Robert F. Kennedy Jr. has filed an emergency request with the Supreme Court, asking for an injunction to remove his name from Wisconsin presidential ballot. This request was officially docketed on Wednesday.
After suspending his independent presidential campaign and endorsing former President Trump, Kennedy has been working to withdraw his name from ballots in key swing states, while maintaining his presence on others.
Third-party candidates expected to have significant impact
Previously, the Supreme Court denied Kennedy’s attempt to restore his candidacy on the New York ballot, where his petition was rejected due to residency issues. Now, Kennedy is appealing a ruling from Wisconsin’s high court, which refused his request to be removed from the state’s ballot. This comes as third-party candidates are expected to have a significant impact in Wisconsin, a state where the Decision Desk HQ/The Hill forecast suggests Trump and Vice President Harris are in a tight race.
The implementation of Kennedy’s request remains uncertain, as mail-in ballots have already been distributed. As of Tuesday, more than 97,000 individuals participated in in-person absentee voting in Wisconsin, according to state data.
Kennedy’s legal team emphasized that they have been attempting to remove his name from the ballot since August, well before it was finalized, and they claim to have “diligently pursued” their case through the state courts.
Wisconsin Elections Commission imposes stricter requirements
Kennedy has argued that the Wisconsin Elections Commission imposes stricter requirements on independent candidates, forcing them to withdraw from the ballot earlier than those from major political parties. His lawyers claim this violates the Constitution’s equal protection clause.
In addition, they argue that keeping Kennedy’s name on the ballot violates his constitutional rights by compelling him to express a political stance he no longer holds. His lawyers assert that Kennedy now wants his supporters to vote for Trump in Wisconsin, considering it a form of political speech protected by the First Amendment. To avoid any confusion, Kennedy insists that his name should not appear on the Wisconsin ballot, as his endorsement is now for Trump.
Kennedy’s Supreme Court petition seeks an injunction to remove his name from the ballot while the constitutional issues are being resolved. Alternatively, he has proposed that the justices expedite the process by taking up the case immediately for briefing.
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