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North Carolina Democrats file lawsuit to overturn decision adding RFK Jr. to ballots

The North Carolina Democratic Party is challenging the recent decision made by the state election board to recognize a new political party aiming to include Robert F. Kennedy Jr. on the state’s presidential ballots. The complaint, filed on Thursday, seeks to reverse the board’s action in making “We The People” an official party in the presidential battleground state. The board announced that supporters of We The People had submitted enough valid signatures from registered and qualified voters to meet the petition threshold required by state law.

In the complaint presented to Wake County Superior Court, lawyers representing the Democratic Party claimed that Kennedy’s campaign bypassed the more stringent criteria for independent candidates to appear on the ballot – which entails six times as many signatures – by posing as a political party, a move alleged to be in violation of state law. The instructions for signing the petition for We The People reportedly mentioned that the party’s purpose was to secure Kennedy’s placement on the ballot, a purpose deemed impermissible under state law by the Democratic Party’s legal team, who argue that Kennedy should have followed the regulations for independent candidates.

Despite a 4-1 vote in favor of recognition by the board, Democratic board Chair Alan Hirsch voted affirmatively yet expressed concerns about what he described as “subterfuge” by We The People, suggesting that any legal challenge to the decision would likely have a strong case. Supporters of We The People defended their signature drive as lawful and compliant with state regulations, announcing their candidates to include Kennedy, running mate Nicole Shanahan, and contenders for two other local races.

The Democratic Party is urging a judge to take action by August 16 to issue a preliminary injunction preventing the inclusion of We The People candidates on the fall printed ballots. Kennedy, known for his environmental activism and advocacy for liberal causes, has also been associated with vaccine conspiracy theories, gaining traction during the pandemic and earning praise from conservative figures like former Fox News Channel host Tucker Carlson.

Amid concerns that Kennedy’s popularity could draw voters away from the Democratic presidential nominee – now expected to be Vice President Kamala Harris following President Joe Biden’s withdrawal from the reelection race – the board’s Democratic majority voted 3-2 last week to reject a petition drive seeking recognition for the Justice for All Party. Hirsch cited apprehensions about the collection of signatures for the group by an external entity as a reason for the rejection, triggering criticism from Republicans who accused Democrats of trying to hinder opportunities for candidates like West and Kennedy to appear on the ballots and potentially detract votes from the Democratic nominee.

In a related development, three registered voters who signed the Justice for All petition took legal action against the state board in federal court earlier this week, aiming to establish Justice for All as an official party authorized to field candidates. The lawyers involved in the litigation have a background of supporting Republican causes.

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