DOJ urges justices to reject Dean Phillips bid for Wisconsin’s presidential ballot

 

MADISON Wis. (CBS 58) -- State officials are urging the Wisconsin Supreme Court to reject Democratic presidential candidate Dean Phillips' lawsuit after he was left off the primary ballot, saying he waited too long to seek legal action.

Phillips, who launched a longshot bid against President Joe Biden, filed a complaint directly to the court earlier this week after a bipartisan committee unanimously decided on Jan. 2 Biden would be the lone Democratic presidential candidate on the April 2 primary ballot.

The Department of Justice, who's responded to the suit on behalf of the Wisconsin Elections Commission and the state Presidential Preference Selection Committee, said Phillip's campaign waited until "the eleventh hour" to argue his case to the court rather than collect signatures to comply with a deadline to try and appear on the ballot.

"Phillips could have spent the month of January collecting the 8,000 signatures that would have guaranteed him a place on the ballot, but instead he opted to sit on his rights," the DOJ wrote.

The filing also stressed out how the Elections Commission must send out information to county clerks soon and begin distributing absentee ballots to overseas and military voters no later than Feb. 15.

"…[It] would not be feasible to require the county clerks to complete their ballot preparation work on the truncated timeline that Phillips’ relief would necessitate.”

The response could impact Phillips' chances of getting on Wisconsin's primary ballot, but that decision will ultimately be left up to the state Supreme Court.

Phillips, a Democratic congressman from Minnesota, has voiced his outrage over being left Wisconsin and other state primary ballots.

Earlier this month, the state's Presidential Preference Selection Committee approved a list of seven candidates submitted by state party chairs to appear on the primary ballot. President Joe Biden was the only Democratic candidate approved along with six Republicans, including former President Donald Trump.

The committee has the sole power to determine which candidates appear on the ballot.

Phillip's complaint alleges the Elections Commission and the committee "abused their discretion" by excluding his name after he requested it be included.

Some Democrats, including Gov. Tony Evers, have called Philips' lawsuit "ridiculous" and suggested it's a distraction.