Liberal Wisconsin Supreme Court Orders RFK's Name To Remain On Election Ballots

 September 28, 2024

In a unanimous decision, the Wisconsin Supreme Court ruled to keep Robert F. Kennedy's name on the November presidential ballot despite his wish to remove it.

Wisconsin News reported that despite suspending his campaign and endorsing Donald Trump, RFK Jr. found himself in a protracted battle to get his name off the ballot. Kennedy's legal team requested either the removal of his name from the ballot or that it be obscured by stickers—a move rooted in his decision not to directly challenge Trump in the pivotal battleground state.

Kennedy's lawsuit, initiated in August against the Wisconsin Elections Commission and brought before the Dane County Circuit Court, argued for an equitable treatment in allowing his withdrawal.

This, however, was countered by the court ruling which found it too late for such a change, indicating that the deadline for candidate withdrawal had already passed.

Understanding the Court’s Decision

The justices of the Wisconsin Supreme Court, including Chief Justice Annette Ziegler and Justice Rebecca Bradley, unanimously dismissed Kennedy's lawsuit with a concise rationale. Their decision emphasized the precedent that once filed, independent candidates like Kennedy cannot simply withdraw their names as party-affiliated candidates might.

The court's verdict was influenced significantly by logistical considerations. Already, as of the Thursday before the ruling, over 425,000 absentee ballots had been mailed or prepared for mailing across Wisconsin, with more than 42,000 returned. To alter these ballots would incur not only confusion but significant electoral disruption.

The rapid mailing of ballots meant that the Wisconsin Supreme Court had to expedite handling the case, bypassing the appellate level directly.

This swift movement was essential to adhere to strict state and federal deadlines for ballot distribution—a further complication in Kennedy’s hopes of removing his name from consideration.

Democratic Attorney General Josh Kaul weighed in, supporting the decision as a means to ensure a smooth election.

Kaul highlighted the potential upheaval that such last-minute amendments could have introduced, illustrating the broader implications of the court’s choice.

Political Implications of Kennedy’s Presence on the Ballot

Speculation abounded regarding the impact of Kennedy’s name remaining on the ballot. Polling data suggested a distinct possibility that more Republicans could opt for Kennedy over Trump, thus altering the electoral dynamics significantly. This unintended consequence underscored the complexities of a seemingly simple request to withdraw.

Legal discourse also centered on fairness and legal interpretations. Kennedy's attorney passionately argued before the court for a reconsideration of his client’s rights under the law, stressing the significance of voter choice and the principles of democracy.

Further complicating matters was the interpretation of voter agency and election integrity. Justice Rebecca Bradley articulated concerns over voter confusion, suggesting that listing a non-active candidate could mislead voters and potentially distort election outcomes.

The court was cautious, as reflected in their statement that they were not endorsing the initial legal findings against Kennedy’s claims but were simply adhering to procedural correctness.

They stressed that Kennedy's appeal did not sufficiently demonstrate an error in judgment by the lower court which necessitated sticking to the established ruling.

Kennedy’s Campaign Moves Forward

Despite the ordeal in Wisconsin, Kennedy’s electoral strategy had taken an inconsistent trajectory across states. His decision to keep his name on other state ballots where it wouldn’t affect his endorsed candidate, Trump, revealed a selective approach to his candidacy cessation.

This entire episode has highlighted the intricate yet rigid frameworks governing U.S. electoral processes, particularly for independent candidates. The unprecedented nature of Kennedy’s request and the judicial response to it underscore complexities that could inform future electoral legal challenges.

As the situation unfolds, it remains a pertinent case study in election law, candidate rights, and the operational limits of electoral bodies against the backdrop of real-time political strategies. Legal experts and election authorities alike will likely scrutinize this decision for insights and precedents.

This case may well become a reference point in future discussions and decisions relating to election law and candidate candidacy.

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