RFK is unable to withdraw his name from ballots in some swing states

Updated September 10, 2024 at 17:00 PM ET

Sept. 10 update: Robert F. Kennedy Jr. will indeed remain on Michigan's ballot, the state's high court has ruled.

In North Carolina, that state's high court ruled the other way, deciding to remove RFK's ballot line — and delaying the start of North Carolina's mail voting in the process.

Earlier story:

After spending several months and millions of dollars overcoming onerous requirements to try to get on the ballot in all 50 states, Robert F. Kennedy Jr. is now facing new barriers to get off the ballot in some states.

Last Friday, Kennedy announced he was effectively ending his independent presidential campaign, encouraging his supporters to vote for him in noncompetitive states, but to support Republican Donald Trump in others.

“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,” Kennedy said.

But an NPR review finds it may not be possible for Kennedy to remove his name from ballots in the three of seven key swing states: Michigan, North Carolina and Wisconsin.

“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.”

Before his announcement, Kennedy's campaign said it had gathered enough signatures to appear on 47 ballots and officially gained access in 22 states. And while the campaign did not specify what states he would seek to leave, below is where things stand in 10 of the closest states (in alphabetical order).

Of course, it's unclear how many people in a swing state would actually vote for Kennedy, should he be unable to remove himself from that state's ballot.

Arizona

Kennedy filed paperwork to remove his name from the Arizona ballot on Thursday, the day before announcing the suspension of his campaign.

Florida

Kennedy has withdrawn his name from the ballot in Florida, where he was set to appear as the nominee for the Reform Party.

He submitted the request Friday, one day before the state’s deadline for minor political parties to nominate their presidential and vice presidential candidates and certify those names with the state.

Georgia

Kennedy asked to be removed from the ballot in Georgia on Monday — the same day an administrative law judge ruled that Kennedy and his electors were not qualified to appear on Georgia’s presidential ballot.

In the decision, Judge Michael Malihi found that Kennedy and his 16 electors had technical deficiencies with the petition process that made them ineligible to appear.

Since the campaign withdrew his petition to appear on the ballot, the challenge to his candidacy is moot and Kennedy will not be an option for voters.

Michigan

Kennedy must stay on the ballot in Michigan, where he obtained ballot access through the Natural Law Party, a minor political party, instead of the more difficult independent petition process.

Michigan state law prevents minor-party nominees from withdrawing after being certified, and the Michigan Bureau of Elections told Michigan Public Radio the deadline for any changes had long passed.

“The Natural Law Party held their convention to select electors for Robert Kennedy Jr.,” spokesperson Cheri Hardmon said. “They cannot meet at this point to select new electors since it's past the primary.”

Nevada

It seemed too late for Kennedy to remove himself from the Nevada ballot, as he had missed the Aug. 20 deadline to request removing himself. Nevada state law says a request for candidate withdrawal must come seven business days after the filing deadline, which was Aug. 9.

But a Tuesday court ruling will see him taken off regardless. Kennedy's attorneys agreed to a stipulation that settled a lawsuit challenging his eligibility.

North Carolina

In a 3-2 vote Thursday, the North Carolina State Board of Elections denied a request by the We The People Party — a minor party Kennedy created to get on the ballot — to remove him from the ballot.

The board ruled that it wasn't practical to reprint ballots, given that the first absentee ballots go out to North Carolina voters starting next Friday, Sept. 6.

The board said in a statement: "Approximately 2 million ballots statewide have already been printed with Kennedy’s name on them, and the first ballots will be sent to absentee voters in eight days."

"We have to keep that in mind that any decision by the board today is impactful on coding and preparation for the entire election, not just absentee by mail and that deadline," Karen Brinson-Bell, the board's executive director, told board members Thursday. "Already, 67 counties [out of 100 in the state] have received their supply of absentee by mail ballots or will have by the end of day today."

Ohio

Kennedy will no longer appear on Ohio’s ballot, according to Secretary of State Frank LaRose. The deadline for Ohio’s ballot to be finalized is not until Sept. 6.

Pennsylvania

Of all the battlegrounds, perhaps none is being more contested by both Democrats and Republicans than Pennsylvania.

Kennedy's candidacy had been challenged in court — until Friday, when his lawyers filed notice that he no longer opposed the challenge. A judge then granted Kennedy’s request to withdraw his candidacy.

Texas

After overcoming one of the more significant ballot access thresholds in the country in Texas, RFK has removed his name from the ballot there, too. According to the Texas secretary of state’s website, Kennedy has withdrawn his candidacy.

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.

Copyright 2024 NPR