Green Party candidate Jill Stein to remain on Wisconsin's ballot, court rejects lawsuit

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MADISON, Wis. (CBS 58) -- The state Supreme Court rejected a Democratic lawsuit that sought to remove Green Party candidate Jill Stein from Wisconsin ballots.

On Monday, the liberal leaning state Supreme Court decided not to hear a challenge brought forth by a staffer with the Democratic National Committee over concerns Stein could take votes away from their nominee, Vice President Kamala Harris, in a crucial swing state where elections are often decided by razor thin margins.

Justices did not elaborate on their decision but called the case "moot," noting the Democratic staffer wasn't entitled to the argument he filed.

“This is a big win against the anti-Democratic Party’s war on democracy and voter choice,” Stein said in a statement. “Today justice prevailed, we beat back the DNC’s attack, and voters in Wisconsin will still have an anti-genocide, pro-worker, climate action choice in this election.”

The court acted quickly on the case as election officials are preparing to print and send absentee ballots to voters who request them in a matter of weeks.

Members of the Wisconsin Green Party celebrated the court's decision after they argued voters should have an alternate candidate this fall.

"I'm elated that the Supreme Court threw this out," said Pete Karas, elections committee chair of the Wisconsin Green Party. "I think the Democrats were between a rock and a hard place."

Karas added that while he's happy with the outcome, he's disappointed they had to waste resources arguing the case, which he called "ridiculous."

The lawsuit claimed Stein and her running mate Butch Ware cannot legally appear on the November ballot because the Green Party doesn't have official state officer holders, or lawmakers, who are needed to nominate presidential candidates.

The state Supreme Court agreed to hear the case Thursday after Democrats previously filed a complaint against the Wisconsin Elections Commission challenging Stein's access on the presidential ballot.

WEC denied the case, prompting the state's high court to step in.

This marks the second time in recent years the court has weighed in on the Green Party ballot status.

In 2020, the court, then controlled by conservatives, voted to remove Green Party presidential candidate Howie Hawkins on the ballot after the commission was unable to reach a consensus over questions related to signatures he collected on nomination papers.

Monday’s ruling comes as another political debate over ballot access is just beginning.

Robert F. Kennedy Jr., who dropped out of the presidential race Friday and endorsed former President Donald Trump, will likely remain on the November ballot after qualifying weeks ago.

Ahead of their meeting Tuesday, WEC recommended Kennedy stay on Wisconsin’s ballot. That's because under state law, if a candidate already qualifies for the November ballot, they cannot decline their nomination.

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