LANSING — Robert F. Kennedy Jr.'s name will appear on Michigan's Nov. 5 presidential ballot, over his objections, the Michigan Supreme Court ruled Monday.
The majority ruling reverses a Friday opinion from the Michigan Court of Appeals, which said there was no valid reason not to remove Kennedy's name from the ballot, as Kennedy requested when he suspended his campaign and endorsed former Republican President Donald Trump.
Kennedy "has not shown an entitlement to this extraordinary relief," the court's order said.
The ruling is seen as a potential boost to Democratic Vice President Kamala Harris at the expense of Trump, on the theory that if Kennedy's name was not on the ballot, some of those who were aware of his endorsement might be more likely to cast their ballots for Trump.
Michigan is a key battleground state in the presidential election. With polls showing a close race between Trump and Harris, minor party and independent candidates could have an impact.
Because of the way the court issued its unsigned order, it is not possible to say whether the majority ruling was 5-2 or 4-3. The orders only show that Justice Elizabeth Welch, a Democratic nominee, wrote a separate concurring comment and Justices Brian Zahra and David Viviano, both Republican nominees, wrote dissenting comments.
Democratic nominees hold a 4-3 edge on the court, which is part of the nonpartisan ballot but whose justices are nominated at state conventions by political parties.
The ruling allows clerks to finalize the ballot with both Kennedy's name and independent candidate Cornel West remaining on the ballot, along with other presidential candidates, after the Michigan Supreme Court on Monday refused to overturn another Michigan Court of Appeals ruling in the West case .
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In her concurring comments, Welch said she disagreed with the Court of Appeals finding that a section of state law barring certain candidates from withdrawing from the ballot did not apply to candidates for president. Welch also disagreed with the Court of Appeals finding that foot-dragging by Kennedy in filing his appeals had not undermined his case.
"When plaintiff made his request, defendant faced a deadline for ballot printing that was two weeks away," Welch wrote.
In their dissenting comments, Zahra and Viviano said "no provision in law" supports Democratic Secretary of State Jocelyn Benson's rejection of Kennedy's request to remove his name from the ballot.
"Now countless Michigan voters may be deluded and deceived into casting their ballots for a candidate who has no intention to hold the office," the dissenting justices wrote.
Andy Silk, who owns a Saginaw-area clothing store and had planned to vote for Kennedy, said Monday he was disappointed that Kennedy withdrew from the presidential race but agreed that he had no route to victory.
Silk, a former longtime Democrat, said he's now undecided about how to cast his ballot but is leaning toward following Kennedy's urging and voting for Trump. He said he is hopeful Kennedy, whose ideas he mostly supports, will find a position in a Trump administration, possibly as secretary of health and human services.
On Friday, the Michigan Court of Appeals ruled that Kennedy's name should be removed from the presidential ballot, as Kennedy had requested, overturning earlier decisions by a lower court judge and the Michigan Department of State.
Benson "had no basis to deny (Kennedy's) request to withdraw his name from the ballot," said a three-judge panel of the Michigan Court of Appeals .
Kennedy, 70, suspended his independent bid for president on Aug. 23 and endorsed Trump . In several battleground states the Kennedy campaign moved to be taken off the ballot, in an apparent effort to not take votes away from Trump.
The Court of Appeals ruled Friday that a section of state law cited by Benson in denying Kennedy's withdrawal request applies only to candidates for state office, not to presidential candidates such as Kennedy.
Friday's opinion overturned an earlier ruling in the Michigan Court of Claims, where Judge Christopher Yates ruled Tuesday that minor party presidential candidates cannot withdraw from the ballot . Kennedy had qualified for the presidential ballot in Michigan after being nominated by the Natural Law Party, and the deadline for minor political parties to hold nominating conventions has already passed.
Benson's officials noted the Natural Law Party opposed Kennedy's withdrawal and said removing his name would unfairly deprive the party of a candidate.
Kennedy, the son of the late Robert F. Kennedy, a Democratic presidential candidate, and the nephew of the late John F. Kennedy, a Democratic president, said he sent a withdrawal notice to the state on Aug. 23, but it was denied.
Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on X, @paulegan4.
This article originally appeared on Detroit Free Press: Robert F. Kennedy Jr.'s name to appear on Michigan presidential ballot, in blow to Trump
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