MADISON, Wisconsin – The Wisconsin Supreme Court ruled on Friday that independent presidential candidate Robert F. Kennedy, Jr. will remain on the state’s ballot, dismissing his request to have his name removed. The court cited inadequate briefing from Kennedy’s legal team in its decision.
In their order, the justices emphasized they were not making any legal determinations regarding Kennedy’s claims, as they found the arguments insufficient to warrant a different conclusion.
The court had previously accepted a petition from the Wisconsin Elections Commission to bypass the appeals court for this case.
Despite some dissent among justices, the court did not hear oral arguments and required Kennedy’s attorneys to submit a brief by noon on Sept. 21, which they found lacking.
Chief Justice Annette Kingsland Ziegler and Justice Rebecca Grassl Bradley both voted against taking the case directly.
Justice Bradley criticized the majority’s handling of the case, highlighting concerns over the perceived arbitrariness in judicial processes, especially in politically charged cases.
Kennedy had filed the lawsuit against the Wisconsin Elections Commission, arguing that independent candidates face unfair treatment regarding ballot access deadlines.
He had previously announced the suspension of his campaign on Aug. 23 and later endorsed former President Donald Trump.
Despite this, Wisconsin law stipulates that once a candidate qualifies for the ballot, they cannot withdraw their name unless they die, according to the state Elections Commission.
Kennedy’s request came shortly after the elections board denied his appeal to be removed from the ballot. State attorneys contended that his nomination was valid and that the commission acted correctly in maintaining his name on the ballot.
The court’s ruling underscores the complexities surrounding ballot access for independent candidates, particularly in light of differing deadlines for party-affiliated candidates.
The decision means that, barring any changes, eight candidates, including Green Party candidate Jill Stein and independent candidate Cornel West, will be listed on Wisconsin’s presidential ballot this November.
Ziegler and Bradley acknowledged the significant implications of the ruling, expressing concern that voters might mistakenly support a candidate who has withdrawn from the race, potentially undermining the integrity of the electoral process.
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