Robert F. Kennedy Jr., who just days ago gave up his independent presidential bid and endorsed former President Trump as part of a Democratic dynasty, cannot exclude himself from appearing on the ballot in two key battleground states, Michigan and Wisconsin.
Kennedy will remain on Michigan's ballot as the Natural Law Party's candidate for president, which was nominated at the party's convention this year.
“Because minor party candidates cannot withdraw, Ms. Benson's name will remain on the ballot in November's election,” Sheri Hardmon, a senior spokesperson for Michigan Secretary of State Jocelyn Benson, said in a statement to NBC News.
Meanwhile, the Wisconsin State Board of Elections voted Tuesday to remove Kennedy from the presidential candidate list despite Kennedy's request to be removed, and also rejected an attempt by Democrats to remove independent candidate Cornel West. An effort by the Democratic elections board to remove Green Party candidate Jill Stein from the list 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 in Glendale, Arizona, on August 23, 2024. Kennedy announced 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 a letter to the Wisconsin State Elections Commission on Friday asking that his name be removed from the ballot.
In a speech on Friday formally dropping out of the race, Kennedy said he would try to remove his name from the ballot in battleground states where his candidacy could sway the election, but added that he was not officially dropping out and that his supporters, whether Republican or Democratic, could still support him in the majority of states that were unlikely to affect the outcome.
“I intend to remove my name from about 10 battleground states where my presence on the ballot would jeopardize their votes. I have already begun that process and am urging voters not to vote for me,” Kennedy said. “Pollutions have consistently shown that leaving me on the ballot in battleground states is likely to hand the election to Democrats with whom they disagree on the most fundamental issues.”
Wisconsin Republican committee members pressed to grant Kennedy, who suspended his campaign last week to endorse Trump, a request to stay off the ballot. The committee stalled over objections from Democrats, who pointed to a Wisconsin law that says once a candidate declares their candidacy, they remain on the ballot unless they die.
Robert F. Kennedy Jr. listens to former President Donald Trump speak during a campaign rally at Desert Diamond Arena in Glendale, Arizona, on August 23, 2024. (Rebecca Noble/Getty Images)
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“We know that Trump and Kennedy are playing a game,” Democratic election commissioner Mark Thomsen said, according to the Associated Press. “Whatever game they're playing, they have to play it because Kennedy is on the ballot.”
“The law literally says, 'Anyone who has filed paperwork to run and is eligible to appear on the ballot cannot withdraw from the race. Their name will appear on the ballot unless they die,'” committee Chairwoman Ann Jacobs said in a video of the meeting released by Wisconsin Eye, a nonprofit public policy network.
“You're emotionally saying, 'This shouldn't be the law.' The law in this case is very clear,” she added. “I don't disagree with you. It's odd, but I don't think we have any discretion here.”
Former presidential candidate Robert F. Kennedy Jr. speaks at the Renaissance Phoenix Downtown Hotel on August 23, 2024 in Phoenix, Arizona. (Rebecca Noble/Getty Images)
Republican committee member Don Millis said he struggled with state law that requires candidates to appear on the ballot if they run. After his motion to remove Kennedy failed 3-3, Millis and another Republican committee member joined 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 committee endorsed eight candidates for Wisconsin's presidential election: Democrat Kamala Harris, Republican Donald Trump, Constitution Party candidate Randall Terry, Libertarian Party candidate Chase Oliver, Dela Cruz, Kennedy, West and Stein.
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Whether independents or third-party candidates appear on the ballot could be a key factor in a state where four of the last six presidential elections have been decided by margins of between 5,700 and about 23,000 votes.
The Associated Press contributed to this report.
