The judge ruled that Wisconsin statutes indicate that once a candidate files valid nomination papers, they must remain on the ballot unless they die.
A Wisconsin judge has rejected former independent presidential candidate Robert F. Kennedy Jr.’s request to have his name removed from the state’s general election ballot, opening the door for a possible appeal.
In an oral ruling on Sept. 16, Dane County Circuit Judge Stephen Ehlke denied Kennedy’s motion for a temporary injunction that would have removed his name from the Wisconsin ballot.
Kennedy withdrew from the presidential race at the end of August, endorsing former President Donald Trump and seeking to have his name removed from the ballot in key battleground states so as not to split the conservative vote. The presence of independent and third-party candidates could be significant in Wisconsin, where four of the past six presidential elections were decided by narrow margins ranging from about 5,700 to 23,000 votes.
After the Wisconsin election commission voted to keep Kennedy on the ballot despite his request to be removed, he filed a lawsuit in early September, alleging discrimination. His attorneys claimed that major-party candidates were subject to a “different playbook” from the one for independent or third-party candidates such as Kennedy, who faced a tighter deadline to pull their nominations.
Kennedy’s attorneys pointed out that Republicans and Democrats had until 5 p.m. on the first Tuesday of September to withdraw their presidential nominees from the ballot, while independent candidates could withdraw only by an Aug. 6 deadline for submitting nomination papers.
In denying Kennedy’s request, the judge ruled that Wisconsin statutes clearly indicate that once a candidate files valid nomination papers, that candidate must remain on the ballot unless he or she dies.
Ehlke said during the proceedings that many county clerks had already sent out ballots for printing with Kennedy’s name ahead of a looming deadline. County clerks must deliver ballots to municipal clerks by Sept. 18, as absentee ballots must be mailed by Sept. 19.
Kennedy’s attorneys suggested that clerks could cover his name with stickers, but the judge rejected the idea, citing logistical challenges and the risk that stickers would interfere with the operation of ballot-counting machines. He also warned that errors in covering names could lead to potential legal disputes.
In hopes of expediting a possible appeal in case of an unfavorable ruling by Ehlke, Kennedy’s attorneys had asked the Second District Court of Appeals to take the case days before the ruling by the Dane County Circuit Court. The appeals court had been waiting for the ruling before deciding whether to take the case, with online court records not indicating any immediate action from the appeals court following the ruling.
A request for comment sent to Kennedy’s campaign was not returned by publication time.
The ruling is the latest chapter in Kennedy’s efforts to withdraw from ballots in key swing states, where the competition between Trump and the Democratic nominee, Vice President Kamala Harris, remains tight.
After Kennedy announced his withdrawal in late August, his campaign stated that voters in noncompetitive states should continue supporting him, while in battleground states such as Wisconsin, Kennedy sought to avoid splitting the conservative vote.
“In about 10 battleground states where my presence would be a spoiler, I will remove my name and urge voters not to vote for me,” he said.
Kennedy also lost his bid to be removed from the ballot in Michigan, where the state Supreme Court denied his request in a 5–2 ruling. In North Carolina, however, Kennedy won the legal battle to have his name pulled from the ballot, with the state’s top court finding that, although there would be a cost to reprinting ballots, leaving him on would harm voters’ rights by creating confusion.