Robert F. Kennedy Jr. has filed an emergency application with the U.S. Supreme Court to remove his name from Wisconsin’s presidential ballot for the upcoming election. Kennedy, a Democrat-turned-independent, suspended his campaign on August 23 and endorsed former President Donald Trump.
Kennedy’s application, addressed to Supreme Court Justice Amy Coney Barrett—who oversees emergency litigation from Wisconsin—asserts his “absolute right” to endorse Trump. He believes that not appearing on the ballot in the swing state will help 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,” the application states. Kennedy argues that forcibly keeping his name on the ballot unconstitutionally compels his speech and dilutes his endorsement of Trump.
Absentee voting is already underway in Wisconsin, an essential battleground state where more than 97,000 people voted on the first day of in-person absentee voting on October 22. Officials have already mailed out ballots, raising questions about how Kennedy’s request could be implemented at this stage.
Kennedy has been attempting to remove his name from ballots in key swing states to avoid siphoning votes away from Trump.
The Wisconsin Supreme Court previously ruled on September 27 that candidates’ names may only be removed from the ballot if they die. Kennedy contends that the Wisconsin Elections Commission effectively requires independent candidates to withdraw their names earlier than major party candidates, violating the Constitution’s guarantee of equal protection.
His lawyers explained that they have “diligently pursued” the removal of his name since August, before the ballot was finalized. They argue that the state’s refusal infringes on Kennedy’s First Amendment rights.
“In Wisconsin, 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. To ensure that message is conveyed clearly and without confusion, he asked that his name not appear on the Wisconsin ballot,” the application reads.
Kennedy’s Supreme Court request seeks an injunction to remove his name from the ballot until the justices resolve the constitutional questions on the merits. Alternatively, he has asked the court to expedite the briefing and take up the issues immediately.
The U.S. Supreme Court had previously denied Kennedy’s emergency request to restore his name on New York’s presidential ballot. In that case, his petition was rejected over residency issues. A lower court found that Kennedy falsely claimed a New York residence despite living in California, stating that his rented room in Katonah, New York, wasn’t a “bona fide and legitimate residence” but merely a “sham” address.