RFK Jr. Sues to Remove Himself From Wisconsin Presidential Ballot

Election ballots are shown as workers count mail-in and in-person absentee ballots at the Wisconsin Center in Milwaukee on Nov. 8, 2022. Scott Olson/Getty Images

Robert F. Kennedy Jr. is suing to remove himself from the Wisconsin presidential ballot after the battleground state’s election commission voted to keep him on it.

In the lawsuit, filed Sept. 3 in Dane County Circuit Court, attorneys for Kennedy accused the elections commission of discriminating against him over the ballot withdrawal request.

Specifically, Kennedy claimed that independent candidates are subjected to withdrawal deadlines that differ from those for major party candidates such as President Joe Biden, who on July 21 ended his reelection bid and endorsed Vice President Kamala Harris.

“The facts alleged make it plain: there’s a different set of rules for Kennedy than Biden; there’s a different playbook for the Democrats than for Independents,” Kennedy’s attorneys stated in a brief. “That different set violates the promise of equal protection for candidates. And it violates Kennedy’s rights to free speech and association.”

The Democratic Party and Republican Party had until 5 p.m. on the first Tuesday in September to withdraw their presidential nominees from the ballot, according to guidance from the elections commission. However, the deadline for independent candidates such as Kennedy to pull their nominations was 5 p.m. on the first Tuesday in August.

“While Biden had until today at 5 p.m., Kennedy had to let the Commission know a full month before that,” the brief read. “Why the different playbook for Kennedy as opposed to Biden?”

Campaign Suspended

Kennedy suspended his campaign on Aug. 23 and endorsed the Republican nominee, former President Donald Trump. He is now part of Trump’s presidential transition team.

Since then, Kennedy has sent requests to get his name off the ballots in seven closely contested states and three others that he considers competitive.

“Our polling consistently showed that by staying on the ballot in the battleground states, I would likely hand the election over to the Democrats, with whom I disagree on the most existential issues,” Kennedy said in a speech.

He also encouraged supporters to still vote for him in states where they are unlikely to affect the outcome.

A week before Kennedy filed his lawsuit, the three Republican members of the Wisconsin Elections Commission voted to remove him from the ballot, but the motion failed in a 3–3 deadlock after the three Democrat members said state law requires that anyone who files nomination papers and qualifies must stay on the ballot, except in the event of death.

After the failed motion, two Republican commissioners joined the Democrats in a 5–1 vote to approve ballot placement for third-party and independent candidates, including Kennedy.

Kennedy’s attorneys disagreed that candidates must be kept on the ballot unless they die, arguing that the state has no compelling interest in enforcing such a requirement.

“Kennedy simply wants off the ballot, there is no rigorous testing of a candidates bona fides when they want off the ballot—you simply do not include his name,” they wrote. “We’re simply asking to not be put on the ballot, as opposed to getting on it.”

The Wisconsin Elections Commission declined to comment on the lawsuit.

For now, Kennedy remains a presidential candidate on the ballot in Wisconsin, alongside the Green Party’s Jill Stein and fellow independents Cornel West and Shiva Ayyadurai. His lawsuit could have complications, since the county clerks have already been authorized to print ballots to meet upcoming state deadlines for mailing absentee ballots to military and overseas voters.

Wisconsin is considered one of the most pivotal states in this year’s race for the White House. Recent elections have shown that even a modestly successful third-party bid can significantly influence who secures the state’s 10 electoral votes.

Stein was last on the Wisconsin ballot in 2016, when she secured more than 31,000 votes, more than Trump’s winning margin of just under 23,000 votes. Biden defeated Trump in Wisconsin in 2020 by an even thinner margin, of fewer than 21,000 votes.