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Appeals court rules RFK Jr. can have his name removed from Michigan presidential ballot

RFK Jr. appeals decision to have name remain on Michigan presidential ballot
RFK Jr. appeals decision to have name remain on Michigan presidential ballot 02:52

(CBS DETROIT) - The Michigan Court of Appeals ruled Friday that Robert F. Kennedy Jr. can remove his name from Michigan's November presidential ballot. 

"While the request was made close to the deadline for defendant to give notice of candidates to local election officials, it was not made so late that laches should apply," the opinion said. 

The decision comes days after Michigan Court of Claims Judge Christopher Yates ruled that Kennedy's name must remain on the ballot. Kennedy filed a lawsuit on Aug. 30 with Michigan's Court of Claims against Michigan Secretary of State Jocelyn Benson. State election officials previously rejected Kennedy's notice of withdrawal.

"Elections are not just games, and the Secretary of State (SOS) is not obligated to honor the whims of candidates for public office," Yates said in his opinion and order. 

Kennedy gained ballot access in Michigan by running as a candidate for the Natural Law Party. Doing so allowed Kennedy to bypass the collection of signatures, which the state requires of independent candidates who are not affiliated with a political party. 

In a social media post Tuesday, Benson said under state law, candidates who are nominated and accept a minor party's nomination "shall not be permitted to withdraw." 

In his lawsuit, Kennedy argued his notice to withdraw from Michigan's ballot was timely and said that votes would be "diminished and rendered invalid" if he were to remain on the ballot. He filed a similar lawsuit last Friday in North Carolina.

Kenndy suspended his campaign and endorsed former President Donald Trump in August. 

Last week, the Michigan Court of Claims ruled that independent candidate Cornel West must remain on the ballot

CBS News Detroit has reached out to Benson's office for comment. We are waiting to hear back.

Read the full opinion and order below:

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