Appeals court reverses earlier rulings, says RFK Jr.'s name should be removed from ballot

LANSING — Robert F. Kennedy Jr.'s name should be removed from Michigan's Nov. 5 presidential ballot, as Kennedy has requested, the Michigan Court of Appeals ruled Friday, overturning earlier decisions by a lower court judge and the Michigan Department of State.

In a strongly worded emergency appeal to the Michigan Supreme Court late Friday, which is the date the Bureau of Elections has identified as the deadline for notifying local clerks of ballot changes, attorneys for Michigan Secretary of State Jocelyn Benson criticized the Appeals Court ruling as "erroneous" and badly reasoned and called on the state's highest court to issue a stay of the panel's order by 3 p.m. Monday.

Benson, a Democrat, "had no basis to deny (Kennedy's) request to withdraw his name from the ballot," a three-judge panel of the Michigan Court of Appeals said Friday.

Kennedy, 70, suspended his independent bid for president on Aug. 23 and endorsed former President Donald Trump. In several battleground states, the Kennedy campaign moved to be taken off the ballot, in an apparent effort to not take votes away from Trump.

Michigan is a key battleground state in the presidential election. With polls showing a close race in Michigan between Vice President Kamala Harris, the Democrat, and Trump, the Republican, whether or not Kennedy's name appears on the ballot has the potential to make an impact.

The Court of Appeals ruled Friday that a section of state law cited by Benson in denying Kennedy's withdrawal request applies only to candidates for state office, not to presidential candidates such as Kennedy.

The panel was composed of two appointees of former Republican Gov. Rick Snyder — Judges Michael Gadola and Mark Boonstra — plus Judge Mark Cavanagh, who was elected to the court in 1988. Boonstra was passed over as a Republican nominee for the Michigan Supreme Court at the party's state convention in Flint on Aug. 24, despite having an endorsement from Trump.

Friday's opinion overturns an earlier ruling in the Michigan Court of Claims, where Judge Christopher Yates ruled Tuesday that Michigan election law is clear — minor party presidential candidates cannot withdraw from the ballot. Kennedy had qualified for the presidential ballot in Michigan after being nominated by the Natural Law Party, and the deadline for minor political parties to hold nominating conventions has already passed.

"Elections are not just games, and the Secretary of State (SOS) is not obligated to honor the whims of candidates for public office," Yates wrote in a four-page opinion.

Yates was appointed to the court by Democratic Gov. Gretchen Whitmer.

Kennedy, the son of the late Robert F. Kennedy, a Democratic presidential candidate, and the nephew of the late John F. Kennedy, a Democratic president, said he sent a withdrawal notice to the state on Aug. 23, but it was denied.

Benson, in a Tuesday post on the social media platform X, pointed to a section of state law that says candidates who are nominated and accept a minor party's nomination "shall not be permitted to withdraw."

In the lawsuit, Kennedy had alleged that section of law does not apply to presidential candidates. On Friday, the Michigan Court of Appeals agreed.

Benson's Department of State had argued that in addition to the statutory language they cited, Kennedy simply waited too long to try to withdraw his name.

The panel noted that although Kennedy first tried to remove his name from the ballot Aug. 23, he waited until Aug. 30 to file a lawsuit.

"It cannot be denied that plaintiff appears to have tarried somewhat in his attempts to obtain relief in both the Court of Claims and in this Court," the panel said. "Nevertheless, the trial court was able to render its decision in time for defendant to comply with her statutory duties notwithstanding these delays, and we are able to do so as well."

But in the appeal to the Michigan Supreme Court, lawyers for Benson said Kennedy's repeated delays were by themselves sufficient reason to refuse his request to have his name removed from the ballot.

Leaving the Natural Law Party without a candidate would unfairly threaten that party's ballot eligibility in future, since that eligibility is based on drawing a certain percentage of the vote, the appeal said.

Benson's office, as required by law, sent local clerks information about the ballot late Friday and left Kennedy's name off the ballot, as directed by the court, the appeal said. But the Michigan Supreme Court should stay that order and allow ballots to be printed with Kennedy's name on them, while the appeal is heard in its entirety, Assistant Attorney General Heather Meingast wrote in a court filing.

Also pending are appeals related to the status of Cornel West, an independent candidate for president.

The Michigan Court of Appeals ruled that his name should appear on the ballot, over the objections of Benson's election officials, the Michigan Democratic Party, and a voter who sued.

Benson did not appeal that ruling to the Michigan Supreme Court, but voter Rosa Holliday, who is represented by former Michigan Democratic Party chair Mark Brewer, did appeal.

Contact Paul Egan: 517-372-8660 or [email protected]. Follow him on X, @paulegan4.

This article originally appeared on Detroit Free Press: Appeals court: Remove RFK Jr.'s name from Michigan presidential ballot