The Wisconsin Supreme Court on August 26 dismissed a Democratic challenge seeking to block third-party presidential candidate Jill Stein from appearing on the November ballot.
“We determine that the petitioner is not entitled to the relief he seeks,” justices said in an unsigned order rejecting a petition from David Strange, a Democratic National Committee (DNC) member.
In his petition, Strange argued that the Wisconsin Elections Commission wrongly decided to allow Green Party candidate Jill Stein to appear on the ballot.
According to Wisconsin law, state officers, senators, and candidates from a specific party are required to meet at the state capitol on a designated date to select electors for their chosen presidential candidate.
Lawyers for Strange argued in the petition that the Wisconsin Green Party does not have individuals who meet the necessary criteria for state officers, senators, or candidates.
As a result, they claimed the party “cannot as a matter of law field a candidate for president,” and requested that the Wisconsin Supreme Court remove Jill Stein from the ballot.
The commission stated that it did not take a stance on the petition, while the Wisconsin Green Party argued that Democrats overlooked a section of the law that separates the process of selecting electors from the eligibility of candidates to appear on the ballot.
“Nowhere in [the law] does the legislature say that failure of the political leaders to hold a convention would be fatal to a party’s presidential candidate’s candidacy,” attorneys for the party said.
They pointed out that in 2016, under similar circumstances, the Wisconsin Green Party did not hold a meeting at the capitol, yet the commission still allowed Jill Stein to appear on the ballot.
“If the DNC was so concerned that there was a violation of the Wisconsin Election code, they had 8 years to bring this lawsuit. They should not be rewarded by bringing this lawsuit at the final hour,” the attorneys said.
Democrats have filed lawsuits in several states seeking to remove third-party candidates such as Jill Stein and Cornel West from the ballot as they work to defeat former President Donald Trump for a second time.
West was denied a spot on the Pennsylvania ballot this week after a judge determined he lacked the required affidavits for some of his electors.
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