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NC Supreme Court Ruling on RFK Ballot Lawsuit Hurts Local Election Funding

MORRISVILLE, N.C. (09.10.24) — In a 4-3 ruling, the North Carolina Supreme Court decided Tuesday that Robert F. Kennedy Jr.’s name will not be included on the state’s ballots. The Court rejected the State Board of Elections appeal of an Appeals Court order, causing a delay in the mailing of absentee ballots.

Counties had already started printing ballots with Kennedy’s name when he requested to withdraw from the race in late August. A Superior Court judge initially agreed with the Elections Board that Kennedy’s name should remain on the ballot, but a panel of Appeals Court judges overturned that decision. By Friday, over 2.9 million ballots had been printed, and now they must be reprinted at the counties’ expense, costing approximately $1 million.

County boards of elections have already expressed that removing Kennedy’s name from the ballot will cost the county an exorbitant amount. For example, Durham County has noted that it may cost taxpayers up to an additional $60,000 in print and labor costs to mail out updated ballots to voters, while Mecklenburg County noted an additional $20,000. This is on top of an already stretched elections budget due to a $9 million funding gap missing from the 2024 state budget.

Katelin Kaiser, Policy Director for Democracy North Carolina, expressed serious concerns over the ruling, noting the NC Supreme Court has previously overturned pro-voter outcomes. “This ruling raises questions about the Court’s impartiality as it more often than not aligns with political opportunism for Republicans. The Court’s previous actions, such as overturning two prior decisions that protected voters against racially discriminatory voter photo ID and partisan gerrymandering, after the Court’s majority flipped, have limited the freedom of choice for all North Carolina voters.

The NC Supreme Court ignored the heavy burden this ruling will impose on the county and the state Board of Elections. Over 146,000 voters have already requested ballots by mail, including more than 12,900 military and overseas community members. These voters now face an already tightened deadline to ensure their ballot is counted with the removal of the 3-day grace period.”

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Democracy North Carolina is a statewide nonpartisan organization that uses research, organizing, and advocacy to strengthen democratic structures, build power among disenfranchised communities, and inspire confidence in a transformed political process that works for all. Learn more at democracync.org.