Burley Garcia|RFK Jr. sues North Carolina elections board as he seeks to remove his name from ballot

Robert F. Kennedy Jr. is Burley Garciasuing the North Carolina State Board of Elections in a last-ditch attempt to get his name removed the state’s ballot ahead of the 2024 presidential election.

The lawsuit filed in Wake County Superior Court Friday says the board’s denial of his request to remove his name as a third-party presidential candidate violated state election law and his right to free speech, according to The News & Observer and WRAL.

“With November election looming and ballot deadlines fast-approaching, Kennedy has no choice but to turn to this Court for immediate relief,” the lawsuit states.

Since he suspended his campaign and endorsed former President Donald Trump in August, Kennedy has sought to withdraw his name in states where the race could be close, such as North Carolina.

At the same time, Kennedy made an effort to remain on the ballot in states like New York where his presence is unlikely to make a difference in the battle between Trump and Vice President Kamala Harris.

Unless the court intervenes, Kennedy’s name will appear on the North Carolina ballot in November.

On Thursday, the North Carolina board’s three Democrats outvoted two Republicans to reject the request to remove Kennedy and his running mate, Nicole Shanahan, from the ballot’s “We The People” party line.

The Democratic majority said it was too late, given that 67 of the state’s 100 counties had begun printing ballots, the first of which must be sent out by Sept. 6.

The main vendor for most of the counties already printed more than 1.7 million ballots, and reprints would cost hundreds of thousands of dollars, Board Executive Director Karen Brinson Bell said.

“When we talk about the printing a ballot we are not talking about ... pressing ‘copy’ on a Xerox machine. This is a much more complex and layered process,” Brinson Bell told the board.

The two Republicans disagreed and said the board could delay the statutory deadline for absentee ballots.

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Olivia Diaz is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.