Wisconsin Supreme Court Says RFK Jr. Will Remain on Ballot
The Wisconsin Supreme Court issued a ruling late Thursday evening denying Robert F. Kennedy Jr’s request to be removed from the state’s general election ballot.
The erstwhile presidential candidate officially dropped out of the race in late August and subsequently endorsed former President Donald Trump, saying that he would try to have his name removed from ballots in swing states, so as not to siphon votes away from Trump.
Wisconsin stands to be one of the most influential swing states this election year.
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His effort in Wisconsin ultimately failed, after the state’s highest court unanimously upheld a lower court’s ruling that he must remain on the state’s ballot.
“We conclude that Kennedy has failed to satisfy his burden of demonstrating an erroneous exercise of discretion,” the court wrote. “We emphasize that we are not making any legal determinations on our own regarding the claims made by Kennedy and we are not agreeing with the circuit court’s legal conclusions on those claims. We simply are unable to make such determinations, given the inadequate briefing presented to us.”
Previous update, Sept. 20:
The Wisconsin Supreme Court will decide if erstwhile presidential candidate Robert F. Kennedy Jr. should remain on the state’s ballot in November. The state’s highest court granted a request on Friday from the Wisconsin Elections Commission (WEC) to weigh in on if Kennedy’s name should be removed from state’s ballots, per his request.
A ruling from the court should come relatively quick, as Thursday was the deadline in Wisconsin to send out absentee ballots. Kennedy withdrew from the presidential race on Aug. 23 and subsequently endorsed former President Donald Trump, vowing to get himself removed from the ballot in swing states.
Kennedy filed a lawsuit in circuit court on Sept. 3 to have his name removed from the ballot, which was denied. He appealed the decision to the Wisconsin Court of Appeals, but the WEC filed a petition to bypass the appeals court and have the Wisconsin Supreme Court weigh in.
Previous update, Sept. 19
The Wisconsin Elections Commission (WEC) is asking the state’s highest court to determine whether Robert F. Kennedy, Jr.’s name should be removed from Wisconsin’s November ballots as a presidential candidate, in a bid to expedite the case so election officials can prepare for the upcoming race.
In a filing Thursday, WEC, which enforces Wisconsin’s election laws, asked the majority-liberal Wisconsin Supreme Court to bypass the appeals court, where Kennedy’s case is pending, and hear the case directly.
At issue is whether the lower circuit court erred when it denied a request from the third-party candidate, who withdrew from the race on Aug. 23, to have his name removed from Wisconsin ballots, which WEC says “would have required election clerks to reprint or hand-affix stickers to four million Wisconsin ballots to remove Kennedy’s name.”
This question, WEC says, “justifies prompt, final resolution by this Court: it is highly time sensitive and hugely consequential for the people of Wisconsin.”
Previous update, Sept. 18
Wisconsin’s 2nd District Court of Appeals will hear Robert F. Kennedy, Jr.’s case to be removed from the state’s November ballots as a presidential candidate, a three-judge panel ruled on Wednesday.
Lawyers for the WEC told the court that some municipal clerks have already sent out absentee ballots bearing Kennedy’s name on them, according to reporting from Wisconsin’s WKOW.
When Kennedy dropped out of the presidential race in August and endorsed former president Donald Trump, he said that he would try to have his name removed from the ballot in battleground states. On Sept. 3, he filed a lawsuit to have his name removed from Wisconsin’s ballot, but a circuit court judge denied the request. Kennedy subsequently appealed the ruling to the Wisconsin Court of Appeals, who agreed to hear his case. Because it’s so close to the election, and Thursday is the deadline to send out absentee ballots, Kennedy has to file a brief by 11 a.m. on Thursday and the Wisconsin Elections Commission (WEC) has until Friday at 11 a.m. to respond to Kennedy’s brief. Kennedy’s reply to WEC’s brief is due by Friday at 4 p.m.
Kennedy’s efforts to have his name removed from other state ballots has been mixed so far. The North Carolina State Board of Elections announced last week that they will send out absentee ballots without Kennedy’s name on it. But a federal judge ruled this today that Kennedy’s name will remain on Michigan’s ballot.