(WXYZ) — Robert F. Kennedy Jr. has filed an appeal after a court ruled his name will stay on the ballot in Michigan's General Election this November.
RFK filed the appeal on Thursday, two days after the Court of Claims denied his request to be removed from the ballot.
In a four page ruling, the court found that Kennedy could not be removed from the ballot as the nominee for President of the Natural Law Party because under Michigan Law candidates from minor parties cannot withdraw after accepting their party nomination.
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"In putting forward the slate of candidates for the 2024 general election, each candidate had to sign - and the Natural Law Party had to provide to the SOS - 'a separate written certificate of acceptance of nomination[,]' MCL 168.686a(4), so plaintiff formally accepted the nomination of the Natural Law Party to run for President of the United States. Once that step was completed, the language of MCL 168.686a(4) dictated that '[t]he names of the candidates so certified ... shall be printed on the ballot for the forthcoming election.'," the court writes. "Significantly, those '[ c ]andidates so nominated and certified shall not be permitted to withdraw.' MCL 168.686a(4). Accordingly, plaintiff- as a nominee of the Natural Law Party who had accepted the party's nomination- could not withdraw as a matter of Michigan law."
The appeal reads in part, "Due to Mr. Kennedy’s proper withdrawal from the presidential election, he should not be subject to a ballot containing his name being distributed statewide. A delay in granting immediate consideration and relief in this matter would threaten election integrity as ballot printing and distribution is imminent."
Lawyers are asking the Court of Appeals to resolve it by 3 p.m. on Friday, Sept. 6.
Kennedy was chosen by the Natural Law Party at their conventional signed the official paperwork to be placed on the ballot. In it's ruling, the court said that by withdrawing his name from the ballot, Kennedy would be preventing them from fielding a candidate in Michigan in the General Election.
"Permitting a candidate to unilaterally withdraw after the August primary election date leaves the party without a candidate on the general-election ballot, so plaintiff's request to withdraw at this late date is just a self-serving act that would cause harm to the party that nominated him by leaving the party with no candidate at the top of the ticket," the court says in it's ruling.
The Court of Claims also indicated in it's ruling that had Kennedy sought to get on the ballot through a petition drive, instead of accepting the nomination of a party, he would have been allowed to withdrawn.
"Had plaintiff obtained the requisite number of signatures on nominating petitions to appear on the ballot as a candidate, his desire to withdraw as a candidate might be a result he could unilaterally pursue. But he is the nominee of a party, which put forward his name for the ballot after he accepted that party's nomination. In this context, the directive in MCL 168.686a(4) makes perfect sense. Thus, the Court must deny relief to plaintiff because '[ c ]andidates so nominated and certified [by a minor party] shall not be permitted to withdraw.' MCL 168.686a(4)," the court writes.
You can click here to read the entire statute. The following quoted portion is the section quoted above:
(4) The state convention shall be held at the time and place indicated in the call. The convention shall consist of delegates selected by the county caucuses. The convention may fill vacancies in a delegation from qualified electors of that county present at the convention. The convention may nominate candidates for all state offices. District candidates may be nominated at district caucuses held in conjunction with the state convention attended by qualified delegates of the district. If delegates of a district are not present, a district caucus shall not be held for that district and candidates shall not be nominated for that district. Not more than 1 business day after the conclusion of the convention, the names and mailing addresses of the candidates nominated for state or district offices shall be certified by the chairperson and secretary of the state convention to the secretary of state. The certification shall be accompanied by an affidavit of identity for each candidate named in the certificate as provided in section 558 and a separate written certificate of acceptance of nomination signed by each candidate named on the certificate. The form of the certificate of acceptance shall be prescribed by the secretary of state. The names of candidates so certified with accompanying affidavit of identity and certificate of acceptance shall be printed on the ballot for the forthcoming election. Candidates so nominated and certified shall not be permitted to withdraw.
Before the ruling came out, Benson responded to a tweet from Rudy Guiliani saying she was engaging in "election interference" by saying keeping Kennedy on the ballot was required under state law, citing the same statute that the Court of Claims cited in their ruling.
Hi @RudyGiuliani 👋I know you're no longer a licensed attorney because you made several “demonstrably false and misleading statements” about the 2020 election, so allow me to clarify Michigan law for you.MCL 168.686a(4): Candidates who are nominated and accept a minor party's… https://t.co/b2BHtWx3jT
— Jocelyn Benson (@JocelynBenson) September 3, 2024
Kennedy withdrew from the presidential race and endorsed former President Donald Trump in late August.
You can read the entire opinion below:
20240903 Opin and Ord by WXYZ-TV Channel 7 Detroit on Scribd
