Robert F. Kennedy Jr., an independent presidential candidate, hosted an event at the Val Air Ballroom in West Des Moines April 13, 2024, to gain ballot access for the 2024 presidential election. (Photo by Robin Opsahl/Iowa Capital Dispatch)
A Michigan Court of Claims judge ruled Tuesday that presidential candidate Robert F. Kennedy Jr. cannot withdraw from Michigan’s November general election ballot, despite suspending his campaign and endorsing former President Donald Trump.
“Elections are not just games, and the Secretary of State (SOS) is not obligated to honor the whims of candidates for public office,” concluded Judge Christopher Yates.
Former President Donald Trump speaks at a rally at Alro Steel in Potterville, Michigan on Aug. 29, 2024 | Photo: Anna Liz Nichols
Kennedy was nominated in April by the Natural Law Party to appear on the presidential ballot in Michigan this November, but sought to have his name removed after suspending his campaign last month and throwing his support behind Trump — the GOP presidential nominee.
“The SOS rejected that eleventh-hour change of heart, so plaintiff has come to the Court at the very last minute seeking immediate relief on the basis that the SOS has violated Michigan law in denying his request to be removed from the ballot,” wrote Yates. “Because the Court concludes that the SOS acted well within the bounds of the law, the Court shall deny the requests by plaintiff for mandamus relief, injunctive relief, and declaratory relief.”
The SOS rejected Kennedy’s request on Aug. 26, three days after he suspended his campaign, citing a section of Michigan Election Law concerning candidates nominated by minor political parties.
“The language of MCL 168.686a cited by the SOS is clear and conclusive,” ruled Yates, who noted that it “unambiguously states that a candidate nominated by a so-called minor party who has accepted the party’s nomination “shall not be permitted to withdraw.”
Yates said that by allowing a candidate to unilaterally withdraw after the August primary election, the Natural Law Party would be left without a candidate for inclusion on the general-election ballot.
“(S)o plaintiff’s request to withdraw at this late date is just a self-serving act that would cause harm to the party that nominated him by leaving the party with no candidate at the top of the ticket,” he stated. “Had plaintiff obtained the requisite number of signatures on nominating petitions to appear on the ballot as a candidate, his desire to withdraw as a candidate might be a result he could unilaterally pursue. But he is the nominee of a party, which put forward his name for the ballot after he accepted that party’s nomination.”
In response, Michigan Attorney General Dana Nessel said the ruling confirmed the unambiguous nature of Michigan election law, and that the secretary of state made the correct decision.
“The law does not apply less because a candidate changes their plans,” said Nessel. “I appreciate the Court making a quick and wise ruling on this matter.”
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