Could Mark Robinson be replaced as NC Republicans’ candidate for governor?

After CNN published a report tying Republican Lt. Gov. Mark Robinson to graphic, racist and offensive comments made on a pornography message board, at least one Republican candidate has called for him to drop out of the governor’s race.

But the North Carolina State Board of Elections says any candidate wishing to resign would have to do so by 11:59 p.m. on Thursday.

A spokesperson for Robinson said he has no plans to drop out. In a video released on X prior to CNN’s report, Robinson described the forthcoming story as containing “salacious tabloid lies” and said, “we are staying in this race.”

Thursday is the deadline for candidates to resign because absentee ballots are set to go out to military and overseas voters on Friday morning, following several weeks of delays due to Robert F. Kennedy Jr.’s legal battle to withdraw his North Carolina candidacy.

Those ballots already have Robinson’s name on them — and any further delay to the mailing process would place the state in violation of federal law, which mandates that absentee ballots be sent out to military and overseas voters by Sept. 21.

This means it’s highly unlikely that ballots would be reprinted with a new Republican gubernatorial candidate.

However, state law says that if a gubernatorial candidate is replaced because he or she “dies, resigns, or for any reason becomes ineligible or disqualified,” the executive committee of the candidate’s party can nominate a replacement.

In that scenario, any votes that Robinson got in the election would go to a replacement selected by the North Carolina GOP’s executive committee.

The party is prohibited by state law from selecting a replacement who already ran in the same race in this year’s primary. That means State Treasurer Dale Folwell and attorney Bill Graham would not be allowed to replace Robinson.

Other states, including Georgia and Louisiana, have laws allowing the state to post notices at polling places if there is a last-minute candidate withdrawal that is not reflected on the ballot.

This scenario was addressed in the state Supreme Court’s recent ruling on RFK Jr.’s ballot withdrawal lawsuit.

“I see nothing in our state’s election laws that would prohibit a similar notice at polling locations,” Republican Justice Richard Dietz wrote in his dissent. “These notices also could be sent to voters who requested absentee ballots. Indeed, I think our constitutional protections of voting rights would compel the State Board of Elections to take these steps.”

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