Madison

Wisconsin Supreme Court to decide if Robert F. Kennedy Jr.'s name will appear on November ballot

E.Chen41 min ago

The state's highest court plans to issue a decision "as expeditiously as possible" in the ongoing legal debate over whether former independent presidential candidate Robert F. Kennedy Jr.'s name will appear on Wisconsin's November ballot.

The Wisconsin Supreme Court on Friday agreed to bypass the lower courts and take up Kennedy's lawsuit, which he filed in August challenging the Wisconsin Elections Commission's decision to grant him ballot access for the Nov. 5 election.

"Given the need for a prompt resolution of this appeal, the court does not contemplate holding oral argument in this matter," the order states. "The court will endeavor to issue a written decision as expeditiously as possible."

Chief Justice Annette Ziegler and Justice Rebecca Bradley, both conservatives, dissented in the decision to bypass the state's 2nd District Court of Appeals and take up the matter directly.

"Process matters," Bradley wrote in dissent. "The members of the majority sometimes enforce a rule against 'premature petitions' but sometimes they don't, without disclosing any standards by which they will choose whether to apply it. Such arbitrariness by courts is antithetical to the original understanding of the judicial role."

Kennedy, who has suspended his campaign and embarked on a multistate battle to scrub his name from ballots in battleground states, had asked a panel of three judges with Wisconsin's 2nd District Court of Appeals to decide the issue after he appealed Dane County Circuit Judge Stephen Ehlke's decision that the request to be removed from the ballot is simply too late . Ehlke on Monday sided with the election commission's reading of state law that, once a candidate files nomination papers and a declaration of candidacy, the only way to be r emoved from the ballot is to die .

Assistant Attorney General Charlotte Gibson, who is representing the elections commission in the case, on Thursday filed a request asking the state Supreme Court to take up the matter . Gibson wrote that a prompt, final resolution was necessary because the matter is "highly time sensitive and hugely consequential for the people of Wisconsin."

As of Thursday morning, more than 340,000 absentee ballots had already been mailed or were in the process of being mailed by local elections clerks across the state, according to the elections commission.

Kennedy, who has endorsed former President Donald Trump and thus does not want to appear on the same ballot as him, is seeking to order local election clerks to place a sticker over his name on any ballot not already mailed out.

Attorneys for the elections commission have cautioned that Wisconsin's voting machines have not been tested to see if they would be able to properly tabulate completed ballots that have an attached sticker.

The push to remove Kennedy from the ballot comes after polling by the Marquette Law School found more Republicans than Democrats were considering voting for Kennedy — an outcome that could sink Trump's hopes in the battleground state.

Kennedy has filed similar lawsuits in other swing states, while choosing to leave his name on the ballot in other states where votes cast for him are unlikely to change the outcome of the election.

In his Wisconsin lawsuit, Kennedy argued the elections commission treats independents differently from major party candidates, like President Joe Biden, who ended his campaign in July and has been replaced on the Wisconsin ballot by Vice President Kamala Harris.

Party-affiliated candidates had until 5 p.m. Sept. 3 to certify their presidential nominee, while independent candidates like Kennedy only had until Aug. 6, the deadline to file nomination papers, to withdraw.

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