Presidential candidate Robert F. Kennedy, Jr. takes the stage at the Des Moines Register soapbox Aug. 12, 2023. On Friday, Feb. 9, 2024, national Democrats alleged Kennedy has illegally coordinated with a super PAC to gather signatures for his bid. (Photo by Jay Waagmeester/Iowa Capital Dispatch)

Wisconsin’s District 2 Court of Appeals has agreed to hear former presidential candidate Robert F. Kennedy Jr.’s lawsuit asking that his name be removed from the ballot in Wisconsin. 

The court, held by a conservative majority, ruled on Wednesday that it will hear the case, in which Kennedy is attempting to get off the ballot despite having filed nomination papers  in which more than 8,000 voters signed petitions stating they want him on the ticket. 

The Wisconsin Elections Commission (WEC) previously ruled that state law requires that candidates who have filed nomination papers and have qualified must be included on the ballot unless they die before Election Day. A Dane County judge ruled earlier this week against Kennedy’s effort. 

The appeal comes as absentee voting kicks off in Wisconsin, throwing a potential wrench in the start of the voting process. As of Wednesday, local election clerks are required to begin mailing absentee ballots to voters who already have requests on file. Many clerks have gotten a head start, with WEC data showing more than 295,000 ballots have already been put in the mail. 

County clerks were also required this week to deliver printed ballots to municipal clerks, adding a potential massive cost to local governments if Kennedy’s name were to be removed and ballots need to be reprinted. At a Dane County court hearing this week, Kennedy’s attorneys suggested using white stickers to cover Kennedy’s name on ballots — an option available to election officials if a candidate dies. 

In its ruling accepting the case, the appeals court included a number of questions about the stickers it would like the parties in the lawsuit to answer in their briefs. The questions include if it matters that ballots with stickers on them have not been tested with voting equipment; if a candidate for a statewide office such as attorney general died and stickers were used, would those stickers need to be put on ballots statewide; and if election clerks have the discretion not to use the stickers if a candidate dies after ballots have been printed. 

The appeals court ruling orders that all briefs in the case be filed by Friday afternoon.