RFK Jr. cannot remove name from ballots in 2 key battleground states

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Trump and I will continue to ‘criticize’ each other on issues we do not agree on: Robert F. Kennedy Jr.

Former Democratic presidential candidate Robert F. Kennedy Jr. reveals when it became ‘clear’ that he did not have a path to victory in the 2024 election on ‘Fox News Sunday.’ 

Robert F. Kennedy Jr. cannot remove himself from the ballot in the two key battleground states of Michigan and Wisconsin, despite discontinuing his independent run for president and the dynastic Democrat endorsing former President Trump days ago. 

Kennedy will remain on the ballot in Michigan as a candidate for the Natural Law Party, which nominated him for president during their convention this year. 

"Minor party candidates cannot withdraw, so his name will remain on the ballot in the November election," Cheri Hardmon, senior press secretary for Michigan Secretary of State Jocelyn Benson, said in a statement to NBC News. 

The Wisconsin Elections Commission, meanwhile, voted Tuesday to keep Kennedy on the presidential ballot, despite his request to be removed, and also rejected a Democratic attempt to oust independent candidate Cornel West. A move by Democratic elections commissioners to keep Green Party candidate Jill Stein off the ballot also failed. 

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Robert F. Kennedy Jr. and former President Donald Trump shake hands during a campaign rally at Desert Diamond Arena on Aug. 23, 2024 in Glendale, Arizona. Kennedy announced that he was suspending his presidential campaign.  (Rebecca Noble/Getty Images)

Trump added Kennedy and former Democrat Tulsi Gabbard to his transition team on Monday. 

Kennedy’s campaign sent the Wisconsin Elections Commission a letter dated Friday asking that his name be removed from the ballot. 

Although Kennedy has said in his speech formally dropping out of the race Friday that he would try to remove his name from the ballot in battleground states where his candidacy could be a spoiler, he added that he wasn’t formally ending his bid and said his supporters could continue to back him in the majority of states, whether red or blue, where they are unlikely to sway the outcome.

"In about 10 battleground states where my presence would be a spoiler, I'm going to remove my name, and I've already started that process and urge voters not to vote for me," Kennedy said. "Our polling consistently showed by staying on the ballot in the battleground states, I would likely hand the election over to the Democrats, with whom I disagree on the most existential issues." 

Republican members of the commission in Wisconsin pushed to grant Kennedy his wish to no longer be on the ballot after he suspended his campaign last week and endorsed Trump. The commission was deadlocked under opposition from Democrats, who pointed to Wisconsin state law that says once a candidate has filed for office, they must remain on the ballot unless they die.

Robert F. Kennedy Jr. listens during a campaign rally for former President Donald Trump at Desert Diamond Arena on Aug. 23, 2024, in Glendale, Arizona.  (Rebecca Noble/Getty Images)

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"We know Trump and Kennedy are playing games," Democratic elections commission member Mark Thomsen said, according to the Associated Press. "Whatever games they’re playing, they have to play them with Kennedy on the ballot."

"The statute literally says, 'Any person who files nomination papers and qualifies to appear on the ballot may not decline nomination. The name of that person shall appear upon the ballot except in case of death of the person,'" Ann Jacobs, the chair of the commission, said, according to video of the proceedings published by the nonprofit public affairs network known as the WisconsinEye. 

"You're giving me this touchy-feely: 'I feel like this shouldn't be the law.' The law in this case is crystal clear," she added. "I don't disagree with you — it's weird, but I don't see we have any discretion here." 

Former presidential candidate Robert F. Kennedy Jr. gives remarks at the Renaissance Phoenix Downtown Hotel on Aug. 23, 2024, in Phoenix, Arizona. (Rebecca Noble/Getty Images)

Republican commissioner Don Millis said he struggled with the state law requiring candidates to be on the ballot once they have filed. After his motion to remove Kennedy failed on a 3-3 vote, Millis and one other Republican commissioner sided with all three Democrats in voting to place Kennedy, West and Claudia De la Cruz of the Socialism and Liberation Party on the ballot as independents.

Ultimately, the commission approved eight presidential candidates for the ballot in Wisconsin: Democrat Kamala Harris; Republican Donald Trump; Randall Terry of the Constitution Party; Chase Oliver of the Libertarian Party; De la Cruz, Kennedy, West and Stein.

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The presence of independent and third party candidates on the ballot could be a key factor in a state where four of the last six presidential elections have been decided by between 5,700 votes and about 23,000 votes.

The Associated Press contributed to this report.