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RFK Jr. to Appeal Court Decision That Kept Name on Michigan Ballot

 September 23, 2024

Robert F. Kennedy Jr., former independent presidential candidate, is preparing to appeal a ruling by U.S. District Court Judge Denise Page Hood in Michigan, which mandates that his name remain on the state's presidential ballot for the upcoming Nov. 5 election.

Despite withdrawing from the race to endorse Republican nominee Donald Trump, Kennedy argues that leaving his name on the ballot undermines the electoral process, and his court appeal comes amid mixed outcomes in his efforts to remove his name from presidential ballots in other states, as the Post Millennial reports.

Kennedy's legal challenge centers on Hood's ruling that his name must remain on the ballot due to concerns about disrupting the election process.

Hood, who serves with the U.S. District Court for the Eastern District of Michigan, pointed out that most of the state's ballots had already been printed by the time Kennedy requested his name be removed. Approximately 90% of ballots, including those for military and overseas voters, were already in circulation by Saturday.

Challenges of Ballot Removal Amid Absentee Voting

Hood’s decision emphasized the logistical difficulties of reprinting ballots at this late stage. "Reprinting ballots at this late hour would undoubtedly halt the voting process in Michigan and cause a burden to election officials," Hood stated in her ruling. Michigan has already mailed out ballots to around 16,000 absentee voters, making any reversal of this process complicated and potentially disruptive.

Despite these practical concerns, Kennedy’s legal team, led by attorney Brandon Debus, continues to press forward. While Debus acknowledged the logistical hurdles, he argued that the legal principle behind Kennedy’s request should not be overlooked. He emphasized that the appeal is critical, even if ballots have already been distributed.

Kennedy Claims Constitutional Violation

Kennedy has framed his request to remove his name from the Michigan ballot as a matter of constitutional importance. He claims that forcing him to remain listed as a candidate constitutes "compelled speech," a violation of his First Amendment rights. According to Kennedy, allowing his name to stay on the ballot serves no purpose and only threatens to confuse voters regarding his political stance. He is now a supporter of Donald Trump and insists that the presence of his name could undermine the legitimacy of the election.

Notably, Kennedy's campaign initially sought ballot access in multiple states as an independent candidate. However, after withdrawing from the race and shifting his support to Trump, Kennedy promised to remove his name from presidential ballots in at least 10 battleground states. His goal was to prevent any confusion among voters who might still associate him with an independent bid for the presidency.

Mixed Results in Other States

Kennedy’s efforts to remove his name from presidential ballots have met varying degrees of success. On September 9, the North Carolina Supreme Court ruled in favor of removing Kennedy from the state’s ballot, marking a significant victory for his campaign. The court’s decision, which passed in a 4-3 vote, upheld a previous appeals court ruling that had also supported Kennedy’s request for ballot removal.

However, his attempts have faced setbacks in other key battleground states. In addition to Michigan, Wisconsin also refused to remove Kennedy’s name from its ballot. These mixed outcomes demonstrate the complexity of altering election ballots after they have been printed and distributed to voters, especially as absentee voting becomes more prevalent.

Michigan’s Voting Process Under Pressure

As Kennedy continues his legal battle in Michigan, the state’s election process is already under significant pressure. With absentee ballots already being sent out, election officials face the challenge of maintaining the integrity of the voting process while addressing concerns from candidates like Kennedy. Absentee voters, particularly military and overseas voters, rely on timely ballot access to ensure their votes are counted, and any delays in reprinting or redistributing ballots could affect the entire election timeline.

Michigan is one of several battleground states where Kennedy's presence on the ballot could impact the outcome of the 2024 presidential election. The state, which was narrowly won by Joe Biden in 2020, remains a key focus for both Democrats and Republicans heading into the November election. With Kennedy now supporting Trump, his presence on the ballot could confuse voters, potentially leading to unintended votes for a candidate no longer in the race.

Kennedy’s Broader Political Strategy

Kennedy’s decision to withdraw from the presidential race and endorse Trump represents a significant shift in his political strategy. Initially positioning himself as an independent candidate, Kennedy aimed to attract voters disillusioned with both major parties. However, his endorsement of Trump marks a clear alignment with the Republican Party’s efforts to unseat Democratic incumbent Joe Biden.

This endorsement has complicated his relationship with former supporters, many of whom saw Kennedy as a viable alternative to both major party candidates. Now, with his name still appearing on ballots in states like Michigan, Kennedy faces the challenge of clarifying his political stance to avoid splitting the vote in a tightly contested election.

Looking Ahead

As Kennedy prepares his appeal, the broader implications of his legal battle in Michigan remain uncertain. While Judge Hood’s ruling emphasizes the practical difficulties of altering the ballot at this stage, Kennedy’s campaign is focused on the constitutional implications of forcing a candidate to remain on the ballot against their will.

Kennedy's lawyer, Brandon Debus, reiterated the importance of the case from a legal perspective, acknowledging the practical challenges but stressing that Kennedy's right to remove his name should be respected. Kennedy, in turn, insists that keeping his name on the ballot could "undermine the integrity of the election."

Conclusion

Robert F. Kennedy Jr. is challenging a Michigan court ruling that requires his name to remain on the state’s presidential ballot, despite his withdrawal from the race.

Citing constitutional concerns and compelled speech, Kennedy has already seen success in North Carolina but faces ongoing obstacles in other states like Michigan and Wisconsin.

With absentee ballots already distributed to thousands of voters, the practical difficulties of reprinting ballots loom large, yet Kennedy remains determined to pursue his appeal and remove his name from the ballot in key battleground states.