RALEIGH, N.C. (AP) — Robert 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.
Wake County Superior Court Judge Keith Gregory rejected the preliminary injunction request by the North Carolina Democratic Party, which challenged the board's decision last month that declared We the People an official party.
Separately late Monday, a federal judge halted the board's rejection of official party status for another political group — Justice for All — that collected signatures to put progressive activist and professor Cornel West on the presidential ballot. U.S. District Judge Terrence Boyle told the board to declare Justice for All of North Carolina an official party and to accept its candidates for the fall ballot.
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.
Board staff last found We The People organizers turned in enough valid signatures from registered and qualified voters to exceed the petition threshold in state law, which is currently 13,865. Petition collectors also must inform the signers of the general purpose and intent of the proposed party.
Lawyers for We the People and the state said the board granted the certification properly, in keeping with rules approved by the General Assembly.
“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.”
The state Democratic Party filed a complaint seeking the board's decision be reversed. It accused Kennedy's campaign of using the We the People vehicle to evade the tougher standard that state law sets for independent candidates to get on the ballot — the collection of six times as many signatures.
Two of the board's Democrats joined the two Republicans in giving We the People official party status on July 16. But even one of those two Democrats — Chair Alan Hirsch — said at the time the We The People effort was "a subterfuge” and suggested the matter was ripe for a legal challenge.
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.
But Steed and Oliver Hall, a lawyer representing We the People, said the certification law contains no test that the election board must use to decide whether a new party's purpose is acceptable — rather, it simply must have one.
Hall also said removing We the People from the ballot would be an extraordinary action that violates voters' First Amendment rights.
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 Democratic lawyers had asked that Gregory act by the end of the week. State election officials have said that's when they needed all candidate names for fall ballot printing.
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 last month. Vice President Kamala Harris has since won the nomination.
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.
Board staff said it had received more than 17,000 signatures for Justice for All. But Democratic board members questioned how most of the signatures turned in were collected, including those sought by an outside organization called People Over Party. Board staff said dozens of voters whose names were on that list of signatures said they didn’t sign the petition or didn’t know what it was for. And the board said potentially fraudulent signatures were being investigated.
Boyle ruled the board went too far in throwing out the entire petition request. He said People Over Party submitted documents showing how it complied with the petition law. As for allegations of fraud, the board could have simply removed the signatures from counties where many reports originated, subtracting them from the total.
“The Board effectively disenfranchised over 17,000 North Carolina voters who signed petitions to certify JFA as a new political party on flawed, highly suspect grounds,” Boyle wrote while declaring the plaintiffs were likely to win in court on their First Amendment claims. Boyle's ruling can also be appealed.
Justice for All of North Carolina co-chair Italo Medelius praised Boyle's decision, saying Tuesday that it's "not just a win for JFA but a victory for every North Carolinian who believes in the power of choice and the strength of democracy.”
Kennedy’s campaign has said he is officially on the ballot in 17 states and signatures have been submitted in 23 more. The West campaign said Tuesday it has enough signatures and party nominations needed to get on the ballot in 16 states.
FILE - In this Dec. 12, 2019 file photo, Robert F. Kennedy, Jr. attends the 2019 Robert F. Kennedy Human Rights Ripple of Hope Awards at the New York Hilton Midtown in New York. (Photo by Greg Allen/Invision/AP, File)
A small group of supporters wait for Independent presidential candidate Robert F. Kennedy Jr., to arrive at the Albany County Courthouse, Wednesday, Aug. 7, 2024, in Albany, N.Y. (AP Photo/Hans Pennink)
COLUMBIA, S.C. (AP) — South Carolina put inmate Freddie Owens to death Friday as the state restarted executions after an unintended 13-year pause because prison officials couldn’t get the drugs needed for lethal injections.
Owens was convicted of the 1997 killing of a Greenville convenience store clerk during a robbery. While on trial, Owens killed an inmate at a county jail. His confession to that attack was read to two different juries and a judge who all sentenced him to death.
Owens, 46, was pronounced dead at 6:55 p.m.
When the curtain to the death chamber opened, Owens was strapped to a gurney, his arms stretched to his sides.
He mouthed a word to his lawyer, who smiled back. He appeared conscious for about a minute, then his eyes closed and he took several deeps breaths.
His breathing got more shallows and his face twitched for another four or five minutes before the movements stopped.
A medical professional came in and declared him dead about 13 minutes later.
Owens' last-ditch appeals were repeatedly denied, including by a federal court Friday morning. Owens also petitioned for a stay of execution from the U.S. Supreme Court. South Carolina's governor and corrections director swiftly filed a reply, stating the high court should reject Owens' petition. The filing said nothing is exceptional about his case.
The high court denied the request shortly after the scheduled start time of the execution.
His last chance to avoid death was for Republican South Carolina Gov. Henry McMaster to commute his sentence to life in prison. McMaster denied Owens' request as well, stating that he had “carefully reviewed and thoughtfully considered” Owens' application for clemency.
McMaster said earlier that he would follow historical tradition and announce his decision minutes before the lethal injection begins when prison officials call him and the state attorney general to make sure there is no reason to delay the execution. The former prosecutor had promised to review Owens’ clemency petition but has said he tends to trust prosecutors and juries.
Owens may be the first of several inmates to die in the state's death chamber at Broad River Correctional Institution. Five other inmates are out of appeals and the South Carolina Supreme Court has cleared the way to hold an execution every five weeks.
South Carolina first tried to add the firing squad to restart executions after its supply of lethal injection drugs expired and no company was willing to publicly sell them more. But the state had to pass a shield law keeping the drug supplier and much of the protocol for executions secret to be able to reopen the death chamber.
To carry out executions, the state switched from a three-drug method to a new protocol of using just the sedative pentobarbital. The new process is similar to how the federal government kills inmates, according to state prison officials.
South Carolina law allows condemned inmates to choose lethal injection, the new firing squad or the electric chair built in 1912. Owens allowed his lawyer to choose how he died, saying he felt if he made the choice he would be a party to his own death and his religious beliefs denounce suicide.
Owens changed his name to Khalil Divine Black Sun Allah while in prison but court and prison records continue to refer to him as Owens.
Owens was convicted of killing Irene Graves in 1999. Prosecutors said he fired a shot into the head of the single mother of three who worked three jobs when she said she couldn't open the store's safe.
But hanging over his case is another killing: After his conviction, but before he was sentenced in Graves’ killing, Owens fatally attacked a fellow jail inmate, Christopher Lee.
Owens gave a detailed confession about how he stabbed Lee, burned his eyes, choked and stomped him, ending by saying he did it “because I was wrongly convicted of murder,” according to the written account of an investigator.
That confession was read to each jury and judge who went on to sentence Owens to death. Owens had two different death sentences overturned on appeal only to end up back on death row.
Owens was charged with murder in Lee's death but was never tried. Prosecutors dropped the charges with the right to restore them in 2019 around the time Owens ran out of regular appeals.
In his final appeal, Owens' lawyers said prosecutors never presented scientific evidence that Owens pulled the trigger when Graves was killed and the chief evidence against him was a co-defendant who pleaded guilty and testified that Owens was the killer.
Owens’ attorneys provided a sworn statement two days before the execution from Steven Golden saying Owens was not in the store, contradicting his trial testimony. Prosecutors said other friends of Owens and his former girlfriend testified that he bragged about killing the clerk.
“South Carolina is on the verge of executing a man for a crime he did not commit. We will continue to advocate for Mr. Owens,” attorney Gerald “Bo” King said in a statement.
Owens' lawyers also said he was just 19 when the killing happened and that he had suffered brain damage from physical and sexual violence while in a juvenile prison.
South Carolinians for Alternatives to the Death Penalty plans a vigil outside the prison about 90 minutes before Owens is scheduled to die.
South Carolina’s last execution was in May 2011. It took a decade of wrangling in the Legislature — first adding the firing squad as a method and later passing a shield law — to get capital punishment restarted.
South Carolina has put 43 inmates to death since the death penalty was restarted in the U.S. in 1976. In the early 2000s, it was carrying out an average of three executions a year. Only nine states have put more inmates to death.
But since the unintentional execution pause, South Carolina’s death row population has dwindled. The state had 63 condemned inmates in early 2011. It had 32 when Friday started. About 20 inmates have been taken off death row and received different prison sentences after successful appeals. Others have died of natural causes.
Rev. Hillary Taylor protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
A demonstrators protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
Jesse Motte, right, protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
Rev. Hillary Taylor protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
South Carolinians for Alternatives to the Death Penalty Executive Director Rev. Hillary Taylor speaks at a news conference before delivering petitions to stop the execution of Freddie Owens at the South Carolina Statehouse in Columbia, S.C., Thursday, Sept. 19, 2024. (AP Photo/Jeffrey Collins)
South Carolina prepares for first execution in 13 years
South Carolinians for Alternatives to the Death Penalty Executive Director Rev. Hillary Taylor speaks at a news conference before delivering petitions to stop the execution of Freddie Owens at the South Carolina Statehouse in Columbia, S.C., Thursday, Sept. 19, 2024. (AP Photo/Jeffrey Collins)
South Carolina prepares for first execution in 13 years
