Superior Court Judge Keith Gregory rejected the preliminary injunction request by the North Carolina Democratic Party.
Gary D. RobertsonRobert F. Kennedy Jr. can remain on North Carolina's presidential ballots after a state judge on Monday refused to block printing his name and those of other candidates of the "We the People" party that was recently certified by the State Board of Elections.
The board had voted 4-1 to recognize We the People, which has been used by Kennedy's supporters to get the environmentalist and author on the ballot in a handful of states. Kennedy otherwise promotes himself nationally as an independent. The decision came as a New York judge ruled against Kennedy 's inclusion on the ballot there, saying he's a California resident.
"You simply asked this court to look at the law and you said the state board didn't violate it," Gregory told state attorney Terence Steed at the close of the nearly two-hour hearing. "I agree." Ray Bennett, a lawyer representing the Democrats in the lawsuit, pointed in court to We the People petition instructions stating the party's purpose was simply to create a new party to put Kennedy on the ballot. That's impermissible, Bennett said, and it would otherwise prompt all independent candidates to favor the easier political party signature process.
A state Democratic Party spokesperson didn't respond Monday to an email seeking comment on Gregory's decision, which the judge planned to issue in writing later and could be appealed. The Justice for All litigation stemmed from the board's Democratic majority voting 3-2 to reject the group's petition for official party status.
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