On September 16, a Dane County Circuit Court ruled that Robert F. Kennedy, Jr., cannot remove his name from the Wisconsin ballot. Kennedy had argued that the law on withdrawals is discriminatory. Nominees of qualified parties can remove their names as late as September 3, but independent candidates cannot withdraw after August 6. The judge did not address the constitutional argument. Kennedy is appealing to the Wisconsin State Appeals Court.
On Tuesday, September 17, the Second Circuit heard arguments in Team Kennedy v Berger, 24-2385. In New York, Kennedy is fighting to be on the ballot. The state courts had removed him, and a U.S. District Court had agreed with the state courts.
The three judges are Gerald E. Lynch (a Clinton appointee), and Beth Robinson and Sarah A. L. Merriam (Biden appointees). The panel had only allotted five minutes per side, but the argument was longer. Kennedy’s attorney correctly told the panel that if Kennedy does not appear on the New York ballot, then New Yorkers will be the only voters in the nation with only two presidential candidates’ names on the ballot. Kennedy’s attorney also made the argument that the New York definition of domicile, as applied to presidential candidates, is so narrow, the free speech provision of the First Amendment ought to protect Kennedy’s right to state his belief that he is domiciled in New York. The lower courts had rejected his ballot position because he had claimed domicile in New York.
On Seotember 16, Robert F. Kennedy, Jr. filed this brief in Kennedy v Benson, e.d., 2:24cv-12375.
The hearing is Tuesday, September 17.
This AP story says a group that supports Democrats has persuaded conservative independents to run for U.S. House this year in districts that are closely balanced between the two major parties.
The Green Party missed the deadline to file its presidential elector candidates in the District of Columbia, so even though it is a qualified party, Jill Stein won’t appear on the November ballot in Washington, D.C.
