Washington – Robert F. Kennedy Jr., relative of the past Commander in Chief, John F. Kennedy, has initiated a legal pursuit against the Wisconsin Elections Commission, aiming to withdraw his name from the forthcoming electoral battle in the pivotal state.
Presented this Tuesday in Dane County, the lawsuit contests the unfair conditions under which Kennedy has been running due to differing deadlines for independent and party-aligned candidates for obtaining ballot access. His legal team maintains that his right to free speech and association was violated due to these dissimilar timelines.
“In First Amendment parlance: it has compelled him to not just speak, but to associate with a cause he doesn’t want to be part of,” Kennedy’s attorneys elucidated in the lawsuit. They further argued, “In doing so, Kennedy’s rights have been violated. He has not been treated fairly or equally with the other presidential candidates who declared and ran for the presidency and have since wanted to withdraw.”
The Wisconsin Elections Commission delineated guidelines stating that party-affiliated candidates had to certify their candidacy by September 3, while independent candidates had to do so by August 6. Having ended his run on August 23, Kennedy has fallen foul of this discrepancy.
The lawsuit submitted comes hot on the heels of a denial from the state’s election board. They dismissed a plea from Kennedy’s team to remove his name from the ballot after he relinquished his presidential run last month—voicing support for former President Donald Trump.
Wisconsin laws stipulate that any individual filing nomination papers, who consequently qualifies to be on the ballot, cannot decline their nomination. The singular exception made to this rule relates to the death of the candidate. Such laws precipitated a 5-1 vote to keep Kennedy on the ballot, despite a block from Democratic commissioners on previous attempts by Republicans to remove him.
“The only way he gets to not be on the ballot is to up and die, which I’m assuming he has no plans on doing,” expressed WEC chairwoman Ann Jacobs, a Democrat. “The statute is absolutely clear on this.”
Wisconsin is not solitary in this contentious issue, as Michigan and North Carolina also contend with similar demands. Officials from these states assert that Kennedy cannot be withdrawn from their ballots either. This week, a judge in Michigan decreed that Kennedy must stay on the ballot, while in North Carolina, Kennedy’s lawsuit is still under deliberation.
The push to eliminate Kennedy’s name from ballots in key competitive states seems to stem from trepidation that his presence could detract votes from the Republican nominee, Donald Trump. According to data from the Marquette University Law School Poll, more Republicans than Democrats in Wisconsin supported Kennedy.
Last week, Ohio Republican Sen. JD Vance, who is also Trump’s chosen running mate, criticized the WEC’s decision during a visit to Northeastern Wisconsin. His claims, however, did not acknowledge existing Wisconsin law that requires a candidate’s name to stay on the ballot unless they die.
Wisconsin’s ballot in November will feature eight presidential candidates, including Green Party candidate Jill Stein, candidate Cornel West, and—notwithstanding the pending lawsuit—Robert F. Kennedy Jr.
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