Wisconsin Judge Rules Robert F. Kennedy Jr. to Stay on Presidential Ballot

A judge has decided that Robert F. Kennedy Jr.'s name will stay on the presidential ballot in Wisconsin, despite his efforts to remove it. Dane County Circuit Judge Stephen Ehlke ruled that candidates must remain on the ballot unless they die. This decision is part of Kennedy's broader attempt to withdraw from ballots in key battleground states.

Kennedy suspended his campaign in August and endorsed Trump. He told supporters they could still back him in states where their votes wouldn't affect the outcome. Earlier this month, Kennedy succeeded in removing his name from North Carolina ballots, but Michigan's Supreme Court ruled he would remain on their ballot.

Legal Arguments and Deadlines

Kennedy filed a lawsuit in Wisconsin on September 3, seeking to be removed from the ballot. He argued that state laws discriminate against third-party candidates by giving Republicans and Democrats more time to certify their nominees. According to Kennedy, independent candidates like himself must withdraw before the August 6 deadline for submitting nomination papers.

Judge Ehlke firmly denied Kennedy's request, stating that Wisconsin statutes clearly require candidates who file valid nomination papers to stay on the ballot unless they die. "The statute is plain on its face," Ehlke said. He also noted that many county clerks had already sent out ballots for printing with Kennedy's name included.

Logistical Concerns

Kennedy's attorneys suggested using stickers to cover his name on the ballots, a practice typically used when a candidate dies. However, Judge Ehlke rejected this idea, calling it a logistical nightmare and expressing concerns about potential issues with tabulating machines. He also mentioned the risk of litigation if clerks failed to cover Kennedy's name on some ballots.

"Mr. Kennedy has no one to blame but himself if he didn't want to be on the ballot," Ehlke stated. Kennedy's legal team took an unusual step by asking a state appellate court to expedite an appellate ruling before Ehlke made his decision. The 2nd District Court of Appeals was waiting for Ehlke's ruling before deciding whether to take the case.

Impact on Wisconsin Elections

The presence of independent and third-party candidates could significantly impact Wisconsin elections. In four of the past six presidential elections, the state has been decided by margins between 5,700 and 23,000 votes. For instance, Green Party nominee Jill Stein received over 31,000 votes in Wisconsin in 2016, more than Trump's winning margin of just under 23,000 votes. Some Democrats blamed her for Trump's victory in the state and the presidency that year.

Judge Ehlke also highlighted that many county clerks had already sent out ballots for printing ahead of Wednesday's deadline with Kennedy's name included. This further complicated any attempts to remove his name at this stage.

Kennedy's legal team had hoped for a swift appellate ruling but faced delays as the 2nd District Court of Appeals awaited Ehlke's decision. Online court records showed no immediate action from the appellate court following the ruling.

The decision underscores the complexities and challenges third-party candidates face in navigating election laws and deadlines. It also highlights how even small numbers of votes can influence election outcomes in closely contested states like Wisconsin.

Kennedy’s situation serves as a reminder of the intricate legal landscape surrounding elections and ballot access, particularly for independent candidates aiming to influence national politics without aligning with major parties.