MADISON, Wis. – A ruling on Sept. 16 affirmed the presence of Robert F. Kennedy Jr.’s name on the presidential ballots in Wisconsin, one of the nation’s pivotal swing states. Dane County Circuit Judge Stephen Ehlke decreed that the ballot would include Kennedy despite his request for removal, adhering strictly to state law that permits candidate withdrawal only in the event of death.
Kennedy, who had previously halted his campaign and endorsed Republican Donald Trump, sought to have his name excluded from ballots in critical battleground states, aiming to impact the electoral outcome. His decision followed a mixed success in other states, with North Carolina agreeing to his name removal, while Michigan ruled against a similar appeal.
The legal challenge in Wisconsin initiated by Kennedy on Sept. 3 centered on the contention that state laws unfairly discriminated against independent candidates. Unlike Republicans and Democrats who have until early September to confirm their presidential nominees, independent candidates face an earlier August deadline to retract their nomination.
This inflexible regulation formed the crux of Judge Ehlke’s ruling. He pointed out that Wisconsin statutes explicitly require that once a candidate’s nomination papers are filed and validated, they must remain on the ballot unless deceased. Ehlke noted that any adjustments at this stage would pose significant logistical issues as many county clerks had already dispatched ballots for printing.
The proposed workaround by Kennedy’s legal team, involving placing stickers over his name on the ballots—akin to procedures followed when a candidate passes away—was dismissed by the judge. Such an action, Ehlke argued, might lead to technical difficulties with voting machines and could spark further legal disputes if inconsistently applied across ballots.
Ehlke’s blunt dismissal underscored the repercussions of delayed decision-making by candidates, indicating Kennedy himself was responsible for his continued presence on the ballot. This judicial rebuff came shortly after Kennedy’s lawyers hurriedly sought to escalate the matter to a state appellate court, which deferred its decision pending Ehlke’s ruling. As of now, there has been no further development from the appellate court.
The impact of third-party candidates like Kennedy can be severe in tightly contested states such as Wisconsin, where recent presidential elections have seen margin differences ranging from about 5,700 to 23,000 votes. Historical precedents, like in 2016 when Green Party nominee Jill Stein’s vote count exceeded Trump’s winning margin, illustrate how significant the presence of an independent candidate can be. Stein’s participation stirred controversy among some Democrats, who claimed it contributed to Trump’s narrow victory in the state.
These unfolding events reflect the complexities and strategic calculations inherent in the U.S. electoral process, particularly in swing states where every vote holds substantial weight. As the legal and electoral drama continues to unfold, Wisconsin remains a crucial battleground, with its outcomes potentially swaying national political fortunes.