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LANSING, Michigan — The Michigan Supreme Court has ruled that Robert F. Kennedy, Jr.’s name will remain on the presidential ballot for the upcoming election on November 5, despite his request to have it removed. This decision comes after the Michigan Court of Appeals previously indicated that there was no valid reason to exclude Kennedy’s name, particularly following his endorsement of former President Donald Trump and suspension of his campaign.
The court’s majority opinion stated that Kennedy “has not shown an entitlement to this extraordinary relief.” As a result of this ruling, Kennedy’s name will be included on the ballot alongside that of independent candidate Cornel West and other presidential hopefuls.
Analysts suggest that Kennedy’s presence on the ballot could potentially benefit Democratic Vice President Kamala Harris, especially if it draws votes away from Trump. It is theorized that those aware of Kennedy’s endorsement of Trump might have otherwise chosen to vote for him if Kennedy were not on the ballot.
Due to the nature of the court’s unsigned order, it remains unclear whether the majority ruling was reached with a 5-2 or 4-3 vote. Notably, Justice Elizabeth Welch, a Democratic appointee, expressed her agreement with the ruling but highlighted her disagreement with the Court of Appeals’ conclusion regarding a specific section of state law related to candidates’ ability to withdraw from ballots.
Justice Welch contended that a part of the law which prohibits certain candidates from withdrawing does indeed apply to presidential candidates, countering the view held by the Court of Appeals. She remarked on the urgency of Kennedy’s situation, emphasizing the imminent deadline for ballot printing was just two weeks away when he made his request.
Contrarily, dissenting justices Brian Zahra and David Viviano argued that there is “no provision in law” justifying the Secretary of State Jocelyn Benson’s refusal to process Kennedy’s request. They voiced concerns that many voters may be misled into voting for someone who no longer wishes to take office, a situation they deemed potentially deceptive.
On Friday, the Michigan Court of Appeals had initially ruled in favor of removing Kennedy’s name from the ballot, claiming that the Secretary of State lacked a legitimate reason to deny his withdrawal request. The decision overruled earlier determinations from both a lower court judge and the Michigan Department of State.
Secretary of State Jocelyn Benson, a Democrat, faced scrutiny over her denial of Kennedy’s request. The Court of Appeals found that a portion of state law cited by Benson was only applicable to state office candidates, not those running for president.
Kennedy, age 70, suspended his independent presidential campaign on August 23 and subsequently endorsed Trump. Following this change, his campaign worked to have his name removed from ballots in various battleground states to avoid siphoning votes from Trump.
The Court of Appeals’ ruling contradicted a previous decision made in the Michigan Court of Claims, where Judge Christopher Yates maintained that minor party presidential candidates are unable to withdraw from the ballot. Kennedy had achieved ballot access in Michigan by being nominated by the Natural Law Party, and the deadline for minor parties to hold their nominating conventions had already passed.
Kennedy, the son of the late Senator Robert F. Kennedy and nephew of the late President John F. Kennedy, asserted that he submitted his withdrawal notice to the state on August 23, only for it to be denied.
As the election date approaches, the ruling has implications not only for Kennedy and his supporters but also for the broader political landscape in Michigan.
Source: Detroit Free Press