MADISON, Wis. (AP) — A judge on Monday denied Robert F. Kennedy’s request to have his name removed from the presidential ballot in the swing state of Wisconsin, ruling that state law requires candidates to remain on the ballot until they die.
The decision by Dane County Judge Stephen Ehlke marks the latest twist in Kennedy’s bid to remove himself from the ballots in key states where the race between Republican Donald Trump and Democratic nominee Kamala Harris is tight.
Kennedy suspended his campaign in August and endorsed Trump. Kennedy said he would seek to have his name removed from the ballots in swing states, while telling his supporters they could continue to support him in most states where they were unlikely to affect the outcome.
Kennedy was granted a court order in North Carolina earlier this month to remove his name from the ballot there. However, the Michigan Supreme Court ruled last week that he will remain on that state’s ballot.
Kennedy filed a lawsuit in Wisconsin on September 3, seeking a court order to remove him from the ballot. He argued that third-party candidates are being discriminated against because state law treats Republicans and Democrats running for president differently.
He pointed out that Republicans and Democrats have until 5 p.m. on the first Tuesday in September before the election to endorse their presidential candidates, but that independent candidates like himself can only withdraw before the Aug. 6 deadline for filing their nomination papers.
Ehlke denied Kennedy’s request in no uncertain terms, holding that Wisconsin law clearly states that once candidates file valid nomination papers, they remain on the ballot until they die.
“The law is clear,” the judge said.
Ehlke further noted that many county clerks have already sent out ballots with Kennedy’s name on them to be printed before Wednesday’s deadline.
Kennedy’s lawyers had suggested that clerks cover his name with stickers, standard practice when a candidate dies. The judge rejected the idea, calling it a logistical nightmare and questioning whether the stickers would jam counting machines. He also noted that there could be potential for lawsuits if clerks did not cover his name on some ballots.
“Mr. Kennedy has no one to blame but himself if he didn’t want to be on the ballot,” Ehlke said.
Kennedy’s attorneys took the unusual step of asking a state appeals court to hear the case days before Ehlke’s ruling, hoping to speed up an appeals decision. The 2nd District Court of Appeals waited for Ehlke’s ruling before deciding whether to hear the case. Online court records showed no indication of any immediate action by the court after the ruling.
The presence of independent and third-party candidates on the ballot could be a significant factor in Wisconsin, where four of the last six presidential elections have been decided by a margin of between 5,700 and about 23,000 votes.
In 2016, Green Party candidate Jill Stein received just over 31,000 votes in Wisconsin — more than Trump’s margin of victory of just under 23,000 votes. Some Democrats have accused her of helping Trump win the state and the presidency that year.
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Scott Bauer, an Associated Press editor in Madison, contributed to this report.
