Supreme Court Rejects RFK Jr.’s Request to Remove His Name From Ballots in 2 Swing States

Matthew Vadum
By Matthew Vadum
October 29, 20242024 Elections
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Supreme Court Rejects RFK Jr.’s Request to Remove His Name From Ballots in 2 Swing States
Robert F. Kennedy Jr. speaks to reporters at the Pennsylvania Convention Center in Philadelphia, Pa., on Sept. 10, 2024. (Madalina Vasiliu/The Epoch Times)

The U.S. Supreme Court on Oct. 29 turned down Robert F. Kennedy Jr.’s emergency applications seeking to remove his name from ballots in the swing states of Wisconsin and Michigan.

Early voting in the Nov. 5 presidential and congressional election began on Oct. 22 in Wisconsin and on Oct. 26 in Michigan.

The Supreme Court denied the Wisconsin application without comment. No justices dissented.

The court also did not provide reasons for its decision on the Michigan application, but one justice, Neil Gorsuch, dissented.

Kennedy, a Democrat-turned-independent, suspended his campaign on Aug. 23 and endorsed former President Donald Trump, the Republican presidential candidate.

Kennedy has tried to remove his name from ballots in hotly contested states since then. He previously said he was doing this to avoid siphoning votes away from Trump in swing states while leaving room for a longshot bid for the presidency in a possible so-called contingent election, which would put the presidency in the hands of the U.S. House of Representatives in the event of an electoral college deadlock.

The Wisconsin application was filed after the Wisconsin Supreme Court on Sept. 27 rejected Kennedy’s appeal of a lower state court ruling holding that candidates may only be taken off the ballot if they die.

Wisconsin told the justices in an Oct. 28 filing that because ballots have already been printed and voting is currently in progress it would be too difficult at this point to strike Kennedy’s name from the ballot.

Removing Kennedy’s name “one week before the general election … would require the county and municipal clerks of Wisconsin to handcraft and apply millions of stickers to Wisconsin ballots in order to cover his name—at least those ballots that have not already gone to voters and been returned,” the state said.

In his Oct. 23 application, Kennedy said it was his “absolute right” to endorse Trump for president. Not appearing on the ballot “in the critical swing state of Wisconsin” helps to convey his constitutionally-protected message that “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,” Kennedy said.

Kennedy added he has “diligently pursued” getting off the Wisconsin ballot for the last two months.

Michigan told the justices in an Oct. 28 brief that “the harm posed by Kennedy’s requested injunction is great.”

More than 1.7 million people in Michigan have already voted and “printing ballots is a complicated and lengthy process.”

“There simply is no ability for the State to direct the reprinting of ballots in all 83 counties, creating ballots which would somehow be offered or only available to a segment of voters, and which would require reprogramming voting equipment across the State.”

This is a developing story. It will be updated.

From The Epoch Times