WILL warns last-minute ruling could sow doubt in the 2024 Presidential Election

The News: The Wisconsin Institute for Law & Liberty (WILL) filed an amicus brief on behalf of Green Party voter and a Libertarian (who wishes to consider third party presidential candidates who may be barred by the approach urged by the petition) in a case brought by a staffer of the Democratic National Committee (DNC) to remove the Green Party candidate, Jill Stein, from the presidential ballot in Wisconsin.

The DNC filed an original action in the Wisconsin Supreme Court just days before ballots are to be printed. This action is undemocratic, and the relief sought unprecedented. WILL filed this brief following an expedited deadline imposed by the Wisconsin Supreme Court, which gave parties and amicus a mere day to address important legal issues.

The Quotes: WILL Associate Counsel Skylar Croy, added, “This legal maneuver by the DNC is a true disservice to democracy and the Wisconsin Supreme Court ought not stand for it. The DNC seeks to rush the judicial process to the high court to reshape the ballot in favor of their nominee. The decision by the Court whether to take this case should not be taken lightly, and it is crucial that they consider the gravity of such a last-minute decision and the potential to sow doubt on the election.”

WILL Client, Travis Kobs, stated, “I am vehemently opposed to the actions proposed by Mr. Strange on behalf of the Democratic Party. I believe that voters’ rights to choose candidates that match their beliefs shall not be limited, as I feel Mr. Strange intends. I urge the Court to guarantee that our ballot access is not limited to Democrat and Republican parties in Wisconsin.”

WILL Client, Rita Maniotis, stated, “I am a proud member of the Green Party who votes for the candidates in favor of my values and interests. It is frankly unbelievable that the Democratic Party views my vote as a chess piece in their political game.”

Additional Background: In the brief, we outline that the United States Supreme Court has explained that ballot access must be genuinely open to all, subject to reasonable requirements. The DNC advances a new reading of Wis. Stat. § 8.18 that would effectively prevent any small or new party from getting on the presidential ballot. It is not reasonable.

We further argue that the DNC has not alleged that nomination papers are deficient; instead, he appears to claim that the Green Party candidates for President and Vice President, Jill Stein and Butch Ware, are either “conclusively . . . ineligible to be nominated or elected” or not qualified to hold office. But they meet all qualifications set forth in the United States Constitution. Wisconsin has no power to add to these requirements outlined in the US Constitution.

About WILL: WILL is a respected and reputable state-based law and policy center in Wisconsin. We have argued and won multiple cases at the Wisconsin Supreme Court and beyond. We have also received national recognition for our work assessing the 2020 presidential election and our comprehensive report is often used to counter claims made about the election being “stolen.”

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Amicus Brief, Filed 8.23.24 
Motion, Filed 8.23.24