North Carolina’s State Board of Elections was named Friday in a lawsuit for the fifth time in 40 days by a fourth different entity or group.
A day after the panel cited logistical grounds for not removing Robert F. Kennedy Jr.’s name from the ballot, the former presidential candidate said the choice impeded his right to free speech. Ballot printing was well underway at the time of the board decision, with absentee by mail ballots set to go out Friday, starting the 61-day window of voting opportunity.
Kennedy’s request was made the same day he announced he would suspend his campaign, on Aug. 23. The board’s decision was six days later. The lawsuit, in which Kennedy is the only listed plaintiff, says he “complied with all requirements set forth under state law in order to remove his name” and “Nevertheless, NCSBE directed its County Boards of Election to continue printing ballots with Kennedy on them.”
“Thus,” the lawsuit says, “to the extent NCSBE claims it is ‘impractical’ to remove him from the ballot, it is an issue of NCSBE’s own making.”
Board Democrats Alan Hirsch, Jeff Carmon and Siobhan Millen voted to keep Kennedy’s name on the ballot; Republicans Stacy Eggers and Kevin Lewis wanted to honor Kennedy’s request for removal.
In a release, the state board said at least 1.7 million ballots were already printed.
Kennedy’s litigation was the third in nine days for a board that in July faced two lawsuits and inquiries each from the Judiciary Committee of the U.S. House of Representatives and the Oversight Committee of the North Carolina House of Representatives.
On Aug. 26, the board was accused in a lawsuit of neglecting responsibility with the Help America Vote Act. Plaintiffs were the North Carolina Republican Party and the Republican National Committee.
On Aug. 22, the board was accused in a lawsuit of failing to ensure lawful removal from voter rolls those people identified as noncitizens of the United States who registered to vote. The plaintiffs were the state and national Republican organizations this time as well.
On July 26, a reversal of the board’s decision to allow the We The People Party onto the ballot was sought by the North Carolina Democratic Party. Kennedy was the representative in the presidential race for We The People.
And on July 22, three Fayetteville residents sought reversal of the board’s decision to not allow the Justice For All Party onto the ballot. Dr. Cornel West was the representative in the presidential race for Justice For All. The plaintiffs were Johnny Thomas Ortiz II, Jimmie Gregory Rogers Jr. and Weldon Murphy.
North Carolina has 16 electoral college votes and is considered one of seven key battleground states representing 93 electoral college votes. The others are Pennsylvania (19), Georgia (16), Michigan (15), Arizona (11), Wisconsin (10) and Nevada (six)
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