Robert F. Kennedy Jr.'s attempt to have his name removed from the presidential ballot in Wisconsin, a battleground state, was denied by a judge on Monday. The judge determined that candidates must remain on the ballot until their death.
The latest development in Kennedy's campaign to withdraw his name from ballots in crucial battleground states where Republican Donald Trump and Democratic nominee Kamala Harris are locked in a close race is Dane County Circuit Judge Stephen Ehlke's ruling.
In August, Kennedy called off his campaign and gave Trump his support. Kennedy informed his followers that they may keep supporting him in the majority of states where they are unlikely to affect the outcome, but he would attempt to have his name removed off ballots in battleground states.
Earlier last month, Kennedy was successful in getting his name taken off the ballots in North Carolina by a judge. But this Thursday, the Michigan Supreme Court decided that he will continue to appear on the state's ballot.
On September 3, Kennedy filed a lawsuit in Wisconsin, requesting a court order to be removed from the ballot. He claimed that because state law handles Republicans and Democrats seeking president differently, third-party candidates face discrimination.
He drew attention to the fact that independent candidates, such as himself, can only withdraw before the August 6 deadline for filing nomination papers, but Republicans and Democrats have until 5 p.m. on the first Tuesday in September prior to each election to certify their presidential nominee.
Ehlke categorically refused Kennedy's request. He decided that candidates are guaranteed a spot on the ballot for as long as they file valid nomination papers, according to Wisconsin statutes, until they pass away.
Ehlke continued by pointing out that a large number of county clerks had already printed ballots with Kennedy's name on them before the deadline on Wednesday.
Kennedy's lawyers had recommended that, as is customary when a candidate passes away, the clerks hide his name with stickers. The judge dismissed that notion, questioning if the stickers would interfere with tabulating machinery and characterizing it as a logistical nightmare. In addition, he mentioned that if clerks failed to cover his name on any number of ballots, there might be legal opportunities.
Ehlke stated, "Mr. Kennedy has only himself to blame if he didn't want to be on the ballot."
In an attempt to expedite an appeal decision, Kennedy's attorneys took the unprecedented step of asking a state appellate court to hear the case days before Ehlke rendered a decision. Before choosing to take the case, the 2nd District Court of Appeals has been awaiting Ehlke's decision. After the decision, the appeal court did not appear to take any immediate action, according to online court documents.
In Wisconsin, where four of the previous six presidential elections have been decided by a margin of 5,700 to around 23,000 votes, the inclusion of independent and third-party candidates on the ticket may prove to be a decisive factor.
In Wisconsin in 2016, Jill Stein, the nominee for the Green Party, received slightly more than 31,000 votes, surpassing Trump's winning margin of slightly under 23,000 votes. She has been accused by some Democrats of aiding Trump in his victories in the state and the election that year.
