A federal judge rejected Wednesday a request from former independent candidate Robert F. Kennedy Jr. to intervene in the printing of Michigan’s ballots and have his name removed as the presidential nominee of the Natural Law Party.
In an 18-page order, Judge Denise Page Hood of Michigan’s Eastern District dealt the latest blow to Kennedy’s bid to have his name taken off the ballot in the battleground state. Kennedy suspended his campaign and endorsed Republican Donald Trump on Aug. 23.
Hood wrote that Kennedy was “asking the court to interrupt the election process because he no longer wants to participate.”
“Reprinting ballots at this late hour would undoubtedly halt the voting process in Michigan and cause a burden to election officials,” Hood wrote, three days before ballots must be available to send to military and overseas voters.
On Sept. 9, the Michigan Supreme Court ruled Kennedy should remain on the state’s ballot this fall.
Kennedy, who had been nominated for president by the Natural Law Party in Michigan in April, wasn’t entitled to the “extraordinary relief” of having the court require his name be removed, with less than two months remaining before Election Day, the Michigan Supreme Court majority wrote in a brief order on Sept. 9.
After that state court decision, Kennedy sued Democratic Secretary of State Jocelyn Benson in federal court on Sept. 11, contending that including his name would violate the U.S. Constitution and would represent “compelled speech.” That outcome would serve “no purpose other than to undermine the integrity of the election for president of the United States,” the lawsuit said.
But Hood, a nominee of Democratic former President Bill Clinton, rejected Kennedy’s arguments and dismissed the case on Wednesday.
Hood wrote that 90% of the ballots in Michigan had already been printed.
“Plaintiff is clearly unhappy with the result of the state litigation and only brought these federal claims when the result did not turn in his favor,” Hood said.
If Kennedy’s name were removed, the Natural Law Party would have no candidate and “risk losing access to the ballot in the next general election.” Minor parties need one of their candidates to get 1% of the votes of the winning secretary of state candidate to keep their automatic ballot access: about 24,700 votes.
“On balance, the harm incurred by defendant, the Natural Law Party and Michigan voters outweighs that felt by plaintiff if he is prohibited from withdrawing,” Hood wrote.
It wasn’t immediately clear Wednesday afternoon if Kennedy planned to appeal.
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