{"id":2343003,"date":"2024-09-18T16:31:01","date_gmt":"2024-09-18T20:31:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wisconsin-appeals-court-will-hear-rfk-jrs-ballot-appeal\/"},"modified":"2024-09-18T16:32:17","modified_gmt":"2024-09-18T20:32:17","slug":"wisconsin-appeals-court-will-hear-rfk-jrs-ballot-appeal","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wisconsin-appeals-court-will-hear-rfk-jrs-ballot-appeal\/","title":{"rendered":"Wisconsin Appeals Court Will Hear RFK Jr&#8217;s Ballot Appeal"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fwisconsin-appeals-court-will-hear-rfk-jrs-ballot-appeal%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2343003&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A Wisconsin \u2063appeals court has provided\u2064 Robert F. Kennedy Jr. \u200ca chance\u2062 to challenge\u200c his placement on the\u200c state&#8217;s November ballot. Despite a Dane County Circuit Court&#8217;s ruling \u200bthat upheld\u2063 the \u2064Wisconsin Elections Commission&#8217;s \u200d(WEC) decision to keep\u200b Kennedy on the ballot, the appeals court accepted his petition. Kennedy, \u200ca\u200b former <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/evan-mcmullin-is-the-democrats-utah-senate-candidate\/\" title=\"Evan McMullin Is The Democrats\u2019 Utah Senate Candidate\">independent presidential candidate<\/a> who \u200cendorsed Donald Trump after ending his campaign in August,\u2064 argues that he should be allowed\u200d to withdraw. The Democratic National Committee is \u200dkeen on \u2064keeping Kennedy\u200b on the ballot,\u200b believing he may siphon \u200bvotes\u200c from Trump, which could benefit President Biden&#8217;s re-election efforts. Meanwhile, Democrats are attempting to \u2063remove leftist \u2062candidates Jill Stein and Cornel West \u2062from the ballot.<\/p>\n<p>The appeals court emphasized the urgency of the \u200bsituation due \u2062to the impending election\u200b timeline, noting\u200d that absentee ballots must\u200b be sent out by September 21. They\u2062 indicated they will review Kennedy&#8217;s\u2063 case expeditiously, allowing for immediate legal\u2064 briefing. Kennedy&#8217;s legal team must submit their arguments\u2062 quickly, with responses\u2064 from the WEC also due soon.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>A Wisconsin appeals court has given Robert F. Kennedy Jr. a lifeline in his bid to take his name off the Badger State&rsquo;s November ballot.&nbsp;<\/p>\n<p>A Second District Court of Appeals panel on Wednesday agreed to accept the former <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/rkj-jr-crushed-after-dirty-move-against-trump-its-all-over-for-kennedy\/\" title=\"RKJ Jr. Crushed After Dirty Move Against Trump - It\u2019s All Over for Kennedy\">independent presidential candidate&#038;rsquo<\/a>;s petition after a Dane County Circuit Court sided with the Wisconsin Elections Commission&rsquo;s decision to force Kennedy to remain on the general election ballot. Kennedy ended his campaign in August, endorsing former president and GOP presidential candidate Donald Trump.&nbsp;<\/p>\n<p>The Democratic National Committee and their allies have pushed for Kennedy to remain on swing state ballots because they believe he&rsquo;ll pull votes from Trump, ultimately assisting President Joe Biden&rsquo;s re-election campaign replacement, Vice President Kamala Harris. Meanwhile, Democrats are fighting tooth and nail to remove far-left candidates Jill Stein, the Green Party&rsquo;s standard bearer, and independent Cornel West from the ballot.&nbsp;<\/p>\n<p>As The Federalist <a href=\"https:\/\/thefederalist.com\/2024\/09\/17\/dems-scheme-to-keep-rfk-jr-on-wisconsin-ballot-comes-down-to-the-wire\/\" target=\"_blank\" rel=\"noreferrer noopener\">reported <\/a>Tuesday, Dane County Judge Stephen Ehlke earlier this month ruled that state law bars candidates from exiting the race after they&rsquo;<a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dems-plan-to-keep-rfk-jr-on-wi-ballot-comes-down-to-wire\/\" title=\"Dems&#039; Plan To Keep RFK Jr. On WI Ballot Comes Down To Wire\">ve filed nomination papers<\/a>. Ehlke said there are no exceptions:&ldquo;courts are required to apply the law as written, not as some party wishes it were written,&rdquo; Ehlke said, <a href=\"https:\/\/wisconsinexaminer.com\/briefs\/dane-county-judge-rejects-rjk-jr-attempt-to-get-off-presidential-ballot\/\">according to<\/a> the leftist Wisconsin Examiner.&nbsp;&nbsp;<\/p>\n<p>The first round of absentee ballots to overseas and military voters are slated to go out on Thursday, and must be sent by Sept. 21, in accordance with <a href=\"https:\/\/www.fvap.gov\/info\/laws\/uocava\" target=\"_blank\" rel=\"noreferrer noopener\">federal law.<\/a>&nbsp;<\/p>\n<h2>&lsquo;Extreme Time Pressure&rsquo;<\/h2>\n<p>Kennedy effectively is facing his last legal chance in Wisconsin, and the schedule is tight. The three members of the appeals court agreed to take the case because of the &ldquo;<a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/flashback-watch-chairman-mark-milley-lie-five-times-in-one-minute-about-the-infamous-isis-k-strike\/\" title=\"FLASHBACK: Watch Chairman Mark Milley Lie Five Times In One Minute About The Infamous ISIS-K Strike\">extreme time pressure<\/a> in the case&rdquo; although the Wisconsin Elections Commission has not responded to Kennedy&rsquo;s petition to appeal. The judges assert that they are well aware of WEC&rsquo;s positions and arguments, following the commission&rsquo;s 5-1 vote denying Kennedy&rsquo;s request to remove his name from the presidential election ballot.&nbsp;<\/p>\n<p>&ldquo;Because of the extreme time pressure on this case, we have decided to review Kennedy&rsquo;s current petition ex parte,&rdquo; the panel wrote. &ldquo;We are persuaded that sufficient leave criteria are satisfied and grant Kennedy&rsquo;s leave petition. Granting Kennedy&rsquo;s leave petition now will allow briefing on the merits of Kennedy&rsquo;s claim to commence immediately&mdash;specifically, whether the circuit court erred by denying Kennedy&rsquo;s motion for a temporary injunction.&rdquo;<\/p>\n<p>Noting the &ldquo;time-sensitive nature&rdquo; of its review, the court has ordered Kennedy&rsquo;s attorneys to file a memorandum brief by 11 a.m. Thursday, with WEC&rsquo;s response deadline set for 11 a.m Friday.&nbsp;<\/p>\n<h2>A Sticker Situation<\/h2>\n<p>A compromise could come in the form of stickers. As the court filing notes, &ldquo;the parties have discussed Kennedy&rsquo;s requested relief of applying stickers to ballots to cover his name thereon as an alternative to reprinting of ballots with his name removed.&rdquo;&nbsp;<\/p>\n<p>Kennedy&rsquo;s attorneys and WEC are to answer a few questions about the use of ballot stickers. State <a href=\"https:\/\/docs.legis.wisconsin.gov\/statutes\/statutes\/7\/i\/37\/6\" target=\"_blank\" rel=\"noreferrer noopener\">law<\/a> permits their use in the event of the pre-election death of a candidate. But their use has not been tested on voting equipment. Does that matter?&nbsp; Do the stickers have to be used on ballots statewide? WEC has suggested that election clerks have discretion on whether to apply the stickers. Is that true?&nbsp;<\/p>\n<p>Madison-based WKOW 27 News <a href=\"https:\/\/www.wkow.com\/news\/election\/appeals-court-accepts-rfk-jr-s-case-in-his-efforts-to-get-off-wisconsin-ballots\/article_4220ba02-75d4-11ef-a279-cf0118bf3994.html\" target=\"_blank\" rel=\"noreferrer noopener\">reported<\/a> that Madison&rsquo;s elections officials will proceed as scheduled, despite the ongoing legal challenge. City Attorney Michael Haas told the news outlet that without an injunction the far-left city, Wisconsin&rsquo;s second most-populated, will keep distributing the ballots as they are currently printed.&nbsp;<\/p>\n<p>Kennedy&rsquo;s attorney, Joseph Bugni, could not be reached for comment.&nbsp;<\/p>\n<p><em>For more election news and updates, visit&nbsp;<a href=\"https:\/\/electionbriefing.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">electionbriefing.com<\/a>.<\/em><\/p>\n<hr>\n<p>      Matt Kittle is a senior elections correspondent for The Federalist. An award-winning investigative reporter and 30-year veteran of print, broadcast, and online journalism, Kittle previously served as the executive director of Empower Wisconsin.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Wisconsin appeals court has provided Robert F. Kennedy Jr. with a crucial opportunity to remove his name from the November ballot in the state. On Wednesday, a panel from the Second District Court of Appeals decided to consider Kennedy&#8217;s petition after a Dane County Circuit Court upheld the Wisconsin Elections Commission&#8217;s ruling that required him to stay on the general election ballot. Kennedy had ended his campaign in August and endorsed former President Donald Trump, who is also running for president as a Republican.<\/p>\n<p>The Democratic National Committee and its supporters are advocating for Kennedy to remain on ballots in key swing states, believing he could siphon votes away from Trump and thereby aid President Joe Biden\u2019s re-election efforts, particularly with Vice President Kamala Harris as his potential successor. At the same time, Democrats are actively working to exclude far-left candidates like Jill Stein of the Green Party and independent Cornel West from ballots.<\/p>\n<p>As reported by The Federalist on Tuesday, Dane County Judge Stephen Ehlke ruled earlier this month that state law prohibits candidates from withdrawing after submitting nomination papers, stating there are no exceptions: \u201ccourts are required to apply the law as written,\u201d he remarked according to Wisconsin Examiner.<\/p>\n<p>The first batch of absentee ballots for overseas and military voters is scheduled for distribution on Thursday and must be sent out by September 21 due to federal regulations.<\/p>\n<p>Kennedy is now facing what may be his final legal opportunity in Wisconsin under significant time constraints. The three judges on the appeals court agreed to hear his case due to this &#8220;extreme time pressure,&#8221; even though the Wisconsin Elections Commission has yet to respond formally to Kennedy\u2019s appeal request. The judges acknowledged their familiarity with WEC&#8217;s stance following its 5-1 vote against allowing Kennedy&#8217;s name removal.<\/p>\n<p>Given these urgent circumstances, they have ordered that Kennedy\u2019s attorneys submit a memorandum brief by 11 a.m. Thursday while setting WEC\u2019s response deadline for 11 a.m Friday.<\/p>\n<p>A potential compromise involving stickers has been discussed; these could be used on ballots instead of reprinting them without Kennedy&#8217;s name. However, questions remain about their legality since state law allows sticker use only if a candidate dies before an election\u2014an untested scenario regarding voting equipment usage\u2014and whether they must be applied statewide or left at clerks&#8217; discretion remains unclear.<\/p>\n<p>Despite ongoing legal challenges, Madison elections officials plan to proceed with distributing ballots as currently printed unless an injunction is issued; City Attorney Michael Haas confirmed this stance when speaking with WKOW 27 News. Attempts were made but failed regarding contact with Kennedy\u2019s attorney Joseph Bugni for comments.<br \/>\nFor more updates related to elections news visit electionbriefing.com.<br \/>\nMatt Kittle serves as senior elections correspondent at The Federalist and brings over three decades of experience across various journalism platforms including print and broadcast media<\/p>\n","protected":false},"author":656,"featured_media":2343004,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/09\/Screenshot-2024-09-18-at-2.46.49-PM.png","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[32324,32458,4124],"class_list":["post-2343003","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-appeals-court","tag-rfk-jr","tag-wisconsin"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/09\/Screenshot-2024-09-18-at-2.46.49-PM.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2343003","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/656"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2343003"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2343003\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2343004"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2343003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2343003"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2343003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}