MADISON, Wis. — A judge denied Robert F. Kennedy’s request Monday to erase his name from the presidential ballot in swing state Wisconsin, ruling that state law requires candidates to remain on the ballot unless they die.
Dane County Circuit Judge Stephen Ehlke’s decision marks the latest twist in Kennedy’s push to remove himself from ballots in key battleground states where the race between Republican Donald Trump and Democratic nominee Kamala Harris is tight.
Kennedy suspended his campaign in August and endorsed Trump. Kennedy said he would try to get his name removed from ballots in battleground states while telling his supporters that they could continue to back him in the majority of states where they are unlikely to sway the outcome.
Kennedy won a court order in North Carolina earlier this month to remove his name from ballots there. Michigan’s Supreme Court ruled last week that he’ll remain on that state’s ballot, however.
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 Republicans and Democrats running for president differently.
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 independent candidates like himself can only withdraw before the Aug. 6 deadline for submitting nomination papers.
Ehlke denied Kennedy’s request in no uncertain terms. He ruled that Wisconsin statutes clearly state that once candidates file valid nomination papers they will remain on the ballot unless they die.
“The statute is plain on its face,” the judge said.
Ehlke went on to note that many county clerks have already sent out ballots for printing ahead of Wednesday’s deadline with Kennedy’s name on them.
Kennedy’s attorneys had suggested the clerks cover his name with stickers, the standard practice when a candidate dies. The judge rejected that idea, calling it a logistical nightmare and questioning whether the stickers would gum up tabulating machines. He also noted there could be opportunities for litigation if clerks failed to cover his name on any number of ballots.
“Mr. Kennedy has no one to blame but himself if he didn’t want to be on the ballot,” Ehlke said.
Kennedy’s attorneys took the unusual step of asking a state appellate court to take the case days before Ehlke ruled in hopes of expediting an appellate ruling. The 2nd District Court of Appeals has been waiting for Ehlke’s ruling before deciding whether to take the case. Online court records didn’t indicate any immediate action from the appellate court after the ruling.
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 5,700 votes and about 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 have blamed her for helping Trump win the state and the presidency that year.
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Associated Press writer Scott Bauer in Madison contributed to this report.
A Wisconsin judge has made the decision to keep Robert F. Kennedy Jr.’s name on the ballot for the upcoming election. The ruling comes after a challenge was brought forth questioning Kennedy’s eligibility to run for office.
Kennedy, the son of former U.S. Senator and Attorney General Robert F. Kennedy, is running for a seat on the Wisconsin Supreme Court. However, his candidacy was called into question when it was revealed that he had signed a recall petition against Governor Tony Evers in 2019.
The challenge argued that by signing the petition, Kennedy had violated a state law that prohibits candidates for judicial office from engaging in political activity. However, Judge Stephen Ehlke ruled that Kennedy’s actions did not constitute a violation of the law.
In his decision, Judge Ehlke stated that while signing a recall petition is a political act, it does not rise to the level of engaging in political activity as defined by the statute. He also noted that Kennedy’s actions occurred before he officially declared his candidacy for the Supreme Court.
Kennedy’s campaign hailed the decision as a victory for democracy and praised the judge for upholding the rights of all candidates to participate in the electoral process. They also emphasized Kennedy’s qualifications and commitment to upholding the rule of law.
The ruling allows Kennedy to continue his campaign for the Supreme Court seat, where he will face off against incumbent Justice Brian Hagedorn. The election is set to take place on April 5th, and voters will have the final say on who will serve on the state’s highest court.
Overall, the decision to keep Robert F. Kennedy Jr.’s name on the ballot is a significant development in the Wisconsin Supreme Court race. It ensures that voters will have a choice in selecting their next justice and highlights the importance of upholding democratic principles in the electoral process.
