NC Court of Appeals halts mailing of absentee ballots while it considers RFK Jr. lawsuit

The North Carolina Court of Appeals on Friday blocked the state from sending out absentee ballots as it considers a lawsuit from Robert F. Kennedy Jr., who is seeking to be removed from the state’s presidential ballot.

In an order released Friday, the court granted Kennedy’s petition to stay a decision from a lower court on Thursday, which had denied his request to be removed from the ballot.

“This cause is remanded to the Superior Court of Wake County for entry of order directing the State Board of Elections to disseminate ballots without the name of petitioner Robert F. Kennedy, Jr. appearing as a candidate for President of the United States,” the order said.

The court’s decision will force the state to miss its Sept. 6 deadline for sending out absentee ballots. The state board has directed county boards of elections not to send out any ballots today and hold them until further notice.

It is unclear how much longer voters will have to wait to receive their ballots, though the executive director of the State Board of Elections estimated last month that it could take around two weeks to reprint ballots without Kennedy’s name on them.

The State Board of Elections could appeal the ruling to the state Supreme Court.

“The court has also ordered that the We The People party’s ballot line be removed (including Kennedy and Shanahan),” the state board’s email to county officials said. “Obviously, this will be a major undertaking for everyone. Our attorneys are reviewing the order and determining how to move forward. No decision has been made on whether this ruling will be appealed.”

Over 130,000 voters have requested absentee ballots so far, which were supposed to be sent out Friday morning.

A Wake County Superior Court judge initially denied Kennedy’s request to be removed from the ballot on Thursday, but granted a 24-hour stay of her decision to allow him to appeal.

Less than one month ago, Kennedy was in court defending his right to be on the state’s ballot. But after suspending his campaign and endorsing former President Donald Trump, he launched a hasty effort to withdraw his candidacy in North Carolina while remaining on the ballot in less competitive states.

His request was initially denied by the State Board of Elections’ Democratic majority, which said it would be impractical to remove him with so little notice and would cause the state to miss its deadline for sending absentee ballots. Kennedy sued shortly after.

Brinson Bell said the cost of reprinting ballots could be in the “high six-figure range.”

This is a developing story and will be updated.

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