RFK Jr. asks Supreme Court to force Michigan to remove his name from the swing state's ballot

By 
 October 26, 2024

When Robert F. Kennedy Jr. suspended his independent presidential campaign and endorsed former President Donald Trump, he sought to remove his name from the ballot in certain swing states, only for some Democrat-led states to deny that request and insist that he remain on the ballot.

One such state is Michigan, and Kennedy has now asked the U.S. Supreme Court to intervene and force that state to strike his name from its ballots before next month's election, according to the Washington Examiner.

The petition comes just days after Kennedy filed a similar request with the high court to have his name removed from Wisconsin's ballot. Given the close proximity of the election—ballots have already been printed, and early voting has already started—and the Supreme Court's prior rejection of his request last month to remain on New York's ballot, Kennedy's chances of success are likely slim.

Kennedy wants off the Michigan ballot

The Michigan Advance reported that Kennedy suspended his campaign and endorsed former President Trump in late August, at which point he launched an effort to remove his name from the ballot in swing states like Michigan, so as not to detract from potential votes for Trump and be a "spoiler" in what will likely be a close race.

However, just a few days later, Michigan Secretary of State Jocelyn Benson denied Kennedy's request, and the former Democrat-turned-independent candidate lost his battle in state court to compel Benson to remove his name that had been kept on the ballot against his will.

Kennedy lost his fight against Benson in a Michigan Court of Claims, then won at the state's Court of Appeals, only for that decision to then be overturned by the Michigan Supreme Court

"Allowing Secretary Benson’s unlawful conduct to stand without any recourse not only has dire consequences related to the November 2024 election, but also opens the floodgates for Secretaries of State across the United States to have unfettered authority to violate the law," Kennedy's filing with the Supreme Court on Friday stated.

Unfortunately for Kennedy, the Advance noted that ballots featuring his name as a presidential candidate were certified and printed long ago and more than 1.4 million absentee and early in-person votes have already been cast in Michigan, which makes unclear what, if anything, the Supreme Court could do to rectify the situation at this late date if the court takes up his emergency petition, much less if a majority of the justices rule in his favor.

Similar removal request filed for Wisconsin ballots

Earlier in the week, USA Today reported that Kennedy filed a similar emergency petition with the Supreme Court to have his name removed from Wisconsin's ballot, as that state's courts had also ruled that he must remain on the ballot despite his objections, the suspension of his campaign, and his prior request for removal in August.

There, the courts ruled that death was the only way that Kennedy could be removed from the ballot as a candidate, given that he'd missed a filing deadline to officially end his independent candidacy in that state.

Kennedy argued that he has been treated unfairly, however, in that major party candidates had until early September to remove their names from the ballot while the deadline for minor party and independent candidates came a month earlier in early August, before he suspended his campaign and endorsed former President Trump.

Like in Michigan, USA Today noted that "hundreds of thousands" of ballots were printed and mailed out weeks earlier and early voting in Wisconsin already began earlier this week.

SCOTUS already rejected one of Kennedy's ballot access petitions last month

With barely more than a week to go until the election, and with voting having already begun in most states, it seems like it is too late for the Supreme Court to do anything to help Kennedy without causing massive disruptions and likely voter disenfranchisement by forcing a ballot change at such a late date.

Furthermore, as SCOTUSblog reported last month, the Supreme Court already denied one emergency petition from Kennedy to have his name reinstated on New York's ballot after it was removed in response to a complaint from a Democrat-aligned activist group over a technicality regarding the address listed on his initial submission for ballot access in that state earlier this year.

" A free people [claim] their rights, as derived from the laws of nature."
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