Robert F. Kennedy Jr. has filed an emergency request with the Supreme Court to remove his name from Wisconsin’s presidential ballot. The request was docketed Wednesday as Kennedy continues efforts to withdraw his name from swing states while remaining on the ballot in other locations.
The Supreme Court previously denied Kennedy’s request to restore his name on New York’s ballot, citing residency issues. Now, Kennedy seeks to overturn a Wisconsin Supreme Court decision that refused to remove his name from the state’s ballot. With Wisconsin expected to be a close contest, third-party candidates could play a significant role, according to a Decision Desk HQ/The Hill election forecast showing Trump and Harris in a near tie.
However, logistical challenges remain, as officials have already distributed mail-in ballots. On Tuesday, more than 97,000 people cast their votes on the first day of in-person absentee voting in Wisconsin.
Kennedy’s legal team emphasized that they have been fighting to remove his name since August, well before the ballots were finalized. They argue that Wisconsin’s election laws unfairly force independent candidates to withdraw earlier than those from major parties, violating the Constitution’s equal protection clause. They contend that keeping Kennedy’s name on the ballot infringes on his First Amendment rights by compelling speech.
“In Wisconsin, he wants everyone who will listen to him to vote for Trump. That is core political speech and it’s protected under the First Amendment. To ensure that message is conveyed clearly and without confusion, he asked that his name not appear on the Wisconsin ballot,” the filing stated.
Kennedy’s request to the Supreme Court seeks an injunction to remove his name until the justices resolve the constitutional questions. Alternatively, he suggested the Court could expedite the case for immediate briefing and consideration.
