Court of Appeals Judge Eric Clay wrote that Kennedy “failed to explain how to ring the bell at this point without causing substantial harm to voting rights and the public’s interest in fair and effective election administration.”

Kennedy told the Supreme Court that by not removing him from the ballot, Michigan “misrepresented to voters that Mr. Kennedy is qualified and willing to serve the people if elected.”

He also argued that Benson did not have the authority to reconfirm him as the nominee because a Michigan Supreme Court ruling that he was not allowed to recuse himself did not direct him to do so.

“Michigan law does not provide for recertification of the slate after the expiration of the statutory deadline,” his lawyers told the court.