RFK Jr. asks Supreme Court to take him off Wisconsin ballot, despite missing deadline

WASHINGTON – Robert F. Kennedy Jr. has asked the Supreme Court to take his name off the presidential ballot in Wisconsin in an emergency petition filed weeks after hundreds of thousands of ballots have been mailed out.

Early in-person voting started Tuesday in the battleground state.

Kennedy, who endorsed Republican Donald Trump after ending his independent bid, said he wants off the ballot so voters won’t be confused about his position.

But he’s contributed to that confusion by seeking the Supreme Court’s help to get on the ballot in New York at the same time he was trying to get off the ballot in Wisconsin and other swing states.

The Supreme Court rejected his New York bid last month.

In Wisconsin, the law requires candidates to remain on the ballot unless they die, Dane County Circuit Judge Stephen Ehlke ruled last month. His decision was upheld by the Wisconsin Supreme Court.

Wisconsin is one of the seven states expected to determine the outcome of the Nov. 5 presidential election.

Kennedy argues he’s being treated unfairly because Wisconsin sets different ballot deadlines for independent candidates than for major party candidates.

Party-affiliated candidates had until 5 p.m. on Sept. 3 to certify their candidacy, according to guidance from the Elections Commission, while independent candidates had until 5 p.m. on Aug. 6. Kennedy ended his campaign Aug. 23.

When Kennedy suspended his campaign, he said his name would remain on the ballot and he encouraged his supporters to vote for him in most states.

But he said he would try to remove his name from the ballot in battleground states “where my presence would be a spoiler.”

“Wisconsin is a swing state, where Kennedy has openly and energetically campaigned for Trump,” his lawyers told the Supreme Court. “Keeping his name on the ballot will compromise that message.”

Contributing: Milwaukee Journal Sentinel

This article originally appeared on USA TODAY: RFK Jr. asks Supreme Court to take him off Wisconsin ballot