Judge Denies RFK Jr.’s Bid to Withdraw From Wisconsin Ballot

A Wisconsin judge has rejected former independent presidential candidate Robert F. Kennedy Jr.’s request to have his name removed from the state’s general election ballot, opening the door for a possible appeal.
Kennedy withdrew from the presidential race at the end of August, endorsing former President Donald Trump and seeking to have his name removed from the ballot in key battleground states so as not to split the conservative vote. The presence of independent and third-party candidates could be significant in Wisconsin, where four of the past six presidential elections were decided by narrow margins ranging from about 5,700 to 23,000 votes.
Kennedy’s attorneys pointed out that Republicans and Democrats had until 5 p.m. on the first Tuesday of September to withdraw their presidential nominees from the ballot, while independent candidates could withdraw only by an Aug. 6 deadline for submitting nomination papers.
In denying Kennedy’s request, the judge ruled that Wisconsin statutes clearly indicate that once a candidate files valid nomination papers, that candidate must remain on the ballot unless he or she dies.
Ehlke said during the proceedings that many county clerks had already sent out ballots for printing with Kennedy’s name ahead of a looming deadline. County clerks must deliver ballots to municipal clerks by Sept. 18, as absentee ballots must be mailed by Sept. 19.
Kennedy’s attorneys suggested that clerks could cover his name with stickers, but the judge rejected the idea, citing logistical challenges and the risk that stickers would interfere with the operation of ballot-counting machines. He also warned that errors in covering names could lead to potential legal disputes.
In hopes of expediting a possible appeal in case of an unfavorable ruling by Ehlke, Kennedy’s attorneys had asked the Second District Court of Appeals to take the case days before the ruling by the Dane County Circuit Court. The appeals court had been waiting for the ruling before deciding whether to take the case, with online court records not indicating any immediate action from the appeals court following the ruling.
A request for comment sent to Kennedy’s campaign was not returned by publication time.
The ruling is the latest chapter in Kennedy’s efforts to withdraw from ballots in key swing states, where the competition between Trump and the Democratic nominee, Vice President Kamala Harris, remains tight.
After Kennedy announced his withdrawal in late August, his campaign stated that voters in noncompetitive states should continue supporting him, while in battleground states such as Wisconsin, Kennedy sought to avoid splitting the conservative vote.