Robert F. Kennedy, Jr.’s withdrawal from the 2024 presidential race and endorsement of former President Donald Trump has sparked a complex legal and political battle over ballot access.
Democrats have threatened to legally fight to keep Kennedy’s name on the ballot where it hurts Trump.
Now, Republicans led by Sen. Ted Cruz, R-T.X., have fired back and are threatening legal challenges of their own to keep President Joe Biden’s name on state ballots.
The controversial turn in the 2024 presidential election has both major parties engaging in legal and political battles over ballots in key swing states.
In Michigan and Wisconsin, two critical Democrat-dominated battleground states, election officials have ruled that Robert F. Kennedy Jr. must remain on the November ballot, despite his recent decision to suspend his independent campaign and endorse Trump.
Michigan Secretary of State Jocelyn Benson, Democrat, claimed state law ruled that “minor party candidates cannot withdraw” at this stage.
Similarly, the Wisconsin Elections Commission voted 5-1 to keep Kennedy on the ballot, and said state statutes prohibited qualifying candidates from declining nomination onto the presidential ballot.
These decisions have sparked accusations of political maneuvering.
Critics argue that Democrats want to keept Kennedy on the ballot to benefit Vice President Kamala Harris’ ticket by potentially splitting the conservative vote.
This comes after earlier attempts by Democrats to remove fat-Left third-party candidates, such as Cornel West and the Green Party’s Jill Stein, from various state ballots.
In response to these Democratic tactics, Cruz is leading an effort to keep Joe Biden’s name on ballots in certain states, despite Biden’s withdrawal from the race.
Cruz said his move was direct retaliation against Democratic efforts to manipulate ballot access.
Legal experts are divided on whether of such challenges can work legally. David Becker, an election law expert, believes there is “absolutely no legal basis” for forcing a party to keep a withdrawn candidate on the ballot.
However, Derek Muller, a law professor at Notre Dame University, warns of a “high degree of uncertainty” in the current situation.
The controversy extends beyond ballot access and into campaign finances. With nearly $100 million in Biden’s campaign funds at stake, questions arise about the transfer of these resources to Harris’s campaign, should she become the official nominee.
Critics of the Democratic Party’s actions, including RFK Jr. himself, have accused the party of subverting democracy.
Kennedy pointed to the “coronation” of Harris as the party’s presidential nominee following what he called a Democratic establishment “soft coup” against Biden.
Republicans, including House Speaker Mike Johnson, have suggested that in some states, it might be “unlawful” to switch out a candidate who has been chosen through the primary process.
The Heritage Foundation has indicated readiness for potential pre-election litigation in Georgia, Nevada, and Wisconsin.
However, not all Republicans support these legal challenges. Ohio Governor Mike DeWine dismissed the idea of challenging the Democratic nominee’s ballot access in his state, calling it “absurd.”
As the situation unfolds, both parties are keenly aware of approaching deadlines.
Some state ballot access cutoffs began as early as August 20, which has put serious pressure on Democrats to get Harris’ name on ballots.