Why did the Wisconsin Elections Commission vote to place independent presidential candidate Robert F. Kennedy, Jr. on the ballot despite his request to withdraw?

At their Aug. 27, 2024 open meeting, five of the six bipartisan members of the Wisconsin Elections Commission voted to place independent presidential candidate Robert F. Kennedy, Jr. on the ballot.  In doing so, the majority cited a state law that prohibits a candidate who has filed nomination papers and qualified for the office from withdrawing from the race. 

Wis. Stat. § 8.35(1) states, in part: “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.”  

Some have questioned why Wisconsin law didn’t therefore require President Joe Biden to be placed on the November ballot. This is for two reasons. 

First, the nomination paper process used by Robert F. Kennedy, Jr. was not used by, and does not apply to President Joe Biden. Presidential candidates affiliated with a party with ballot status in Wisconsin (Democratic, Republican, Constitution, Green, Libertarian) follow a different ballot access process than independent candidates. Candidates affiliated with a party with ballot status in Wisconsin, such as Biden or former President Trump, are not required to turn in nomination papers. Instead, their party certifies their name to the Commission in a simplified process under Wis. Stat. §  8.16(7). On the other hand, independent presidential candidates, such as Robert F. Kennedy, Jr., are required to turn in nomination papers to the Commission under Wis. Stat. § 8.20.  

Second, the Democratic National Committee (DNC) never certified Biden’s name to the WEC because Biden withdrew from the race before the party’s nominating convention. Once the convention was complete, the DNC certified the name of Kamala Harris to the WEC as the Democratic Party’s presidential candidate.