Judge Decides RFK Jr. Must Remain on Wisconsin Ballot, Appeals Court Takes Case

A Wisconsin judge has denied Robert F. Kennedy Jr.’s request to remove his name from the state’s presidential ballot, citing clear statutory requirements. However, the judge’s decision may not be the final one.

At a Glance

Judge Stephen Ehlke ruled that Wisconsin law demands candidates stay on the ballot as long as they are still alive.
Kennedy suspended his campaign in August and has been attempting to remove his name from ballots in key battleground states.
The presence of independent candidates could impact the election outcome in Wisconsin.
Kennedy’s attorneys suggested using stickers to cover his name, but the judge rejected this idea due to logistical concerns.
Despite the judge’s decision, the Wisconsin Court of Appeals will hear the case.

Judge’s Ruling Keeps Kennedy on Wisconsin Ballot

Dane County Circuit Judge Stephen Ehlke has ruled that Robert F. Kennedy Jr. must remain on the Wisconsin presidential ballot, despite Kennedy’s request for removal. The decision stems from Wisconsin’s stringent election laws, which stipulate that candidates cannot be removed from the ballot once they have filed valid nomination papers, unless they pass away.

Judge Ehlke’s ruling was unequivocal, stating, “The statute is plain on its face.” He further emphasized Kennedy’s responsibility in the matter, noting, “Mr. Kennedy has no one to blame but himself if he didn’t want to be on the ballot.”

RFK Jr’s name will remain on ballot in swing state Wisconsin, judge rules https://t.co/PTT9NHuOSI

— Guardian US (@GuardianUS) September 16, 2024

Kennedy’s Campaign Suspension and Ballot Removal Efforts

Kennedy suspended his presidential campaign in August and has since been actively trying to remove his name from ballots in a number of states. His efforts have met with mixed results across the nation. While he succeeded in removing himself from ballots in North Carolina, Arizona, Georgia, and Pennsylvania, he has faced setbacks in Michigan and now Wisconsin.

“I would likely hand the election over to the Democrats,” he said of his presence on the ballot.

Kennedy’s concerns about remaining on the ballot stem from the potential impact on the election outcome. His presence as an independent candidate could split votes in crucial swing states, potentially influencing the final result. This scenario is particularly significant in Wisconsin, a state known for its near-even split between Democratic and Republican voters.

Implications for Wisconsin’s Election Process

The judge’s decision comes at a critical time in Wisconsin’s election preparation. Many county clerks have already sent out ballots for printing with Kennedy’s name on them. The deadline for county clerks to print and distribute ballots to over 1,800 local officials is imminent, adding urgency to the situation.

The Wisconsin Elections Commission had previously voted 5-1 to keep Kennedy’s name on the ballot, citing the state statute. This decision, now upheld by Judge Ehlke, underscores the strict adherence to election laws in the state. The ruling also highlights the challenges faced by independent and third-party candidates in navigating the complex landscape of state-specific election regulations.

However, the case in Wisconsin isn’t over just yet. On Wednesday, the Wisconsin Court of Appeals agreed to hear Kennedy’s case following the judge’ ruling. There is significant pressure to get the matter resolved quickly because some ballots have already gone out, and briefs for the appeal face a Friday deadline.