The lawsuit, filed in Wake County Superior Court, claims that the board’s decision not to remove his name as a third-party presidential candidate violated state election law and his right to free speech.

Kennedy suspended his campaign and endorsed former President Donald Trump in August. He is attempting to withdraw his name from states where the race could be close, such as North Carolina while staying on the ballot in states like New York, where his presence is unlikely to affect the outcome between Trump and Vice President Kamala Harris.

Kennedy’s name will appear on the North Carolina ballot in November unless the court intervenes. The North Carolina board’s three Democrats rejected the request to remove Kennedy and his running mate, Nicole Shanahan, from the ballot’s “We The People” party line, citing printing deadlines and costs.

The two Republicans on the board disagreed, suggesting that the deadline for absentee ballots could be delayed.