Judge rejects RFK Jr.’s ballot removal suit

A Michigan judge on Tuesday quickly rejected Robert F. Kennedy Jr.’s request to force the removal of his name from the state’s Nov. 5 ballot.

“Elections are not just games, and the Secretary of State is not obligated to honor the whims of candidates for public office,” Judge Christopher Yates wrote in his ruling, noting state officials “acted well within the bounds of the law” when denying Kennedy’s initial request to be removed. 

Kennedy dropped out of the presidential race on Aug. 23 and endorsed Republican Donald Trump. But Secretary of State Jocelyn Benson’s office previously said it could not remove him from the ballot because the Natural Law Party had nominated him for the post in April.

Yates’ decision came just hours after the Kennedy campaign initially filed suit. 

Attorney Eric Esshaki had argued that keeping Kennedy’s name on the Nov. 5 ballot would “serve only to mislead voters” and could “upend election and ballot integrity.” 

Kennedy had sought a “speedy hearing” on the matter, “because the printing of the ballots is imminent” with absentee ballots set to go out later this month, the attorney noted. 

Esshaki had also claimed Kennedy sent “adequate notice to the state of Michigan” on Aug. 30 to keep his name off the ballot. Not honoring the request, he added, would inaccurately reflect who is running for president in the state. 

State officials previously told Kennedy Michigan election law does not allow candidates to remove their names from the ballot once a party has nominated them and it is after the state primary. 

The head of the esoteric Natural Law Party previously said he will not support efforts to remove Kennedy’s name because doing so would jeopardize the party’s ballot access in future years. 

To maintain a regular slot on the ballot, minor parties must get enough votes to equal 1% of the total votes that the last successful candidate for Michigan Secretary of State got in their own last election.

Benson got 2,467,859 votes in 2022, meaning the Natural Law Party would need 24,679 votes for Kennedy to maintain its spot on the Michigan ballot.