Robert F. Kennedy Jr. says it’s premature to ask the state Supreme Court whether he should be on the Wisconsin presidential ballot.
The state Department of Justice yesterday asked the justices to take over the case, which is now before the conservative 2nd District Court of Appeals.
But in a response late yesterday, Kennedy argued state law allows a party to file a petition to bypass no more than 14 days after the filing of the respondent’s brief. The respondent in his appeal is the Elections Commission, represented by DOJ, and the agency has an 11 a.m. deadline today to file its brief in response to Kennedy’s appeal of a Dane County judge rejecting his ask to be removed from the ballot.
Kennedy argued the Supreme Court typically dismisses bypass petitions filed before a respondent’s brief is in.
Kennedy added the court should at least require DOJ to wait until Monday to ask the justices to step in so they have a “firmer handle” on what’s an issue before the 2nd District.
Along with the Elections Commission’s reply brief due today, Kennedy will have an opportunity to respond to that filing by late afternoon.
DOJ yesterday asked the Supreme Court to take over the appeal. It also asked the 2nd District to stay the briefing schedule until the justices acted on the agency’s request. But the appeals court denied that motion.
According to the DOJ brief, there were already more than 391,000 requests for absentee ballots on file statewide as of this Thursday, and those ballots must be sent within 24 hours of receiving the request.
At the heart of the case is a state law that states anyone who files signatures to run for office and qualifies to appear on the ballot may not decline the nomination. Kennedy filed his nomination papers ahead of the Aug. 6 deadline, but then announced he was suspending his campaign in swing states and urging his supporters there to support Trump. The Elections Commission voted 5-1 to place Kennedy on the ballot, citing the requirement in state law.
Kennedy argued to the 2nd District that its powers to remove him from the ballot are “flexible and expansive” and while “it’s not now feasible to get new ballots, it is feasible to put stickers over” his name.
