RFK Jr.’s Zombie Campaign Will Be on the Ballot in Some Key Swing States
When Robert Kennedy Jr. announced he would be suspending his campaign — while still encouraging people to vote for him — he claimed that he would be removing his name from the ballot in swing states where his candidacy might sway the election against Donald Trump. But with less than 70 days until the election, and ballots already in print, Kennedy’s zombie campaign may yet play a role in deciding competitive states.
The issue is slightly ironic given the amount of energy expended by Kennedy’s campaign to secure ballot access as a third-party candidate in the first place — battles that are still ongoing in several states.
On Friday, Kennedy said, “In about 10 battleground states where my presence would be a spoiler, I’m going to remove my name, and I’ve already started that process and urge voters not to vote for me.” Kennedy requested that voters in those states back Trump.
In the 40 other states, however, Kennedy encouraged his supporters to vote for him — he even suggested he could still win the whole thing.
“My name will remain on the ballot in most states. If you live in a blue state, you can vote for me without harming or helping President Trump or Vice President Harris. In red states, the same will apply,” he said. “I encourage you to vote for me, and if enough of you do vote for me — and neither of the major party candidates wins 270 electoral votes … I could conceivably still end up in the White House in a contingent election.”
It’s the kind of scenario only a person who’s had brainworms could concoct.
Kennedy has so far managed to remove his name from the ballot in the key states of Pennsylvania, Arizona, and Ohio — and he’s separately still trying to secure ballot access in “safe” Republican states despite having suspended his campaign. But if Kennedy wants to avoid being a spoiler for Trump, it may be too late in several toss-up states.
Kennedy is already on ballots being printed in North Carolina in more than 30 counties, and it’s unlikely he’ll manage to secure his removal before early voting begins on Sept. 6.
In a Friday statement to WRAL, State Board of Elections spokesman Patrick Gannon said “Robert F. Kennedy Jr. has been nominated by the We The People Party as that party’s presidential candidate to be listed on the ballot … That party has not informed the State Board of any plans to change its nomination.”
“If We The People officially withdraws his nomination, the State Board would have to consider whether it is practical to remove his name from ballots and reprint ballots at that time,” Gannon added.
In some states, election laws directly bar Kennedy from successfully withdrawing his name from ballots.
On Tuesday, Michigan election officials denied Kennedy’s petition to have his name removed from the state’s November ballots. “Minor party candidates cannot withdraw, so his name will remain on the ballot in the November election,” Cheri Hardmon, senior press secretary for Michigan Secretary of State Jocelyn Benson, told Axios.
The state’s election law does not allow a candidate to withdraw after having been officially nominated by their party. “The Natural Law Party held their convention to select electors for [Kennedy]. They cannot meet at this point to select new electors since it’s past the primary,” Hardmon added.
It’s a similar story in Nevada and Wisconsin.
Nevada state law requires that an individual wishing to withdraw their candidacy do so “in writing and must be presented by the candidate in person, within 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing.”
It sounds complex (because candidate filings often are) but Kennedy had already missed the deadline of August 20 by the time he announced he would be suspending his campaign.
Interestingly, the Nevada Democratic Party has been leading a lawsuit to try to remove Kennedy from the ballot. The lawsuit argues that Kennedy’s registration under various parties in other states violates Nevada law, which requires an independent candidate to have no party registration.
Kennedy will be on the ballot in Wisconsin, where on Tuesday, the state Election Commission ruled that state law precludes Kennedy from striking his candidacy. Wisconsin law stipulates that “any person who files nomination papers and qualifies to appear on the ballot may not decline the nomination. The name of that person shall appear upon the ballot except in case of death of the person.”
While Kennedy did submit a letter requesting his removal, according to the Associated Press, his request was not discussed in the ballot certification session. Independent presidential candidate Cornel West and Green Party candidate Jill Stein will also be on the ballot in the Badger State.
In Georgia, the state that decided the 2020 election, it’s looking like Kennedy won’t be on the ballot — but the final decision hasn’t been made.
On Monday, Judge Michael Malihi ruled that Kennedy and three other independent presidential candidates did not meet qualifications for the 2024 presidential ballot. While Malihi’s ruling may sound definitive, the final decision rests in the hands of Georgia Secretary of State Brad Raffensperger (R).
Raffensperger will need to make a determination soon, as the state is expected to begin mailing out military and overseas ballots on Sept. 17. With Kennedy clamoring for his own removal, it shouldn’t be a hard choice.
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