Category Archives: ballot access

“Wisconsin Supreme Court rejects RFK Jr.’s efforts to get off November ballot”

WPR:

The state Supreme Court has rejected an effort by independent presidential candidate Robert F. Kennedy Jr. to remove his name from Wisconsin’s presidential ballot.

In a ruling issued Friday afternoon, the Wisconsin Supreme Court said Kennedy’s campaign had failed to show a lower court ruling keeping him in play should be overturned.

Kennedy filed thousands of signatures on Aug. 6 to get on Wisconsin’s presidential ballot. Three weeks later, on Aug. 23, he suspended his campaign and endorsed former President Donald Trump.

That same day, he asked to have his name removed from the ballot in Wisconsin and other battleground states, expressing a concern that he could play spoiler for Trump….

In a concurring opinion, written by Justice Rebecca Bradley and joined by Chief Justice Annette Ziegler, both conservatives, Bradley said the “ramifications in this case are immense.”

“Voters may cast their ballots in favor of a candidate who withdrew his candidacy, thereby losing their right to cast a meaningful vote. Ballots listing a non-candidate mislead voters and may skew a presidential election. In this case, the damage to voter participation in electoral democracy is real,” she wrote.

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“Robert F. Kennedy Jr. Won’t Be on New York Ballot, Supreme Court Rules”

NYT:

The Supreme Court said on Friday that it would not restore Robert F. Kennedy Jr. to the ballot in New York after a state court judge ruled that he had used a sham address on his nominating petition.

The court’s brief order gave no reasons, which is typical when it rules on emergency applications. No dissents were noted.

Mr. Kennedy has suspended his campaign and endorsed former President Donald J. Trump. But his lawyers told the justices that New Yorkers should be permitted to cast their votes for him. “A suspended campaign is not a terminated campaign,” they wrote.

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“Republicans Boost Jill Stein as Potential Harris Spoiler”

WSJ:

Some Republicans are supporting Green Party candidate Jill Stein’s long-shot bid for the presidency, attempting to bolster a campaign that could siphon liberal voters from Vice President Kamala Harris.

The support, including from allies of former President Donald Trump, has Democrats worried Stein will be a spoiler for Harris in places such as Michigan, Wisconsin and Pennsylvania. Stein is very unlikely to win any of them or reach the White House, but the Democrat’s path to victory is greatly diminished if Harris loses any of the three, where she is locked in a tight race with Trump. The prospect of Stein taking some of Harris’s support in those states causes heartburn for Democrats still smarting over Hillary Clinton’s loss there in 2016, when Stein was also on the ballot.

All that is beside the point, according to Stein. She says her candidacy represents a legitimate moral challenge to America’s two-party system, and she pitches herself as the change agent sought by millions of voters—not just liberals. She rejects the notion that her presence in the race could help Trump.

“It is a propaganda campaign intended to tell the voters that resistance is futile, that you just need to accept being thrown under the bus,” Stein said in an interview. “There is no lesser evil in this race.”…

The Green Party is poised to be on the ballot in most battleground states and at times accepted help from Trump-affiliated lawyers to secure ballot access.

Former Trump lawyer Jay Sekulow, who worked on the defense team in one of the former president’s impeachments, was among those representing the Green Party in efforts to get Stein back on the Nevada ballot after she was removed because of incorrect petition forms. The Supreme Court on Friday rejected the Nevada Green Party’s bid to restore Stein to the ballot….

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“Georgia’s presidential ballot could include some disqualified candidates”

AJC:

A pair of court rulings in the span of a few hours disqualified two longshot candidates from Georgia’s presidential race. In a twist, though, both could still appear on the ballot in this battleground state.

In separate rulings on Wednesday, two Fulton County judges voided Party for Socialism and Liberation candidate Claudia De la Cruz and independent Cornel West from Georgia’s ballot. But Judge Thomas A. Cox Jr. wrote in his ruling that it’s too close to the election to strike West’s name. Instead, he ordered officials to post notices at polling sites that West is not a valid contender.

In De la Cruz’s case, Judge Emily Richardson said officials should take “all steps” to reprint ballots where feasible.

Votes for either candidate won’t be counted, even if their names still appear on the ballot, the Associated Press reported.

The dual rulings were a blow to Republican Secretary of State Brad Raffensperger, who in August decided to include their names on the ballot despite legal challenges from Democrats arguing they failed to follow the rules.

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“A ballot fight in New Jersey nears an end as 2 counties prepare settlement for new design”

Politico:

Two New Jersey counties are on the verge of settling a constitutional challenge to New Jersey’s controversial “county line” ballot structure after a four-year legal battle, according to two people with knowledge of the talks.

The upcoming settlements with the plaintiffs suggest that New Jersey’s decades-old ballot structure that has given a major advantage to its county political organizations on primary ballots may be on the way out for good.

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Divided North Carolina Supreme Court Orders RFK Jr. Name off the Ballot the Ballot, Requiring the Reprinting of Millions of Ballots

CNN:

Robert F. Kennedy Jr.’s name will be removed from the North Carolina ballot, the state Supreme Court ruled Monday.

In a 4-3 decision, with both of the Democratic members and one Republican dissenting, the GOP-controlled court wrote that having accurate ballots is more important than the costs and delays that will come from having to reprint the state’s ballots.

Absentee ballots in North Carolina were supposed to start going out on Friday but were held amid the legal fight over Kennedy’s removal after he dropped his independent bid for president. According to the state board of elections, absentee voting could now be delayed nearly two weeks while ballots are reprinted.

“We acknowledge that expediting the process of printing new ballots will require considerable time and effort by our election officials and significant expense to the State,” the majority wrote. “But that is a price the North Carolina Constitution expects us to incur to protect voters’ fundamental right to vote their conscience and have that vote count.”…

Democratic Justice Allison Riggs criticized both the appeals court and Kennedy in a blistering dissent.

“The magnitude of the harm wrought by the Court of Appeals’ order, both to voters of the state who have been guaranteed by their elected legislature sixty days in which to receive and cast absentee ballots and to the overworked and underpaid public servants working as election administrators in a time when such service has subjected those public servants to harassment and peril… is egregious and unjustified,” Riggs wrote.

Riggs accused Kennedy of wanting to “have his cake and eat it, too.”

“Forcing the state to put his name on the ballot, creating for the state costs both practical and legal, he now wants to reprint millions of ballots because he has decided to suspend his campaign without actually ending it or foreclosing the possibility of his election,” Riggs wrote.

The decision to remove Kennedy from the ballot came the day as the Michigan Supreme Court ruled that his name must remain on the state’s ballot. Kennedy is also challenging the Wisconsin Elections Commission’s decision to keep him on the ballot in that Midwestern battleground.

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Divided Michigan Supreme Court reverses Court of Appeals, orders RFK back on ballot

Order here. The order avoids the legal question of whether Kennedy could remove his name from the ballot, and instead argues that Kennedy wrongly sought mandamus (i.e., there’s no clear legal duty for the Secretary of State to remove his name), because the statute is, at best, silent about removal. Justices Zahra and Viviano offer a “blistering dissent,” per NBC News, including: “This sort of formalism would be unique in our law, which eschews reliance on the title of relief sought and looks at the substance of the request. And in any event, Kennedy sought injunctive relief here, one of the many things the majority conveniently overlooks.”

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“North Carolina court ruling on RFK Jr. threatens to disrupt mail voting”

WaPo:

A state appeals panel upended election preparations in North Carolina on Friday, ordering a halt to the distribution of mail ballots in the battleground state after granting Robert F. Kennedy Jr.’s request that his name be removed from contention for the presidency.

Friday was the deadline for local election officials to mail ballots to the roughly 130,000 North Carolinians who had requested them so far. County offices had been preparing for weeks with ballot design, printing orders and envelope preparation.

That effort immediately stopped under instructions from the State Board of Elections following the court ruling, and officials estimated it will take a minimum of two weeks and more than $1 million — borne by cash-strapped county offices — to design, print and prepare new ballots.

An anonymous three-judge panel of the North Carolina State Court of Appeals offered no explanation for its decision but appeared to side with Kennedy’s argument, on First Amendment grounds, that he should not be forced to appear on the ballot….


Officials said they plan to appeal in Michigan and North Carolina. In Michigan, the decision could affect what is expected to be a close race between Trump and Vice President Kamala Harris. Friday was the deadline for making ballot changes, but they were not yet being mailed out, so the effect on ballot production is not expected to be as disruptive as in North Carolina.

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“Robert F. Kennedy Jr. abandons plan to seek votes in uncompetitive states”

WaPo:

Robert F. Kennedy Jr., the independent presidential candidate who recently endorsed Donald Trump, called on his supporters Thursday to vote for the Republican nominee no matter where they live, reversing instructions he gave two weeks ago when he encouraged voters to still vote for Kennedy if they lived in uncompetitive states.

“No matter what state you live in, I urge you to vote for Donald Trump,” he wrote in a fundraising email. “The reason is that is the only way we can get me and everything I stand for into Washington D.C. and fulfill the mission that motivated my campaign.”

The new message comes as he has expanded the list of Republican-leaning states where he seeks to remove his name from the ballot, even as he continues to fight to add his name to ballots in blue states where Democratic nominee Kamala Harris is expected to win.

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“RFK Jr. must remain on the Michigan ballot, judge says”

AP:

A Michigan judge ruled that Robert F. Kennedy Jr. must remain on the November presidential ballot, dealing a blow to his crusade to strategically remove his ticket from the battleground state.

Kennedy suspended his campaign and endorsed former President Donald Trump in August. Since then, he has sought to withdraw his name in states — like Michigan — where the race could be close. At the same time, he is trying to remain on the ballot in states where he is unlikely to make a difference between Trump and Vice President Kamala Harris….

Michigan Court of Claims Judge Christopher P. Yates concluded that the secretary of state rightly rejected Kennedy’s request to be removed from the ballot.

“Elections are not just games, and the Secretary of State (SOS) is not obligated to honor the whims of candidates for public office,” Yates said in his opinion and order.

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“They didn’t submit a photocopy that wasn’t required; Why abortion won’t be on the Arkansas ballot in November”

I missed this from Adam Unikowsky back on Aug. 25:

On August 22, 2024, the Arkansas Supreme Court held, by a 4-3 vote, that an abortion-rights ballot initiative would not appear on the 2024 ballot. Why? It’s a confusing decision, but boiled down, it’s because when the ballot initiative sponsor submitted its petition on the due date, it failed to staple a photocopy of a document it had already submitted a week earlier. The court reached this conclusion even though (a) nothing in Arkansas law requires this photocopy to be stapled; and (b) even if this requirement existed, Arkansas law is clear that the failure to staple this photocopy is curable, and the sponsor immediately cured the asserted defect.

The Arkansas Supreme Court’s decision is wrong. Moreover, the proceedings in this case make clear that Arkansas state officials are unapologetically engaging in viewpoint discrimination, interpreting the law in one way for ballot initiatives sponsored by conservative groups and in the opposite way for ballot initiatives sponsored by progressive groups….

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