Assembly committee holds hearing on presidential ballot access bills

Robert F. Kennedy Jr. gives remarks at the Renaissance Phoenix Downtown Hotel on Aug. 23, 2024 in Phoenix, Arizona. (Photo by Rebecca Noble/Getty Images)
The Wisconsin Assembly Committee on Campaigns and Elections held a public hearing Tuesday morning for Republican-authored bills introduced in response to third-party candidates in last year’s election — one who faced challenges getting on the presidential ballot and the other who wasn’t allowed to get off.
The first bill, authored by Rep. Shae Sortwell (R-Two Rivers) and Sen. Andre Jacque (R-New Franken), would allow third-party presidential candidates to gain access to Wisconsin’s presidential ballot without their party having any members holding elected office in the state.
Last year, the Democratic National Committee filed a complaint arguing the Green Party was not eligible to be on the presidential ballot because state law requires presidential electors nominated in October to be chosen by state officers and legislative candidates.
The statute states that presidential electors must be nominated by each political party’s state officers, holdover state senators and candidates for the state Senate and Assembly. The Democrats argued the Green Party doesn’t have anyone who qualifies, so it couldn’t be on the ballot.
The Wisconsin Supreme Court dismissed the DNC’s lawsuit against the Green Party. Jill Stein, the party’s nominee for president, received 12,275 votes, about 0.4% of the statewide total.
In his remarks introducing the bill, Sortwell said the effort to exclude the Green Party from the ballot was “an attack upon democracy.”
“No political candidate should be restricted ballot access and discouraged to run because their respective party has not yet won a political office,” Sortwell said. “It’s rather ludicrous on its face, if you consider that a party is not entitled to a monopoly for ballot access and to certain votes. To make the law clear, this legislation protects political third parties from frivolous lawsuits by allowing the chairperson of the party’s state committee to nominate their presidential electors.”
The other bill heard by the committee Tuesday addresses Robert F. Kennedy’s failed effort to get his name off Wisconsin’s presidential ballot after he had dropped out of the race and endorsed President Donald Trump.
Kennedy had filed nomination papers with the Wisconsin Elections Commission that included the signatures of enough voters for him to qualify and be placed on the ballot. Before the Wisconsin Elections Commission met on Aug. 27 to make its final certification of candidates, Kennedy dropped out of the race and wrote a letter to the commission asking to take his name off the ballot.
Under state law, however, candidates who file nomination papers and qualify to run cannot withdraw and must remain on the ballot, unless they die. Kennedy unsuccessfully sued to have his name removed, taking the case all the way from Dane County circuit court to the Wisconsin Supreme Court and the U.S. Supreme Court.
Once the candidates are certified, county clerks begin printing and mailing absentee ballots, making it much harder to change who is on the ballot.
Under the bill, authored by Rep. David Steffen (R-Howard), qualified independent candidates for president and vice president, and all qualified candidates for the U.S. Senate and House of Representatives, the state Senate and Assembly, governor and lieutenant governor, secretary of state and state treasurer could remove their name from the ballot if they file a sworn statement withdrawing their candidacy before the WEC deadline for certifying candidates.
The bill would also make it a felony offense punishable by up to 10 years imprisonment and a $25,000 fine to file a false statement withdrawing someone’s candidacy for office.
In his testimony, Steffen said California is the only other state that doesn’t allow candidates off the ballot unless they die and that the policy is “unrealistic and somewhat embarrassing.”
“So having such a law probably made sense in the 1800s when death was more of a reality, a regular occurrence, but in current times, it seems appropriate that we develop a mechanism, like all the other states, to allow individuals who, if between the time that they submit their paperwork and the election, that they have some sort of opportunity on their own to pull themselves off the ballot,” he said.
The bill would not apply to candidates for local office. In this year’s spring election, a candidate for Madison Common Council won by a slim margin after dropping out of the race and endorsing her opponent.
Rock County Clerk Lisa Tollefson testified that her only concern is that Steffen’s proposal could limit clerks’ ability to get ballots out on time. She noted that clerks begin designing, preparing and testing their ballots long before the elections commission certifies the candidates.
For the clerks, she said, the WEC certification is the go-ahead that ballots can be printed and mailed. She said their work will be slowed down if they need to wait until the last possible moment to begin that preparation work, because a candidate might drop out.
“Those are really tight time frames, and as absentee ballots keep growing in popularity, we have to print more ballots, and printing ballots takes more time, so if we need that extra time, please don’t take any time away from us,” Tollefson said.
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