Wisconsin denies RFK Jr. request to be removed from ballot after endorsing Trump

The Wisconsin Elections Commission on Tuesday voted to keep Robert F. Kennedy Jr. on the state’s November presidential ballot, thwarting the former third-party candidate’s plan to remove his name from ballots in key battleground states set to decide the 2024 presidential election.

The Wisconsin Elections Commission voted 5-1 Tuesday to keep Kennedy’s name on its ballot in keeing with state law, which dictates that, “Any person who files nomination papers and qualifies to appear on the ballot may not decline nomination.”

A spokesman for Trump did not immediately respond to CNBC’s request for comment on the state’s decision.

Kennedy suspended his long shot bid for the White House on Aug. 23, and endorsed Republican nominee Donald Trump for president.

Appearing with Trump in Arizona, Kennedy said his name would remain on the ballots in most states.

But “in about ten battleground states where my presence would be a spoiler, I’m going to remove my name,” Kennedy said. “I’ve already started that process and urge voters not to vote for me.”

The move is widely viewed as effort to help Trump by making sure that Kennedy voters not have the option to cast their ballots for him in states that could be decided by tiny margins of voters.

Polling initially indicated that Kennedy’s exit from the race would likely help Trump more than it would benefit his opponent, the Democratic nominee Vice President Kamala Harris.

That’s in part because Kennedy is much more popular with Republicans than he is with Democrats, making Trump better positioned to pick up would-be Kennedy voters than Harris is.

But this strategy works best if voters do not have the option to vote for Kennedy, because his name does not appear on the ballot.

But Kennedy’s strategy of dropping out and seeking to remove his name from the ballot in key states is not going entirely to plan.

In Wisconsin, Michigan, Nevada and North Carolina — four battleground states — Kennedy’s name will likely remain on the ballot through November.

In April, Kennedy secured a spot on Michigan’s ballot as the nominee of the Natural Law Party.

Per state law, it’s too late for the Natural Law Party to select new electors, so Kennedy’s name will stay on the ballot, Cheri Hardmon, senior press secretary for Michigan’s secretary of state, told CNBC in an email.

In Michigan, “Minor party candidates cannot withdraw,” Hardmon wrote.

In North Carolina, Kennedy is set to appear on the ballot as the We The People Party’s nominee.

As of Tuesday, “That party has not informed the State Board of any plans to change its nomination,” Patrick Gannon, a spokesman for the North Caroline State Board of Electors, told CNBC in an email.

“If We The People officially withdraws his nomination, the State Board would have to consider whether it is practical to remove his name from ballots and reprint ballots at that time,” he added.

Gannon said that North Carolina begins mailing absentee ballots on Sept. 6, and that as of Tuesday morning, more than half of the state’s 100 counties had already started printing ballots.

And any efforts by Kennedy to remove himself from the Nevada ballot would come too late. According to Nevada state law, a withdrawal of candidacy must be submitted in person not later than seven business days after the filing deadline.

That deadline was Aug. 8 for independent candidates in Nevada, meaning Kennedy would have had to exit the race by Aug. 20.

Kennedy has withdrawn his candidacy in Arizona, Florida, Ohio and Texas, according to each state’s secretary of state. He will likely also stay off the ballots in Pennsylvania and Georgia, where his candidacy was being litigated in state courts.