LANSING, Mich. (Michigan News Source) — In a timely reversal of legal fortune, the Michigan Court of Appeals has ruled that Robert F. Kennedy Jr.’s name must be removed from the state’s November ballot.
This decision comes just days before the deadline for finalizing candidates in Michigan’s general election. Kennedy, who had suspended his independent campaign and endorsed Donald Trump, had sought to withdraw his name from the ballot to avoid confusing voters—an appeal that has now been granted after a swift legal battle.
The court ruled that Kennedy had a “clear legal right” to have his name removed, stating that no statutory authority prohibited his withdrawal, despite the narrow timeline. In the ruling, the court concluded that Kennedy’s request was not made so late that it should be denied and emphasized that removing his name from the ballot is a “ministerial task” for election officials, with no other remedy available. This decision reverses the earlier ruling by Judge Christopher Yates of the Michigan Court of Claims, who had originally denied Kennedy’s request.
LANSING, Mich. (Michigan News Source) — In what is rapidly becoming one of the more unusual legal battles of the 2024 election, Robert F. Kennedy Jr. has appealed a court order that would keep his name on Michigan’s November ballot, despite his decision to suspend his independent campaign and endorse Donald Trump. Kennedy’s request is straightforward: he does not want to siphon off votes from those unaware of his announcement, a prospect that could throw an already complex election into more confusion.
Kennedy’s legal argument rests on what he views as a misinterpretation of Michigan law. In his appeal to the Michigan Court of Appeals, filed this week, he argues that Judge Christopher Yates of the Michigan Court of Claims incorrectly applied a statute intended for state offices to a federal election.
“State offices are clearly not federal positions, and certainly do not include the office of the President of the United States,” Kennedy wrote in his filing, according to The Detroit News. The law, he argues, should not dictate who appears on the ballot for president of the United States—a race of a different magnitude.
For Kennedy, it’s about preventing electoral chaos. “Elections are not games,” his appeal states. He argues that leaving his name on the ballot would not only mislead voters but would also result in them “throwing away their vote on a withdrawn candidate.” Kennedy’s team has pressed the urgency of the matter, saying that his withdrawal was filed 75 days before Election Day—plenty of time, they argue, to adjust the ballot without disrupting the absentee voting process.
For the Michigan Secretary of State’s office, however, the law is clear: once a candidate is nominated, their name remains on the ballot. Secretary of State Jocelyn Benson’s team insists that the deadlines are too tight to accommodate Kennedy’s withdrawal, particularly with absentee ballots due to be prepared by Sept. 21. Benson’s office argues that Kennedy’s name will remain, as the state law for minor parties must be adhered to in order to maintain order in the electoral process.
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But it’s not just Kennedy’s withdrawal at stake. The Natural Law Party, which nominated him, opposes his exit, arguing that without a presidential candidate, they risk losing future ballot access in Michigan. According to Doug Dern, chairman of the Natural Law Party, state law requires that the party meet specific voter thresholds, and without Kennedy, he fears they could struggle to secure the 1% of votes needed to maintain its official status.
Kennedy’s appeal now lies in the hands of a three-judge panel, with Judge Michael Gadola confirming that the case will be decided without oral argument.
Moreover, the legal battle is not just confined to Michigan. Kennedy is fighting similar legal battles in Wisconsin and North Carolina to ensure his name is removed from ballots in those states as well.
Michigan is operating on a strict election timeline, requiring Secretary of State Jocelyn Benson to submit the final list of candidates to county clerks no later than Sept. 6. Additionally, absentee ballots, essential for military and overseas voters, must be ready for distribution by Sept. 21. Given these deadlines, the court’s decision will have to come quickly as Kennedy’s appeal pushes for immediate action to remove his name before the Sept. 6 deadline.
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