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Blow for Trump as judge rules RFK Jr’s name must stay on ballot in swing state

Former independent candidate will have to stay on the ballot in Wisconsin, Judge Stephen Ehlke ruled

James Liddell
Tuesday 17 September 2024 11:03 EDT
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Related: Donald Trump celebrates RFK Jr’s endorsement

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Robert F Kennedy Jr‘s name will remain on the presidential ballot in Wisconsin after a judge denied his request for it to be removed, with the ruling marking a potential blow for Donald Trump’s re-election chances.

RFK Jr abandoned his own independent presidential campaign late last month to endorse the former president – who offered him a cabinet post if he returns to office.

The former Democrat has since scrambled to remove his name from the ballots across swing states, noting that if his name remains, “I would likely hand the election over to the Democrats,” he said after culling his presidential run.

RFK Jr’s removal from the ballots across swing states could cement key votes for the Republicans in the tight race for the White House between Trump and Vice President Kamala Harris.

The former environmental lawyer filed a lawsuit in Wisconsin on September 3, as he attempted to be wiped off the ticket.

But on Monday, Dane County Circuit Judge Stephen Ehlke denied the request to erase his name from swing state’s’s ballot, ruling that only death can wipe a candidate from the ballot.

“The bottom line here is that Mr Kennedy has no one to blame but himself if he didn’t want to be on the ballot,” the judge said.

RFK Jr argued that Democrats and Republicans are treated more favorably than independent candidates.

RFK Jr attended a campaign event in Glendale, Arizona on Saturday
RFK Jr attended a campaign event in Glendale, Arizona on Saturday (AP)

Candidates from the two major parties have until 5pm on the first Tuesday of September (September 3 this year) to strike their names from the ballot, while third-party candidates can only do so before the August 6 deadline for submitting nomination papers.

“The statute is plain on its face,” Ehlke said as he abruptly denied the politician’s request.

The judge noted that many ballots etched with RFK Jr’s name have already gone out for printing ahead of Wednesday’s deadline.

Lawyer’s of the newly-pledged Republican suggested that clerks cover up his name with stickers – a practice implemented when a candidate dies.

His legal team approached the state appellate court to take the case days before Ehlke’s ruling. The 2nd District Court of Appeals said it was awaiting Ehlke’s decision before deciding whether to take the case.

RFK Jr’s name on the ballot could help Harris in turning Wisconsin from a red state to blue. Previously, between 5,700 and 23,000 votes have decided which way the state swung in four of the past six presidential elections.

It’s the latest twist in RFK Jr’s attempts to strike his name from the ballots across the battleground states, marking a stark U-turn from when he vied to be on the ballot nationwide as a third-party candidate.

He won a court order in North Carolina to remove his name from the state’s ballot, while Michigan’s Supreme Court ruled he would remain on the ballot there.

RFK Jr remains on the ballot in 33 states, including swing states Michigan and Wisconsin. He is off the ballot in 18 states, including swing states Arizona, Georgia, Nevada, North Carolina, Pennsylvania.

According to The Hill’s analysis of 74 polls, RFK Jr has still garnered 2.4 per cent of the national vote.

Vice President Kamala Harris leads Trump by 49.5 per cent to 43.2 per cent according to the same analysis – which includes RFK Jr as a voting option.

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