Wisconsin appeals court considers RFK Jr. election case

A Waukesha state appeals court has agreed to hear a lawsuit filed by Robert F. Kennedy Jr. seeking to have his name removed from the Wisconsin presidential ballot.

The order of 2.^and The District Court of Appeals meetings are held on the same day that county clerks are required by law to deliver ballots and materials to municipal clerks and one day before absentee ballots must be mailed to certain voters, including overseas voters and military personnel.

The appeals court’s decision came two days after a Dane County District Court judge ruled that Kennedy, who successfully filed to run in early August before dropping out of the race weeks later, could not retroactively withdraw his candidacy.

Kennedy’s campaign team had previously asked a court for an injunction requiring him to remove his name from the list and had also asked the Wisconsin State Election Commission not to send out ballots until the case had been decided.

The appeals must be submitted by the end of the week. A spokesperson for the Election Commission had previously told WPR that some officials had already sent out the ballot papers before the deadline.

Kennedy, who withdrew his candidacy in late August and endorsed former President Donald Trump, has tried to withdraw from the ballot in several swing states, fearing his presence would siphon votes from Republicans.

His attempts in Wisconsin have so far been unsuccessful. The Wisconsin Elections Commission refused to remove his name, citing state law that states that a person who is eligible to vote and is accepted cannot remove his name unless he dies.

In subsequent court cases, Kennedy has demanded that his name on the ballot be covered with stickers. On Monday, an attorney for WEC argued in Dane County District Court that the stickers could interfere with voting machines. The judge in that case sided with WEC’s arguments, saying that state and federal law trumps Kennedy’s arguments that he should not be forced to run for office when he no longer wants to.

The appeals court waited until that ruling to issue its opinion. In granting Kennedy’s appeal on Wednesday, it asked interested parties to address the potential issues surrounding the interaction of stickers with voting machines.

The court also acknowledged the “extreme time pressure” in this case. Some clerks sent out mail-in ballots before Thursday’s deadline to mail ballots to voters with standing applications, as well as those overseas and in the military.