Wisconsin court rejects Green Party bid to be added to ballot, allowing mailing to resume

Election workers Jeff and Lori Lutzka, right, process absentee ballots at Milwaukee's central count facility.
In this photo provided by Wisconsin Watch, election workers Jeff and Lori Lutzka, right, process absentee ballots at Milwaukee’s central count facility on Aug. 11, 2020. Wisconsin elections officials are taking multiple steps to make mail-in voting smoother in November, when most people are expected to vote absentee.
(Will Cioci/AP)

The Wisconsin Supreme Court on Monday said the Green Party’s presidential candidate should not be added to the ballot, clearing the way for local clerks to resume mailing absentee ballots to more than 1 million voters who have requested one.

The 4-3 order comes just seven weeks before the Nov. 3 presidential election in this narrowly divided state. Election officials had warned of significant delays and chaos had the court ordered Howie Hawkins added to the ballot. That would have forced clerks to reprint and mail the ballots less than two months before the election.

The Wisconsin Elections Commission in August deadlocked twice on whether Hawkins and his running mate should be placed on the ballot. Three Republican commission members said Hawkins should be on the ballot while three Democrats said he didn’t qualify because his running mate listed an incorrect address on thousands of nominating signatures. The deadlock meant he was left off the ballot.

The state Supreme Court sided with the commission in determining Hawkins should not be on the ballot.


Democrats had feared that adding Hawkins to the ballot would take votes away from Joe Biden and assist President Trump, who won Wisconsin by fewer than 23,000 votes in 2016. Rapper Kanye West is also trying to get on the state’s ballot. The court did not address his challenge, which, if successful, could result in a new ballot being ordered, causing more delays.

Both West and Hawkins are getting help from Republicans who see them as siphoning votes from Biden in this narrowly divided state. Attorneys representing the Green Party candidates have represented Republicans in prior legal battles. Several Republicans, including the former attorney for the state Republican Party, are assisting West.

GOP operatives have put Kanye West on the presidential ballot in several states, likely in hopes of drawing votes from Joe Biden.

Clerks had already mailed an untold number of ballots before the Supreme Court on Sept. 10 stopped the sending of ballots while it considered the Green Party lawsuit.

Democrats feared a delay in creating and then sending out replacement ballots would confuse voters and damp turnout. The ruling comes just ahead of a state deadline to send absentee ballots by Thursday to people who have a request on file. Saturday is the deadline under federal law to mail ballots to military and overseas voters.

Voters in Wisconsin have until Oct. 29 to request an absentee ballot by mail, but election officials have urged voters to act sooner, given expected delays in the mail. Absentee ballots must be received by 8 p.m., when polls close on election day.

Black voters in Wisconsin, a battleground state, face growing threat of disenfranchisement in a pandemic election, says Souls to the Polls leader.

State elections officials have estimated that more than 2 million of the state’s roughly 3 million eligible voters will cast absentee ballots, largely due to concerns about the COVID-19 pandemic.


Polls show a tight presidential race in Wisconsin, one of a handful of states likely to determine the outcome of the election.

Adding Hawkins to the ballot could have had a dramatic effect. The Green Party’s 2016 presidential candidate, Jill Stein, won 31,006 votes in the state — more than Trump’s 22,748-vote margin over Hillary Clinton.

There are more than 170 lawsuits nationally over election procedures, often filed by the two major parties or their allies, that have injected a new level of uncertainty into a contest already disrupted by the pandemic. Third parties are also going to court to get on the ballot in other states such as Arizona, Pennsylvania and Virginia.

Trump’s racially charged Minnesota and Wisconsin TV ads focus on the violent aftermath of the police killing of George Floyd and the shooting of Jacob Blake.