Wisconsin appeals court takes up RFK Jr. ballot case

A Waukesha-based state appeals court has agreed to hear a lawsuit from Robert F. Kennedy Jr. seeking to remove his name from Wisconsin’s presidential ballot.

The order from the 2^nd District Court of Appeals comes the same day that county clerks are required by law to deliver ballots and supplies to municipal clerks, and one day before absentee ballots must be sent to certain voters, including overseas and military voters.

The appeals court’s order also comes two days after a Dane County Circuit Court judge ruled that Kennedy, who successfully filed to be a candidate in early August before dropping out of the race weeks later, could not remove his name after the fact.

Kennedy’s campaign had previously requested a temporary injunction from circuit court to get his name removed, and requesting that the Wisconsin   Elections  Commission not send out ballots until the case had been ruled on.

Briefs in the appeal are due by the end of the week. A spokesperson for the elections commission previously told WPR some clerks have already mailed out ballots ahead of the deadline.

Kennedy, who ended his candidacy in late August and endorsed former President Donald Trump, has sought to remove himself from the ballot in several swing states, citing concerns that his presence would draw votes away from the Republican ticket.

His attempts in Wisconsin have so far been unsuccessful. The Wisconsin Elections Commission declined to remove his name, citing state law that says a person who qualifies for the ballot and is accepted cannot remove their name unless they die.

In subsequent court actions, Kennedy requested stickers be used to cover his name on the ballot. In Dane County Circuit Court on Monday, an attorney for WEC argued the stickers could interfere with voting equipment. The judge in that case ruled in favor of WEC’s arguments, saying that state and federal law outweighed Kennedy’s arguments that he should not be forced into a candidacy he no longer wants.

The appeals court waited until that ruling to weigh in. In accepting Kennedy’s appeal Wednesday, the appeals court asked the interested parties to address the possible challenges of stickers interacting with voting equipment.

The court also acknowledged the “extreme time pressure” on the case. Some clerks have already mailed out absentee ballots in advance of Thursday deadline to mail ballots to voters with standing requests, and overseas and military voters.