Policy

Republican lawmakers propose changing law to allow state and federal candidates to get off the ballot in Wisconsin

Republican lawmakers in Wisconsin want to change state law to allow candidates to remove their names from the ballot, which would address an issue that arose after Robert F. Kennedy Jr. wanted to get off the 2024 presidential ballot in the state but wasn't legally able to do so.

Associated Press

January 21, 2025

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Robert F. Kennedy Jr. points with his right index finger while standing and speaking into a microphone, with out-of-focus people standing in the background.

Robert F. Kennedy Jr., speaks at a Trump campaign rally on Nov. 1, 2024, in Milwaukee. (Credit: AP Photo / Morry Gash)


AP News

By Scott Bauer, AP

MADISON, Wis. (AP) — Republican lawmakers in battleground state Wisconsin want to change state law to allow candidates to remove their names from the ballot, addressing an issue that arose after Robert F. Kennedy Jr. tried to get off the presidential ballot in 2024 but couldn’t.

Kennedy wanted to rescind his name from the ballot in Wisconsin and six other swing states after dropping his independent bid in late August and endorsing Republican Donald Trump in the tight contest. Kennedy did not fight for removal in most states where the presidential race was not competitive.

Kennedy successfully removed his name from the ballot in the swing states of Pennsylvania, Georgia, North Carolina, Arizona and Nevada. But he remained on the ballot in Michigan because courts there said he made his request too late. And he stayed on in Wisconsin because, under state law, the only way a certified candidate can be removed from the ballot is if they die.

Wisconsin’s law for removal is one of the most restrictive in the country, according to the National Conference of State Legislatures.

Kennedy took his fight to get off the ballot in Wisconsin and Michigan to the U.S. Supreme Court, but his emergency request was rejected without comment. His request came after early voting had begun in both states.

A pair of Republican lawmakers in Wisconsin on Jan. 21 circulated a bill for co-sponsorship that would change state law so candidates for state and federal offices could rescind their names from the ballot. However, it would not apply to major party candidates for president because of the unique ways in which they are selected, the bill co-sponsors said.

Under the proposal, a candidate could withdraw their candidacy by submitting a sworn statement to the Wisconsin Elections Commission and paying a nominal fee.

To become law, the bill would have to be approved by the Republican-controlled Legislature and signed into law by Democratic Gov. Tony Evers. His spokesperson did not return a message seeking comment on the measure.

Trump won in Wisconsin and Michigan despite Kennedy remaining on the ballot. The number of votes Kennedy got in each state was less than Trump’s margin of victory.

In Wisconsin, Kennedy got fewer than 18,000 votes, or about 0.5% of the vote total. In Michigan, he got about 27,000 votes, also roughly 0.5% of the total. Trump won Wisconsin by about 29,000 votes and he won Michigan by about 80,000 votes.

Trump has nominated Kennedy to lead the Department of Health and Human Services.


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