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Wisconsin candidates now have a path to get off the ballot besides dying, thanks to a proposal Gov. Tony Evers signed into law on Friday.
The proposal was triggered by 2024 presidential candidate Robert F. Kennedy Jr.’s failed attempt to withdraw from the ballot in a bid to boost President Donald Trump’s candidacy. The case made its way to the Wisconsin Supreme Court, which rejected Kennedy’s argument after a lower court ruled that death was the only way for nominees to drop off the ballot.
Under the measure that Evers, a Democrat, signed into law, candidates can now get off the ballot as long as they file to withdraw at least seven business days before the Wisconsin Elections Commission certifies candidates ahead of the August and November elections, and pay processing fees to the Wisconsin Elections Commission. The measure doesn’t apply to the February and April elections.
Many county clerks had opposed an earlier version of the legislation because the originally proposed deadline to drop out would have disrupted tight timelines to prepare, print, and send off ballots on time. That deadline would have allowed candidates to get off the ballot any time before the election commission certified candidates’ names.
To address those concerns, Rep. David Steffen, the Republican author of the measure, amended the proposal to require candidates to let the commission know at least seven business days ahead of time. The law also would charge anybody impersonating a candidate to get off the ballot with a felony.
The measure passed the Assembly with a voice vote. It passed the Senate 19-14, with just two Democratic votes in favor.
Steffen called the new law a win for Wisconsin voters, adding in a statement that it will “reduce unnecessary voter confusion.”
Clerks say they can adjust to ballot law
The new law won’t change operations much, said Wood County Clerk Trent Miner, a Republican in a county of about 74,000. Miner’s office programs and prepares the county’s ballots, which he said would make readjusting the ballots easier.
La Crosse County Clerk Ginny Dankmeyer, a Democrat, said a candidate dropping out at the last minute would still lead to extra hours of work, since ballots are generally ready to be printed by then. But Dankmeyer added that it’s still doable and won’t stress her out. She said the new deadline is far better than the originally proposed one.
The Wisconsin law prohibiting withdrawal in cases besides death stood out nationwide as unusually strict. The state used to allow nominees to drop off the ballot if they declined to run, but it changed the policy in 1977 to the one that was active until Evers signed the new law last week.
Many other states allow nominees to drop off the ballot between 60 and 85 days before an election. Some states require polling places to have notices clarifying candidates’ withdrawal if they drop out after ballots are already printed.
Kennedy’s attempt to get off the ballot last year shocked clerks, who had already printed their ballots when his case was moving through the courts.
His lawyers requested that clerks cover up his name on the ballot with stickers, a proposal that clerks said could lead to tabulator jams and disenfranchised voters. Kennedy still received 17,740 votes, or about 0.5% of the vote. Trump won the state by a little less than a percentage point.
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at ashur@votebeat.org.
