Michigan Supreme Court rules RFK Jr. will remain on state's ballot in November
(CBS DETROIT) - The Michigan Supreme Court ruled on Monday that Robert F. Kennedy Jr.'s name will remain on the state's ballot for the upcoming November election.
The court vacated the state Appeals Court ruling, concluding that Kennedy did not show "an entitlement to this extraordinary relief."
"[The] plaintiff has neither pointed to any source of law that prescribes and defines a duty to withdraw a candidate's name from the ballot nor demonstrated his clear legal right to performance of this specific duty, let alone identified a source of law written with 'such precision and certainty as to leave nothing to the exercise of discretion or judgment,'" read the Supreme Court order.
Kennedy suspended his campaign and endorsed former President Donald Trump in August. Since then, he has sought to withdraw his name in states — like Michigan — where the race could be close. Kennedy's complaint in North Carolina was also denied, while other battleground states, like Pennsylvania, Florida and Ohio, said he would not appear on their ballots.
On Aug. 30, he filed a complaint in the Court of Claims to be removed from the ballot after Secretary of State Jocelyn Benson refused. Michigan Court of Claims Judge Christopher Yates rejected Kennedy's request, but the Court of Appeals reversed that ruling.
Justice Elizabeth Welch, who agreed with the latest ruling, wrote that the Appeals Court "misapplied" state election law and that Kennedy waited to request a withdrawal from the ballot months after the Michigan Natural Law Party nominated him for president.
"When plaintiff [Kennediy] made his request, defendant [Secretary of State] faced a deadline for ballot printing that was two weeks away. Additionally, the Natural Law Party, which opposed plaintiff's efforts to remove himself from the ballot, had no opportunity to field a candidate and faced considerable prejudice," Welch wrote.
Meanwhile, Justices David Viviano and Brian Zahra, who wrote a dissenting opinion, said the Secretary of State's claim that Kennedy could not be removed from the ballot under state election law is meritless, and the department had already delivered a list of candidates for the ballot to county clerks by the Sept. 6 deadline.
"Now countless Michigan voters may be deluded and deceived into casting their ballots for a candidate who has no intention to hold the office. Because there is no legal authority for the Secretary's decision to deny Kennedy's withdrawal, mandamus is warranted, and this appeal should be denied," Viviano and Zahra wrote.
In addition to Kennedy, a judge ruled that Independent presidential candidate Cornel West would appear on Michigan's ballot in November a week after West was disqualified.
Court of Claims Judge James Robert Redford wrote in a decision released Saturday that West's campaign submitted the proper number of signatures to qualify for the ballot and that presidential candidates are not required to file affidavits of identity.
A Secretary of State spokesperson said Benson's office plans to appeal Redford's decision.
