Supreme Court Decides RFK Jr. Stays on Key State Ballots Despite Ending Campaign

 October 30, 2024

In a pivotal decision, the Supreme Court has refused to remove Robert F. Kennedy Jr.'s name from the ballots in Michigan and Wisconsin, despite the suspension of his presidential campaign and endorsement of former President Donald Trump, CNN reported.

The court ruled against Kennedy's request, potentially affecting Trump's support in these crucial battleground states.

Robert F. Kennedy Jr., after suspending his presidential campaign in August, immediately endorsed Donald Trump. Kennedy’s unexpected move raised concerns about vote splitting in critical swing states, leading to his appeal to the Supreme Court.

Kennedy argued that his continued presence on the ballots could inadvertently split the vote in favor of Trump, potentially impacting the election outcome. This prompted his emergency appeal to the nation's highest court to have his name withdrawn from the upcoming ballots.

The Supreme Court, however, declined to entertain his request, stating that early voting and absentee ballot processes were already too far advanced to consider such changes.

Challenges of Removing a Candidate's Name Post-Campaign Suspension

State election officials in Michigan and Wisconsin highlighted the logistical challenges involved in removing Kennedy’s name from the ballots. They argued that with early and absentee voting already in progress, such a change was not feasible.

Michigan officials emphasized the advanced stage of the election, stating, “This election is not merely ‘imminent,’ it is already underway, and voters are already voting.” This situation highlighted the complexities of election logistics once voting has begun.

The Supreme Court issued its decision without a detailed explanation, a common practice for rulings on its emergency docket, leaving room for public and legal debate about the implications of their decision.

Justice Gorsuch's Dissent and First Amendment Concerns

Justice Neil Gorsuch was the lone dissenter in the decision regarding Kennedy’s presence on the Michigan ballot. His dissent highlights the judicial rifts on how election laws should handle such unusual circumstances.

Kennedy's legal team had framed their argument around First Amendment rights, suggesting that forcing him to remain listed as a candidate could mislead voters into believing he was still actively campaigning. This, they argued, infringed on his rights by compelling speech he did not endorse.

Earlier in the year, Kennedy had also attempted to be added to the ballot in New York but was denied. This prior decision contrasted with his later request to be removed from other state ballots, underscoring the inconsistency in ballot access and withdrawal processes across states.

Impact on Voters and the Upcoming Election

According to election officials, over 1.5 million Michigan voters had already returned absentee ballots featuring Kennedy’s name by the time of the Supreme Court's decision. Additionally, 263,000 had participated in early voting.

This significant number of ballots cast before the election day illustrates the potential impact of Kennedy's name remaining on the ballot. It raises questions about voter awareness and the timing of campaign changes close to an election.

The decision to keep Kennedy on the ballot, despite his own wishes and the possible electoral implications, marks a significant moment in this election cycle, reflecting the complex interplay of legal standards, candidate rights, and voter expectations.

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