LANSING, Mich. (Michigan News Source) – Republican gubernatorial candidate Ryan Kelley’s name will still appear on the August 2nd primary ballot and his votes will be counted.

Oakland County resident and retired attorney Lee Estes, with the financial backing of liberal group Progress Michigan, had tried to boot Kelley off the ballot with a lawsuit accusing him of being an insurrectionist but the Michigan Appeals Court rejected his request on Thursday.

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Estes’ attorney in the case was Mark Brewer, former chairman of the Michigan Democratic Party.

Estes wanted Kelley declared ineligible because of his attendance at the 2021 riot at the U.S. Capitol on January 6th which resulted in Kelley facing misdemeanor charges of entering or remaining in a restricted building or grounds without lawful authority; disorderly and disruptive conduct; knowingly engaging in an act of physical violence against a person or property; and willfully injuring property.

The case has not gone to trial yet and Kelley has not been convicted of any of the charges.

Estes’ suit said that Kelley “has violated the Insurrection Clause” and called him a “clear and present danger to democracy in Michigan” – but the Michigan Appeals Court said in a 3-0 decision that Kelley hadn’t been convicted of his charges and that the suit was filed too close to the election.

It was rejected on procedural grounds.

The language in the order reads “We must deny plaintiff’s complaint because it did not speedily request relief, where he commenced his complaint fewer than 28 days before the August 2, 2022 primary election” and stated “plaintiff has failed to show that he is entitled to the extra ordinary remedy of mandamus before it has been proven whether candidate Ryan Kelley violated the Insurrection Clause.”

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The court decision also stated “We express no opinion whether Kelly engaged in ‘insurrection or rebellion’ or whether Kelley is qualified to serve as a gubernatorial candidate as a result.”

Lonnie Scott, Executive Director of Progress Michigan, tweeted, “We’re reviewing options and will likely have more to say at a later time, but it’s clear the court rejected not on merits, only on procedural grounds.”

Kelley released a statement about the court victory. He said, “As expected, the court of appeals rejected a lawsuit by a radical left organization aimed at keeping me off the ballot in August and November.

It’s just another example of the radical left interfering with our election process through political gamesmanship, distraction, lies and manipulation.”

The latest MIRS-commissioned poll conducted by Mitchell Research & Communications on July 17th
& 18th shows Kelley polling at 15% in a tightening race with Dixon and Rinke ahead of him.