Robert F. Kennedy Jr. has filed a lawsuit in Dane County seeking to force his way off Wisconsin’s presidential ballot.
State law doesn’t provide a mechanism for independent presidential candidates to withdraw their nomination papers after submitting them by an early August deadline, and the Wisconsin Elections Commission voted 5-1 last week to put Kennedy on the ballot even though he’s withdrawn from the race.
In yesterday’s filing, Kennedy’s attorneys argue Wisconsin law inappropriately creates a different standard for third-party candidates because Democrats and Republicans have until 5 p.m. on the first Tuesday in September ahead of an election to certify who their presidential nominee will be.
“Third parties can’t be treated differently and they can’t be discriminated against. Yet that’s what happened here,” the suit argues.
The suit seeks a stay of the Elections Commission’s ruling and an order barring the agency from placing Kennedy’s name on the ballot.
The commission certified presidential candidates for the Wisconsin ballot last week, allowing county clerks to begin printing ballots.
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