WISCONSIN — Robert F. Kennedy Jr. has filed a lawsuit against the Wisconsin Elections Commission in Dane County to have his named removed from the November ballot, court records indicate.
Last week, WEC voted 5-1 to keep Kennedy on the ballot in Wisconsin due to a state law that says once a candidate has filed for office, they must stay on the ballot unless they die. The move went against Kennedy’s wish to be removed amid his withdrawal from the presidential race.
The lawsuit, filed Sept. 3, argues that “Kennedy’s rights have been violated.” It states the law creates a different standard for third-party candidates than for Democrats and Republicans, who have until 5 p.m. on the first Tuesday in September to certify their presidential nominee.
In the lawsuit, it’s argued that independent candidates, such as Kennedy, have to let the commission know a full month before that. Kennedy filed his papers before the Aug. 6 deadline.
“…there’s a different playbook for the Democrats than for Independents,” the lawsuit states.
Kennedy’s lawsuit could have complications, as county clerks have already been authorized to print ballots in the state.
Kennedy is seeking similar moves in other states, including Michigan and North Carolina.
“Kennedy simply wants off the ballot, there is no rigorous testing of a candidates bona fides when they want off the ballot—you simply do not include his name,” the lawsuit states.
A spokesperson for the Wisconsin Elections Commission did not respond to an email seeking comment on the lawsuit.
Kennedy suspended his campaign in August and endorsed Republican candidate Donald Trump. Kennedy said he would try to get his name removed from ballots in battleground states, while telling his supporters that they could continue to back him in the majority of states where they are unlikely to sway the outcome.
Kennedy is one of eight presidential candidates on the ballot in Wisconsin.
The presence of independent and third party candidates on the ballot could be a key factor in a state where four of the last six presidential elections have been decided by between 5,700 votes and about 23,000 votes.
In 2016, Green Party nominee Jill Stein got just over 31,000 votes in Wisconsin — more than Trump’s winning margin of just under 23,000 votes. Some Democrats have blamed her for helping Trump win the state and the presidency that year.