This news story says Robert F. Kennedy, Jr., will remain on the Indiana ballot, whether he wanted to or not. The state has an absurd July 15 deadline for independent candidates to withdraw, should they wish to do so.
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On August 23, Robert F. Kennedy, Jr. removed his name from the Texas ballot, according to the Secretary of State’s website. He did not make a public announcement about his action. Thanks to Jim Riley for this news.
The Kennedy campaign had said he would withdraw from ten “battleground” states, but it did not specify which ten states. Besides Texas, he has also withdrawn from Arizona.
On August 20, a Wisconsin Democratic Party official asked the State Supreme Court to order the Elections Commission to remove Jill Stein from the ballot. Strange v Wisconsin Election Commission. The lawsuit argues that the presidential elector candidates of a qualified party can only be chosen by a meeting in the State Capitol of that party’s legislators and its other nominees for the legislature. The law that mentions that procedure, section 8.18(1), is at ;least 70 years old and has never before been interpreted to mean that is the only way a qualified party may nominate presidential elector candidates.
The Court has ordered all briefs to be filed by August 26, and it will perhaps make a decision that day, because the State Elections Commission wishes to certify the ballot by August 27.
In the past, the Wisconsin Supreme Court has ruled favorably in disputes involving the electoral college and minor party and independent candidates. In 1964 it ruled that the law did not require an independent presidential candidate to file a separate petition for each candidate for presidential elector, in a case won by the Socialist Workers Party. State ex rel Boulton v Zimmerman, 130 NW 2d 153. In 2004, it ruled that Ralph Nader should be on the ballot as an independent even though he didn’t nominate a presidential elector candidate from each U.S. House district. Nader v Dane County Circuit Court, 04-2559-W.
Wisconsin Governor Tony Evers has filed an amicus brief, arguing that the Green Party should not be on the ballot for president this year.
An interpretation that a qualified party cannot run for president unless it has state legislators or candidates for the legislature would be extraordinary. Precedents in three other states have said that qualified parties cannot be denied the right to nominate for all office. In Constitution Party of Missouri v St. Louis County, a U.S. District Court in 2016 struck down a county ordinance that only the two largest parties could run for County Commission. In A Connecticut Party v Kezer, a U.S. District Court struck down a Connecticut law that only the two largest parties could run for Justice of the Peace. In New Alliance Party v North Carolina State Board of Elections, a U.S. District Court struck down a North Carolina law that new parties couldn’t run for partisan county office.
On August 23, a Pennsylvania Commonwealth Court removed Cornel West and Randall Terry from the presidential ballot, for the same reasons that Claudia De la Cruz had been removed. None of them had a full slate of presidential elector candidates.
However, the Court ruled that the Constitution Party nominees for U.S. Senator, Attorney General, Auditor, and Treasurer should remain on the ballot. The objectors had tried to argue that because they were on the same statewide petition as the presidential nominee, and the presidential nominee had been removed, therefore they also had to be removed.
Here is the decision in the Constitution Party case. In re Nomination Papers of Constitution Party, 382 M.D. 2024.
On August 23, the Illinois State Board of Elections rejected the challenge to Robert F. Kennedy, Jr’s petition. He will be the only person on the Illinois ballot, other than Kamala Harris and Donald Trump.