Wisconsin Supreme Court rules RFK Jr. will remain on November ballot

The Wisconsin Supreme Court recently ruled that Robert F. Kennedy Jr., an independent presidential candidate, will remain on the state's ballot for the upcoming presidential election. This decision came despite Kennedy's attempts to remove his name after suspending his campaign and endorsing former President Donald Trump. The ruling highlights the complexities of election laws and the potential impact of third-party candidates in closely contested states like Wisconsin.

Kennedy initially filed a lawsuit in Wisconsin in early September to have his name removed from the ballot. He argued that the state's election laws discriminate against independent candidates by imposing different deadlines for withdrawing from the race compared to those for major party candidates. Specifically, while Republicans and Democrats have until the first Tuesday in September to finalize their presidential nominees, independent candidates must withdraw by August 6 if they wish to be removed from the ballot. Kennedy's legal team contended that this discrepancy violated his First Amendment rights and unfairly disadvantaged independent candidates.

Dane County Circuit Judge Stephen Ehlke ruled against Kennedy on September 16, stating that Wisconsin law clearly mandates that once a candidate files valid nomination papers, they remain on the ballot unless they die. Judge Ehlke emphasized that many election clerks had already printed ballots with Kennedy's name, making it logistically challenging to remove him at this stage. He also rejected the suggestion of using stickers to cover Kennedy's name on ballots, citing concerns about potential logistical issues and legal challenges if some ballots were not adequately altered.

Following Judge Ehlke's decision, Kennedy appealed to the Wisconsin Supreme Court. However, the court upheld the lower court's ruling, stating that Kennedy's legal arguments were inadequately developed and did not warrant overturning the decision. The court noted that it was not making any determinations on the merits of Kennedy's claims but found his briefing insufficient to consider them further.

The decision has significant implications for Wisconsin's political landscape, as the state is known for its narrow margins in presidential elections. In previous elections, third-party candidates have played a crucial role in determining outcomes. For instance, in 2016, Green Party candidate Jill Stein received over 31,000 votes in Wisconsin, surpassing Trump's winning margin of just under 23,000 votes. Some Democrats attributed Trump's victory in Wisconsin—and subsequently his presidency—to Stein's candidacy drawing votes away from Hillary Clinton.

Kennedy's presence on the ballot could similarly influence the 2024 election results. According to polls conducted by Marquette University Law School, Kennedy has garnered more support from Republicans than Democrats, potentially affecting Trump's vote share in a tight race against Democratic nominee Kamala Harris.

The ruling also underscores broader debates about election laws and their impact on independent and third-party candidates. Critics argue that existing regulations favor major party candidates and limit voter choice by imposing restrictive deadlines and requirements on independents. Proponents of reform advocate for more equitable treatment of all candidates to ensure a fair electoral process.

In conclusion, the Wisconsin Supreme Court's decision to keep Robert F. Kennedy Jr.'s name on the ballot reflects ongoing challenges faced by independent candidates within the U.S. electoral system. As voting proceeds with absentee ballots already distributed to thousands of voters, Kennedy's presence could prove pivotal in shaping Wisconsin's role as a battleground state in the upcoming presidential election. The case highlights the importance of understanding and addressing disparities within election laws to foster a more inclusive democratic process.