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RFK Jr. files last-ditch effort to get off Michigan ballot

Robert F. Kennedy Jr. filed a last-ditch federal lawsuit Thursday in an effort to get his name off Michigan’s presidential ballot. That’s as local clerks are already finalizing ballots for printing.

Kennedy exhausted his appeals in Michigan courts before turning now to federal courts — even though the state’s legal deadline to get ballots to printers is passed. Angela Benander, a spokesperson for Secretary of State Jocelyn Benson, told the Michigan Public Radio Network the filing will not change current plans.

“Clerks are currently in the process of printing ballots to ensure absentee ballots will be delivered to voters by the federal deadlines,” said Benander. She said those deadlines ensure absentee ballots are in the mail to overseas and military voters in time for them to be returned and counted.

The Michigan Supreme Court on Monday held Kennedy’s name would remain on the ballot, which settled the matter in state courts.

Kennedy has had mixed results in having his name stricken from ballots in states where he has already qualified. He suspended his campaign last month and endorsed former President Donald Trump, the Republican nominee.

Michigan Secretary of State said Kennedy waited until it was too late to withdraw as the nominee of the Natural Law Party of Michigan. Kennedy sought and accepted the minor party nomination as a way to get on the Michigan ballot. Withdrawing now would leave the party without a presidential candidate.

But in the lawsuit filed Monday with the U.S. District Court for Michigan’s eastern district, Kennedy argued the state is violating his constitutional freedom of speech and freedom of association rights.

“Keeping Mr. Kennedy off the ballot will also cause no harm to the public,” said Kennedy’s filing. “Conversely, leaving Mr. Kennedy’s name will serve only to mislead voters, upend election and ballot integrity…”

In the filing, Kennedy also complained that he is being held to a different standard than President Joe Biden, who exited the presidential race on July 21 and cleared the way for Vice President Kamala Harris to be nominated.

But there is a critical distinction. Biden was in the race and the presumptive nominee prior to stepping aside. But he was never formally nominated and, thus, never accepted the nomination.

Harris was waiting in the wings when Biden withdrew his name from consideration following a disastrous debate performance against Trump. She was formally nominated by the Democratic National Convention on August 6th, which placed her on Michigan’s ballot.

The state will now have an opportunity to respond to Kennedy’s lawsuit and motion to remove his name. But the court does not have to accept the case or take any other action.

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RFK Jr, Cornel West will be on Michigan presidential ballot

The Michigan Supreme Court ruled Monday that Robert F. Kennedy Jr.’s name will be on the state’s presidential ballot.

This appears to settle the legal battle and allows local clerks to start printing absentee ballots to mail to overseas and military voters. Kennedy is the nominee of the Natural Law Party of Michigan. But he tried to remove his name from the ballot after suspending his campaign and endorsing former President Donald Trump, the Republican nominee.

The case pitted Kennedy against election officials in the Secretary of State’s office who determined Kennedy flouted Michigan’s deadlines and election standards.

The order in the case was unsigned but in written statements, there was clearly a division between justices nominated by the Democratic and Republican parties.

Justice Elizabeth Welch, who was nominated by Democrats, wrote in a concurring statement that Kennedy had plenty of time to withdraw and his late exit left the Natural Law Party of Michigan without a nominee after Kennedy sought and accepted the convention nomination.

“Plaintiff waited more than four months before asking defendant to remove his name from the ballot. When plaintiff made his request, defendant faced a deadline for ballot printing that was two weeks away,” she wrote. “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.”

In a dissenting opinion, two Republican-nominated justices said the decision will only add to election turmoil.

“The ballots printed as a result of the Court’s decision will have the potential to confuse the voters, distort their choices, and pervert the true popular will and affect the outcome of the election,” said Justices Brian Zahra and David Viviano. “In short, the Court’s ruling will do nothing to rebuild the public’s trust in the fairness and accuracy of our elections.”

There was some urgency to the case since the deadline to finalize ballots was last week so absentee ballots can be sent to military and overseas voters.

A court majority also ruled in a separate, unsigned opinion, that a paperwork error on petitions will not bar academic and activist Cornel West from the Michigan presidential ballot as an independent.

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RFK Jr. goes to court to drop his name from Michigan ballot

A Michigan Court of Claims judge acted quickly Tuesday to deny Robert F. Kennedy Jr.’s request to be removed from the state’s presidential ballot. That’s after Kennedy suspended his campaign last week to back Republican nominee Donald Trump.

Kennedy wants a court to reverse the determination of election officials in the Secretary of State’s office that he missed the deadline for removing his name as the nominee of the Natural Law Party of Michigan. Kennedy is trying to end his candidacy in Michigan and other swing states where he could siphon support from former President Donald Trump, the Republican nominee.

“Plaintiff, a public figure, does not want to represent to the citizens of Michigan that he is vying for their votes for the position of President of the United States,” said Kennedy’s legal filing. “Keeping his name on the ballot against his wishes compels this speech and subjects him to derision, anger, reputational harm, and loss of good will by those who would vote for him based on this speech and later find out their vote was wasted and in vain.”

Kennedy argued the deadline cited by the state elections bureau applies only to down-ballot races and not to candidates for president.

Court of Claims Judge Christopher Yates dispatched the case very quickly, noting the urgency of resolving election-related questions this late in the cycle. Yates wrote the law is “clear and conclusive” that election officials in the Secretary of State’s office are not empowered to go along with Kennedy’s “self-serving act”

“Elections are not just games,” he wrote, “and the Secretary of State is not obligated to honor the whims of candidates for public office.”

Michigan Attorney General Dana Nessel praised the ruling.

“Michigan election law in this instance is unambiguous and the Department of State made the correct decision,” she said in a written statement. “…The law does not apply less because a candidate changes their plans. I appreciate the Court making a quick and wise ruling on this matter.”

Kennedy’s Michigan attorneys did not reply to a request for comment or plans to appeal.

If history is any guide, it is highly unlikely that Kennedy would win Michigan’s 15 electoral votes. The last third-party candidate to win Michigan was former President Teddy Roosevelt, who left the Republican Party to run as the candidate of the Progressive “Bull Moose” Party in 1912. That helped Democratic nominee Woodrow Wilson unseat Republican incumbent President William Howard Taft.

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The post RFK Jr. goes to court to drop his name from Michigan ballot appeared first on WDET 101.9 FM.

RFK Jr. will appear on Michigan ballot, despite suspending campaign

Robert F. Kennedy Jr. will remain on the Michigan presidential ballot, despite his announcement Friday that he is suspending his campaign and backing former President Donald Trump, the Republican Party’s nominee.

“Robert F. Kennedy Jr.’s campaign reached out to the Michigan Bureau of Elections late this afternoon in an attempt to withdraw his name,” said bureau spokesperson Cheri Hardmon, adding that the campaign was informed the deadline to remove his name from the ballot had passed.

Kennedy is on the state ballot as the nominee of the Natural Law Party of Michigan. That party’s state nominating convention was held back in April.

Hardmon said the party could have held a new nominating convention any time until the state’s August presidential primary.

“The Natural Law Party held their convention to select electors for Robert Kennedy Jr.,” she said. “They cannot meet at this point to select new electors since it’s past the primary.”

Kennedy’s quixotic campaign sought the Natural Law Party of Michigan nomination because it was easier and less expensive than gathering thousands of signatures required to get on the state ballot as an unaffiliated independent candidate.

Now, Kennedy said, he wants to be removed from the ballot in states where his candidacy could hurt Trump’s chances. Michigan is considered a swing state, and recent polls show Trump in a close race with Democratic nominee Vice President Kamala Harris.

The Natural Law Party seeks to apply the principles of transcendental meditation to government. Kennedy has no prior affiliation with the party or the transcendental meditation movement. The advantage of a big name for a minor party is the likelihood of winning enough votes to automatically qualify for ballot access in future elections.

The Natural Law Party of Michigan and the Kennedy campaign did not respond to messages seeking comment.

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WDET strives to make our journalism accessible to everyone. As a public media institution, we maintain our journalistic integrity through independent support from readers like you. If you value WDET as your source of news, music and conversation, please make a gift today.

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The post RFK Jr. will appear on Michigan ballot, despite suspending campaign appeared first on WDET 101.9 FM.

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