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Wisconsin Supreme Court says Robert F. Kennedy Jr.'s name will remain on state's 2024 ballot

The Wisconsin Supreme Court has ruled that Robert F. Kennedy, Jr.'s name will remain on the state's 2024 ballot, marking the latest twist in the candidate's quest to get his name off ballots in swing states where the presidential race is tight.

Associated Press

September 27, 2024

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Robert F. Kennedy, Jr. gestures with his left hand while standing and speaking into a microphone.

Robert F. Kennedy, Jr., speaks before Republican presidential nominee former President Donald Trump at a campaign event on Sept. 27, 2024 in Walker, Michigan. (Credit: AP Photo / Carlos Osorio)


AP News

By Scott Bauer and Todd Richmond, AP

MADISON, Wis. (AP) — The Wisconsin Supreme Court ruled Sept. 27 that Robert F. Kennedy Jr.’s name will remain on the state’s presidential ballot, upholding a lower court’s ruling that candidates can only be removed from the ballot if they die.

The decision from the liberal-controlled court marks the latest twist in Kennedy’s quest to get his name off ballots in key battleground states where the race between Republican Donald Trump and Democratic nominee Kamala Harris is close. Kennedy’s attorney in Wisconsin, Joseph Bugni, declined to comment on the ruling.

The decision came after more than 418,000 absentee ballots have already been sent to voters. As of Sept. 26, nearly 28,000 had been returned, according to the Wisconsin Elections Commission.

Kennedy suspended his campaign in August and endorsed Trump. Earlier in September, a divided North Carolina Supreme Court kept him off the ballot there while the Michigan Supreme Court reversed a lower court decision and kept him on.

Kennedy filed a lawsuit in Wisconsin on Sept. 3 seeking a court order removing him from the ballot. He argued that third-party candidates are discriminated against because state law treats them differently than Republicans and Democrats running for president.

He pointed out that Republicans and Democrats have until 5 p.m. on the first Tuesday in September before an election to certify their presidential nominee but that independent candidates like himself can only withdraw before an Aug. 6 deadline for submitting nomination papers.

Dane County Circuit Judge Stephen Ehlke ruled Sept. 16 that Wisconsin law clearly states that once candidates file valid nomination papers, they remain on the ballot unless they die. The judge added that many election clerks had already sent ballots out for printing with Kennedy’s name on them. Clerks had until Sept. 26 to get ballots to voters who had requested them.

Kennedy’s attorneys had said that clerks could cover his name with stickers, the standard practice when a candidate dies. Ehlke rejected that idea, saying it would be a logistical nightmare for clerks and that it is not clear whether the stickers would gum up tabulating machines. He also predicted lawsuits if clerks failed to completely cover Kennedy’s name or failed to affix a sticker on some number of ballots.

The presence of independent and third-party candidates on the ballot could be a key factor in Wisconsin, where four of the past six presidential elections have been decided by between about 5,700 to 23,000 votes.

In 2016, Green Party nominee Jill Stein got just over 31,000 votes in Wisconsin — more than Trump’s winning margin of just under 23,000 votes. Some Democrats blamed her for helping Trump win the state and the presidency that year.


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