The Wisconsin Supreme Court is set to decide whether Robert F. Kennedy Jr.’s name should be removed from the fall presidential ballot, following the suspension of his campaign and endorsement of former President Donald Trump.
The state high court will determine if Kennedy’s name must stay on the ballot despite his efforts to withdraw in key states, including Wisconsin, as ABC News reports.
Kennedy, who suspended his bid for the White House in August, threw his support behind Donald Trump upon exiting the race. Since then, he has been working to have his name removed from ballots in several critical battleground states where he believes his presence could affect the election’s outcome. In other states, Kennedy has expressed willingness to let his supporters vote for him, as he expects those votes to have little impact on the broader election results.
In early September, Kennedy filed a lawsuit in Wisconsin to have his name removed from the ballot. This comes after he successfully petitioned the North Carolina Supreme Court to remove his name from ballots in that state. However, the Michigan Supreme Court and a federal judge in Detroit recently ruled that Kennedy's name would remain on their respective ballots.
In Wisconsin, a lower court ruling complicated Kennedy's efforts. A Dane County judge ruled that candidates are required to remain on the ballot unless they die, barring other extraordinary circumstances. This ruling placed Kennedy's legal team at odds with the Wisconsin Elections Commission, which oversees ballot-related disputes.
The Wisconsin Supreme Court has now agreed to hear the case directly, bypassing the appeals process. The decision is expected to be made quickly, particularly since absentee ballots -- bearing Kennedy's name -- have already started to be sent out to voters across the state.
Lawyers for the Wisconsin Elections Commission underscored the urgency of resolving the issue, noting that absentee ballots with Kennedy’s name have already been distributed. Delays in reaching a decision could lead to confusion among voters and potentially affect the election process, especially in Wisconsin, a key battleground state.
The state Supreme Court justices, acknowledging this urgency, will make their decision by reading briefs rather than holding formal arguments. The goal, according to court officials, is to come to a conclusion "as expeditiously as possible" given the time-sensitive nature of the case. Legal experts have indicated that similar cases across the country could be influenced by Wisconsin’s final ruling. With multiple courts ruling in different directions on Kennedy’s ballot status, the outcome in Wisconsin may set a precedent for how other states approach the issue.
Earlier this month, the North Carolina Supreme Court ruled in favor of Kennedy, allowing his name to be removed from the ballot. This decision was seen as a win for the Kennedy campaign, which argued that his continued presence on state ballots could mislead voters following his endorsement of Trump.
In contrast, legal challenges in Michigan did not yield the same result. The Michigan Supreme Court and a federal judge in Detroit ruled that Kennedy’s name would remain on the ballot in Michigan, citing existing laws that make it difficult to remove a candidate once they have qualified for the ballot. These rulings reflected the legal complexities surrounding ballot removal after a candidate’s suspension of their campaign.
Should the Wisconsin Supreme Court rule against Kennedy, voters in the state will still see his name on the ballot, despite his suspension and endorsement of Trump. This could lead to further confusion, particularly for absentee voters who may have already submitted ballots.
On the other hand, if the court rules in Kennedy’s favor, election officials will face logistical challenges, particularly in recalling absentee ballots or informing voters of the change. With Wisconsin's status as a battleground state, any shifts in the ballot process could have an outsized effect on the presidential race.
Kennedy's actions reflect a larger trend of candidates trying to navigate state election laws and processes after they have suspended their campaigns. The ultimate outcome in Wisconsin will be a key moment not just for the Kennedy campaign, but for future candidates seeking to withdraw from a race mid-cycle.
