In a 3-2 vote Thursday, the board decided to keep RFK Jr. on the 2024 ballot, citing it is too late for We The People Party to remove its nominee.
The lawsuit, which was filed in Wake County Superior Court, said refusing to remove Kennedy's name brings harm and that forcing him to remain on the ballot is a violation of the Constitution.
WATCH | Board of Elections vote means RFK Jr.'s name will remain on the NC ballot: 'It's impractical'
NC BOE refuses to remove RFK Jr.'s name from ballot
Kennedy formed a new political party called We The People but he suspended his campaign for president last week. He has since endorsed former President Donald Trump.
"It takes a lot of chutzpah to request the extraordinary relief of reprinting ballots," Democratic board member Siobhan Millen said. "The statutory deadline of September 6th can't be ignored just because of the capricious behavior of one party's candidate."
By late Thursday, 67 of the state's 100 counties would have already received their printed absentee-by-mail ballots, one week before mail-in voting starts, according to Board of Elections executive director, Karen Brinson Bell.
"This is a much more complex and layered process," she said.
WATCH | Robert F. Kennedy Jr. says he's suspending his presidential bid and backing Donald Trump
Robert F. Kennedy Jr. says he's suspending his presidential bid and backing Donald Trump