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There's a Problem With Kennedy's Plan to Remove His Name From Ballots in Battleground States

Leah Barkoukis
Leah Barkoukis  |  August 28, 2024 8:00 AM

Last week, independent presidential candidate Robert F. Kennedy Jr. suspended his campaign during an event in Phoenix, Arizona, telling voters that he was removing himself from the ballot in battleground states so he didn’t act as a “spoiler” in November. 

"In about 10 battleground states where my presence would be a spoiler, I'm going to remove my name, and I've already started that process and urge voters not to vote for me," said Kennedy, who went on to endorse former President Donald Trump. 

"Our polling consistently showed by staying on the ballot in the battleground states, I would likely hand the election over to the Democrats, with whom I disagree on the most existential issues," he added. 

But there’s a major problem with that plan—it may not work in Michigan, Nevada, North Carolina and Wisconsin.

In Michigan, Cheri Hardmon, senior press secretary for Michigan Secretary of State Jocelyn Benson, told Axios “minor party candidates cannot withdraw, so his name will remain on the ballot in the November election.”

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Hardmon continued, "The Natural Law Party held their convention to select electors for [RFK Jr.]. They cannot meet at this point to select new electors since it's past the primary."


Nevada

It’s also too late for Kennedy to remove himself from the Nevada ballot, just missing the Aug. 20 deadline for a request to withdraw. Nevada state law says a request for candidate withdrawal must come seven business days after the filing deadline, which was Aug. 9.

“A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office,” the statute reads.

Nevada is also one of several states where lawsuits filed by Democrats and other groups are seeking to remove him from the ballot.

North Carolina

Kennedy’s creation of the We The People Party in North Carolina and the short amount of time before the election mean he could likely stay on the ballot in the state.

The first absentee ballots go out to North Carolina voters starting Sept. 6.

“Robert F. Kennedy Jr. has been nominated by the We The People Party as that party’s presidential candidate to be listed on the ballot,” North Carolina State Board of Elections public information officer Patrick Gannon said. “That party has not informed the State Board of any plans to change its nomination.”

Gannon said that if We The People withdrew Kennedy's nomination, state officials would have to consider if it would be practical to reprint ballots. As of Friday, nearly a third of North Carolina's 100 counties had started the printing process. [...]

Wisconsin

Wisconsin is another state where state law appears set to keep Kennedy on the ballot, despite his intentions to withdraw.

The Wisconsin Elections Commission on Tuesday voted to keep Kennedy on the ballot, even though he filed a letter on Thursday, requesting to be removed.

“Any person who files nomination papers and qualifies to appear on the ballot may not decline nomination,” Wisconsin state law reads. “The name of that person shall appear upon the ballot except in case of death of the person.” (NPR)

“Every state has different procedures and deadlines with regard to ballot access and withdrawal, but the later a withdrawal happens, the harder it is for a state to remove a name from a ballot,” said David Becker, executive director of the Center for Election Innovation & Research. “Some states have deadlines that have passed, and many states have already begun the process of printing ballots.” 

Some argued if Kennedy's name isn't removed, Republicans should push for President Biden's name to remain.