Michigan judge denies RFK Jr.'s lawsuit to be removed from Michigan presidential ballot
LANSING — Robert F. Kennedy Jr. will remain on Michigan's Nov. 5 ballot after a judge sided with Secretary of State Jocelyn Benson, who said it's too late under state election law to have Kennedy's name removed from the presidential ballot.
Kennedy, 70, dropped 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.
But Court of Claims 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.
"Because the Court concludes that the SOS acted well within the bounds of the law, the Court shall deny the requests by plaintiff for (relief)."
Appeals to Yates' ruling are likely.
"Election integrity should be the forefront objective of election bureaus and that critically includes providing accurate ballots," Kennedy initially argued in a weekend court filing with the Michigan Court of Claims.
"Defendant has no compelling reason to place plaintiff's name on the ballot for the upcoming general election."
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.
Kennedy's Friday court filing had asked for a ruling by Tuesday.
Meanwhile, the Michigan Supreme Court could decide this week whether independent candidate Cornel West is eligible for the presidential ballot.
The Michigan Court of Appeals on Friday ruled in favor of West, but the Michigan Department of State and the Michigan Democratic Party are among those arguing West is ineligible for the ballot.
Contact Paul Egan: 517-372-8660 or [email protected]. Follow him on X, @paulegan4.
This article originally appeared on Detroit Free Press: Michigan judge denies RFK Jr. lawsuit to be removed from ballot