(Source: MIRS.news, Published 09/03/2024) A Court of Claims judge Tuesday quickly quashed former presidential candidate Robert F. Kennedy Jr.’s request to force the Bureau of Elections from keeping his name on the Nov. 5 ballot.

Judge Christopher Yates upheld Democratic Secretary of State Jocelyn Benson’s rejection of Kennedy’s request to withdraw from the ballot, holding she “acted well within the bounds of law” in denying the “11th-hour change of heart” request.

“Elections are not just games, and the Secretary of State (SOS) is not obligated to honor the whims of candidates for public office,” wrote Yates, a Democratic Gov. Gretchen Whitmer appointee.

Attorney General Dana Nessel said state law is unambiguous and the SOS made “the correct decision.” Reiterating Yates' words, Nessel noted that "our free and fair administration of elections demands our adherence to the law. The law does not apply less because a candidate changes their plans. I appreciate the Court making a quick and wise ruling on this matter.”

Kennedy, a lifelong Democrat turned independent, was nominated by the Natural Law Party as its Michigan candidate for the 2024 General Election, but he withdrew in August and endorsed Republican nominee and former president Donald J. TRUMP, saying he no longer believed he had “a realistic path of electoral victory in the face of this relentless, systematic censorship and media control.”

Kennedy’s attorneys, Eric Esshaki, of Troy, and New York’s Siri & Glimstad law firm, asked that the court hear their arguments on an expedited basis, arguing in part that including Kennedy’s name on the ballot “against his wishes violates his right to free speech” under Michigan’s Constitution.

“An election could be drastically changed, and the electorate’s votes diminished and rendered invalid, if the Michigan Bureau of Elections places a name on a ballot for an individual that withdrew as a candidate,” the complaint reads.

According to the complaint, Kennedy sent the BOE a letter to withdraw his candidacy, but the BOE responded on Aug. 26 that “we cannot accept this filing” because “Michigan Election Law does not permit minor party candidates to withdraw.” A second attempt to withdraw also was rejected.

Kennedy’s complaint claims that the statute, MCL 168.686a(2), doesn’t apply to presidential candidates, but rather to Congress, state Senator and U.S. Representative.

Yates rejected the plaintiff’s argument, holding the statute’s language is “clear and conclusive.”

The statute dictates that once a candidate’s nomination has been certified, “the name of the candidate shall be printed on the ballot for that election. Candidates nominated and certified shall not be permitted to withdraw.”

Doug Dern, a Livingston County attorney and chair of the Michigan Natural Law Party, wrote a letter to Nessel opposing Kennedy’s withdrawal. 

Dern said Yates “got it right” and he’s pleased that the judge did not grant Kennedy’s request because doing so would jeopardize the party’s appearance on future ballots since it needs to win at least 1 percent of the total number of votes cast to re-qualify for future elections.

When asked what he thought of Kennedy’s suit, Dern told MIRS: “It’s bullshit. He gave us his word he wanted to run for president. His people called us early, like February, they wanted the nomination.”

Dern, who is the NLP’s U.S. Senate candidate, said the NLP moved up its typically-held July convention to accommodate Kennedy’s request and he now feels “betrayed” and “used” by Kennedy.

“He doesn’t even know what he wants,” Dern said about Kennedy. “In my opinion, his actions are very selfish. I’m not happy with it. I think it will be detrimental to the Natural Law Party.”