Robert F. Kennedy Jr. asked the Supreme Court on Friday to take his name off the Michigan ballot with just over a week until Election Day.
He said that Michigan Secretary of State Jocelyn Benson violated his constitutional rights by putting his name back on the ballot after he petitioned to withdraw from the presidential race on Aug. 23. According to his court filings, the statutory deadline was Sept. 6.
“Despite a clear lack of authority, Secretary Benson recertified Mr. Kennedy as a candidate for President of the United States on the Michigan ballot. Secretary Benson’s conduct is unprecedented,” he is court documents.
The issue was fought in Michigan courts. The state’s highest court ruled that he was not permitted to withdraw.
His request went to Justice Brett M. Kavanaugh, who reviews filings out of the 6th U.S. Circuit Court of Appeals that includes Michigan.
It comes just two days after he also petitioned the high court over being removed from Wisconsin’s ballot.
Mr. Kennedy’s lawyers said Wisconsin allows major party candidates a month to get on or off a ballot that is not afforded to independent third-party candidates.
Mr. Kennedy has sought to be removed from the ballot since Aug. 23 to no avail.
Mr. Kennedy’s lawyers asked the justices, specifically Justice Amy Coney Barrett, who oversees requests out of the 7th U.S. Circuit Court of Appeals where Wisconsin is located, to potentially take the case on expedited review to determine whether leaving someone’s name on a ballot against runs afoul of the First Amendment.
The Supreme Court previously refused to intervene in Mr. Kennedy’s request to be reinstated on New York’s ballot after it refused to put him on over questions related to his residency.
When Mr. Kennedy suspended his presidential campaign and endorsed Mr. Trump, he said he would try to get off the ballots in battleground states so as not to hurt Mr. Trump’s chances of winning the White House.
He’s been successful in removing his name from elections in other critical swing states.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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