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

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 some key swing states, including Nevada 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Kennedy has withdrawn his name from the ballot in Florida, where he was set to appear as the nominee for the Reform Party.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

On Monday, an administrative law judge ruled that Kennedy and his electors were not qualified to appear on Georgia’s presidential ballot, with the final decision resting with Secretary of State Brad Raffensperger.

In the initial decision, Judge Michael Malihi found that Kennedy and his 16 electors had technical deficiencies with the petition process that made them ineligible to appear. If Raffensperger, a Republican, affirms the judge’s decision then Kennedy will be off the ballot. If Raffensperger disagrees, Kennedy can still request to have his name withdrawn.

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’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.

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.

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 might keep Kennedy on the ballot, despite his intentions to withdraw.

Kennedy filed a letter on Thursday requesting to be removed from the Wisconsin ballot, and the Wisconsin Elections Commission will hold a special meeting Tuesday to discuss ballot access challenges and certify the list of candidates for the general election.

There were no challenges to Kennedy’s petition, and his campaign submitted more than enough valid signatures, according to the commission’s meeting notes, so it’s possible the panel will keep Kennedy on the ballot.

“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.”