North Carolina Democrats sue to reverse decision that put RFK Jr. on ballots

RALEIGH. N.C. -- The North Carolina Democratic Party has challenged the state election board's recent decision to recognize a new political party that will put Robert F. Kennedy Jr. on the state's presidential ballots.

The complaint filed Thursday seeks to reverse the board's action that made “We The People” an official party in the presidential battleground state. Board staff last week said that supporters of We The People turned in enough valid signatures from registered and qualified voters to exceed the petition threshold in state law.

In the complaint filed in Wake County Superior Court, lawyers representing the Democratic Party alleged that Kennedy's campaign evaded tougher standards for independent candidates to get on the ballot — six times as many signatures — by masquerading as a political party in violation of state law.

Petition instructions for We The People stated the party's purpose was to put Kennedy on the ballot, the complaint contends. According to the Democratic Party’s lawyers, that's not a permissible purpose under state law, and Kennedy needed to follow the rules for independent candidates.

The board voted 4-1 in favor of recognition. While Democratic board Chair Alan Hirsch voted yes, he still said that We The People had engaged in “subterfuge” and suggested that anyone challenging the vote in court would “have a very good case.”

We The People representatives have defended the signature drive as legitimate and aligned with state law. The party said its candidates would include Kennedy and running mate Nicole Shanahan, along with candidates for two other local races.

The Democratic Party asked that a judge act by Aug. 16 to issue a preliminary injunction preventing printed ballots for the fall to contain We The People candidates.

Kennedy, an avowed environmentalist, has long been a champion of liberal causes. But he also has been a leading proponent of vaccine conspiracy theories, which helped him rise to greater prominence during the pandemic and earned him admiration from conservatives like former Fox News Channel host Tucker Carlson.

Democrats are worried Kennedy still has enough left-wing star appeal that he could peel off voters from their presidential nominee, who was expected to be President Joe Biden until he dropped his reelection bid earlier this month. Now Vice President Kamala Harris has locked up support for the nomination.

By a 3-2 vote, the board’s Democratic majority also voted last week to reject the petition drive seeking recognition for the Justice for All Party, which would have put professor and progressive activist Cornel West on the state's presidential ballot. Hirsch said he had concerns about how signatures for the group accumulated by another entity were collected.

Republicans criticized the refusal. They've said Democrats were trying to deny spots for West and Kennedy on ballots that would take away votes from the Democratic presidential nominee.

Three registered voters who signed the Justice for All petition sued the state board in federal court earlier this week, hoping to convince a judge that Justice for All is an official party that can field candidates. The lawyers who filed the litigation have a history of defending Republican causes.