Court Of Appeals Removes Robert F. Kennedy Jr. From Michigan Ballot

 September 7, 2024

In a significant turn of events, Michigan’s Appeals Court, overruling prior decisions by a lower court and state department, has ruled that Robert F. Kennedy Jr. should not appear on Michigan's November presidential ballot.

This ruling came after Kennedy had requested his name to be withdrawn following the suspension of his campaign.

The Detroit Free Press reported that the Michigan Court of Appeals made a decision last Friday that Kennedy's name should be stricken from the November 5 ballot. This decision overturned the assertions by both a lower court and the Michigan Department of State, which had earlier opposed Kennedy's withdrawal.

The intrigue in this legal battle began when Kennedy, originally a candidate through the Natural Law Party, suspended his presidential campaign on August 23 and declared his endorsement for Donald Trump. Not long after, he sought to have his name removed from the upcoming ballot.

Judiciary Challenges State Department’s Initial Decision

The urgency of Kennedy’s request was punctuated by the coincident electoral deadline for finalizing the ballot. The Department of State, under Secretary Jocelyn Benson, initially rejected Kennedy's withdrawal, citing procedural delays.

The Appeals Court criticized Benson's decision, labeling it as having "no basis" and being inconsistent with electoral norms.

This criticism amplified the legal echoes in the courtroom, influencing the Appeals Court's decision to allow Kennedy’s name removal from the ballot.

This contradicted an earlier ruling from Judge Christopher Yates of the Michigan Court of Claims, which had declared that once nominated, minor party presidential candidates could not withdraw their candidacy. Judge Yates emphasized, "Elections are not just games, and the Secretary of State is not obligated to honor the whims of candidates for public office."

The appellate panel comprised Judges Michael Gadola and Mark Boonstra, previously appointed by former Republican Governor Rick Snyder, and Judge Mark Cavanagh, who was elected in 1988. Their unanimous decision underscored a pivotal interpretation of state law, which they concluded did not prevent Kennedy, a presidential candidate, from withdrawing his candidacy.

Legal debates centered around whether a section of the state law, previously cited to prevent Kennedy’s withdrawal, applied solely to state office candidates and not to presidential ones. The court agreed with Kennedy’s lawyers that the law did not pertain to him.

This legal deliberation highlighted how electoral laws are interpreted and applied, showing significant implications for how candidates can manage their electoral engagements.

Implications for The Presidential Election in Michigan

Michigan, noted for its critical role as a battleground state, is poised for a tight race between Vice President Kamala Harris and Donald Trump.

The removal of Kennedy’s name could simplify the choices for voters but also alter the dynamics of campaign strategies among the remaining contenders.

Kennedy’s legal maneuverings to leave the race demonstrate a rare electoral strategy, with implications stretching beyond Michigan.

The legal argument, centered on the specific application of electoral laws to presidential candidates, may set precedents for future elections.

There was also mention of legal proceedings involving another independent candidate, Cornel West, whose inclusion on the ballot was challenged by the state but eventually ruled in his favor by the same Court of Appeals.

The legal disputes have not only shaped the electoral landscape but have also sparked discussions around the rights of candidates and the responsibilities of electoral officials. Attorneys for Secretary of State Jocelyn Benson called the Appeals Court ruling "erroneous" and "badly reasoned," reflecting the contentious nature of the case.

Rosa Holliday, represented by former Michigan Democratic Party chair Mark Brewer, also became a noteworthy side-story as she challenged the eligibility of Cornel West's candidacy, highlighting a broader narrative of electoral integrity and candidate qualifications.

Copyright 2024 Patriot Mom Digest