RFK Jr. to remain on the Michigan ballot, state Supreme Court rules

LANSING, Mich. (WLNS) — After a series of back-and-forth rulings, the Michigan Supreme Court decided Monday that Robert F. Kennedy Jr. will remain on the Michigan ballot for the presidential election.

After suspending his campaign and endorsing former President Donald Trump last month, Kennedy sued Michigan Secretary of State Jocelyn Benson to withdraw his name from the state’s ballot on Aug. 30.

On Sept. 6, the Michigan Court of Appeals ruled that he should be removed from the ballot, reversing the decision made by a lower court judge. This decision was, in turn, reversed by the Michigan Supreme Court.

Kennedy received the nomination from the Natural Law Party as their candidate for president in April and earned a spot on the state’s ballot for the November election. In suing Secretary Benson, Kennedy sought a writ of mandamus—an order from the court to order a government official to properly fulfill their position’s duties and grant “extraordinary relief.”

Kennedy had the responsibility to prove the following:

  • He had a clear legal right to be removed from the ballot

  • Secretary Benson had a legal duty to remove him from the ballot

  • Removing him from the ballot is a ministerial action—a government duty outlined by the law with enough detail that discretion or judgment is not required

  • No other adequate legal/equitable remedy exists that could provide the same result

The Supreme Court ruled that Kennedy failed to prove that he had any legal right to his name’s removal from the ballot and that removing his name was a ministerial action—and that as a result he was not entitled to it. Thus, they reversed last week’s Court of Appeals decision, which interpreted Michigan election law, which requires that minor party candidates nominated by their party must appear on the ballot and shall not withdraw, to only apply to state elections.

See the full ruling below:

167545-2024-09-09-orDownload

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