Wisconsin Appeals Court Will Hear RFK Jr’s Ballot Appeal

A Wisconsin appeals court has given Robert F. Kennedy Jr. a lifeline in his bid to take his name off the Badger State’s November ballot. 

A Second District Court of Appeals panel on Wednesday agreed to accept the former independent presidential candidate’s petition after a Dane County Circuit Court sided with the Wisconsin Elections Commission’s decision to force Kennedy to remain on the general election ballot. Kennedy ended his campaign in August, endorsing former president and GOP presidential candidate Donald Trump. 

The Democratic National Committee and their allies have pushed for Kennedy to remain on swing state ballots because they believe he’ll pull votes from Trump, ultimately assisting President Joe Biden’s re-election campaign replacement, Vice President Kamala Harris. Meanwhile, Democrats are fighting tooth and nail to remove far-left candidates Jill Stein, the Green Party’s standard bearer, and independent Cornel West from the ballot. 

As The Federalist reported Tuesday, Dane County Judge Stephen Ehlke earlier this month ruled that state law bars candidates from exiting the race after they’ve filed nomination papers. Ehlke said there are no exceptions:“courts are required to apply the law as written, not as some party wishes it were written,” Ehlke said, according to the leftist Wisconsin Examiner.  

The first round of absentee ballots to overseas and military voters are slated to go out on Thursday, and must be sent by Sept. 21, in accordance with federal law. 

‘Extreme Time Pressure’

Kennedy effectively is facing his last legal chance in Wisconsin, and the schedule is tight. The three members of the appeals court agreed to take the case because of the “extreme time pressure in the case” although the Wisconsin Elections Commission has not responded to Kennedy’s petition to appeal. The judges assert that they are well aware of WEC’s positions and arguments, following the commission’s 5-1 vote denying Kennedy’s request to remove his name from the presidential election ballot. 

“Because of the extreme time pressure on this case, we have decided to review Kennedy’s current petition ex parte,” the panel wrote. “We are persuaded that sufficient leave criteria are satisfied and grant Kennedy’s leave petition. Granting Kennedy’s leave petition now will allow briefing on the merits of Kennedy’s claim to commence immediately—specifically, whether the circuit court erred by denying Kennedy’s motion for a temporary injunction.”

Noting the “time-sensitive nature” of its review, the court has ordered Kennedy’s attorneys to file a memorandum brief by 11 a.m. Thursday, with WEC’s response deadline set for 11 a.m Friday. 

A Sticker Situation

A compromise could come in the form of stickers. As the court filing notes, “the parties have discussed Kennedy’s requested relief of applying stickers to ballots to cover his name thereon as an alternative to reprinting of ballots with his name removed.” 

Kennedy’s attorneys and WEC are to answer a few questions about the use of ballot stickers. State law permits their use in the event of the pre-election death of a candidate. But their use has not been tested on voting equipment. Does that matter?  Do the stickers have to be used on ballots statewide? WEC has suggested that election clerks have discretion on whether to apply the stickers. Is that true? 

Madison-based WKOW 27 News reported that Madison’s elections officials will proceed as scheduled, despite the ongoing legal challenge. City Attorney Michael Haas told the news outlet that without an injunction the far-left city, Wisconsin’s second most-populated, will keep distributing the ballots as they are currently printed. 

Kennedy’s attorney, Joseph Bugni, could not be reached for comment. 

For more election news and updates, visit electionbriefing.com.

Matt Kittle is a senior elections correspondent for The Federalist. An award-winning investigative reporter and 30-year veteran of print, broadcast, and online journalism, Kittle previously served as the executive director of Empower Wisconsin.