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Michigan elections FAQ: Why RFK Jr. is on ballot despite dropping out

Robert F. Kennedy Jr. speaking into a microphone
Michigan law prevents minor party candidates from withdrawing after the primary, so Robert F. Kennedy Jr.'s name will stay on the ballot, according to the Secretary of State’s office. (Shutterstock photo by Juli Hansen)
  • Robert F. Kennedy Jr. dropped his third-party presidential bid to support Trump, but his name remains on Michigan's ballot
  • Despite Kennedy's decision, the Natural Law Party needs him to stay on the ballot to maintain future ballot access 
  • It’s unclear which of the major party candidates will benefit most from Kennedy’s decision to drop out

Michigan voters may have heard that environmental and anti-vaccine activist Robert F. Kennedy Jr. dropped his third-party bid for president last week, throwing his support behind former President Donald Trump.

But when Michigan voters get their absentee ballots or go to cast an in-person vote, they’ll still see his name as the Natural Law Party’s candidate.

Why? Bridge Michigan is answering that question as part of our Michigan elections FAQ series, which includes a weekly live video show and written responses. Ask your question here.

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Kennedy will remain on the Michigan ballot because state election law doesn’t allow candidates to remove their names once a party has nominated them and it’s after the primary.

“Minor party candidates cannot withdraw, so his name will remain on the ballot in the November election,” Cheri Hardmon, spokesperson for Secretary of State Jocelyn Benson, said in an email to Bridge Michigan.

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In some polls, Kennedy was getting more than 20% of support in Michigan, though his support had dwindled to single-digits more recently.

Early polling showed Kennedy taking votes from both Trump and Vice President Kamala Harris (and earlier, President Joe Biden). But more recent surveys did not clearly show which candidate might benefit from his removal from the race.

In an August New York Times poll of Michigan, Harris was 2 percentage points above Trump both in a head-to-head matchup and when pollsters included Kennedy among the options.

For now, barring a successful court challenge to remove his name, should Kennedy launch one, the son of former U.S. Attorney General Robert F. Kennedy and nephew of former President John F. Kennedy — both Democrats — will be on the Michigan ballot.

That’s not where he wants to be though. 

In dropping out last week, Kennedy appeared with Trump and asked supporters in battleground states like Michigan to back the Republican nominee. And his campaign has said he wants his name removed from the ballot in those key states, like Michigan, Pennsylvania and Arizona.

But Michigan officials, like those in fellow swing states Nevada and Wisconsin, have said his name will remain on the ballot.

Hardmon said that because the Natural Law Party had already selected the would-be electoral college “electors” should Kennedy win, his name remains on the ballot.

“(The party) cannot meet at this point to select new electors since it's past the primary,” she said.

Should Kennedy’s campaign ask the courts to remove his name, the Natural Law Party will not support him, state party chair Doug Dern told Bridge. 

Dern said Kennedy’s removal from the November ballot “would hurt the party” because to maintain a regular slot on the ballot, minor parties must get enough votes that it equal 1% of the total votes that the last successful candidate for Michigan Secretary of State got in their last election.

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So, since Democrat Jocelyn Benson got 2,467,859 votes in 2022 (beating GOP candidate Kristina Karamo by a whopping 615,000 votes), Kennedy needs to get 24,679 votes to keep the Natural Law Party on the next ballot.

Dern figured Kennedy would be a boon to the party, which last had a prominent candidate when activist Ralph Nader ran under their banner in 2008.

“The (Natural Law Party) has been under the radar for decades, and (Kennedy) has brought us national attention,” Dern said in an email exchange with Bridge.

“He wants to leave to go support the two party system, (and that) goes against the very reason he was our candidate to begin with. If he comes off it weakens our chances to maintain ballot access.”

Formed in 1992, the Natural Law Party has advocated that most problems can be solved with Transcendental Meditation and science-based solutions.

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