Republicans propose new ballot removal law after RFK Jr. legal fight

 

MADISON, Wis. (CBS 58) -- Candidates that suspend their campaign could remove their name from Wisconsin ballots under a new bill proposed in wake of Robert F. Kenndy Jr. unable to do so in the battleground state last year.

Kennedy ended his independent campaign for president in August right before absentee voting was set to begin with some municipalities already printing ballots. He asked the state Elections Commission to not include his name on the ticket, but the commission ruled state law requires anyone who files nomination papers to be placed on the ballot.

That led to Kenedy filing numerous legal challenges seeking to withdraw his name from ballots in key swing states after ending his campaign and endorsing Donald Trump.

Kennedy successfully removed his name from ballots in Pennsylvania, Georgia, North Carolina, Arizona, and Nevada, but stayed on in Wisconsin because state law only allows candidates to withdraw their nomination if they die.

Attorneys for Kenndy then took his case to the U.S. Supreme Court, which rejected his ballot removal request. The move concerned Republicans who feared Kenney could take votes away from Trump in a state where elections are often decided by razor thin margins.

Wisconsin currently has one of the most restrictive laws in the county on ballot removal, according to the National Conference of State Legislatures.

The GOP bill, introduced by Rep. David Steffen and Sen. Van Wanggaard, would change state law to allow candidates running in federal or statewide races to rescind their name on the ballot. The proposal would not apply to major party presidential candidates due to the unique process they are selected for, according to the bill sponsors.

"If you change your mind, have a health issue or a change of heart, they should have a mechanism to remove their name as long as it's before those ballots are printed," said Steffen.

The bill would additionally require a candidate to submit a sworn statement and pay a fee to the state Elections Commission to remove their name. That fee would be $1,000 for national or statewide office and $250 for local elections, under the proposal.

Ann Jacobs, the Democratic chair of WEC, shared some concerns about the proposal. She warned it could impact signature collections in smaller communities. That's because voters can only sign one candidate's nomination papers, and if they decide to drop out, Jacobs said it could prevent another candidate from obtaining enough signatures.

"Having someone collect nomination signatures knowing they are not intending to run could effectively prevent a different candidate from running," Jacobs said. "It's certainly something to be aware of and I'm hoping [lawmakers] take that into consideration when thinking about this bill."

Jacobs also stressed how the bill might not give clerks enough time to prepare new ballots if a candidate drops out before a general election.

"I feel like the whole timeline for this is really tight," Jacobs said. "We want to give our clerks enough time as possible to print those ballots."