So RFK Jr made what is surely one of the worst ever legal arguments to the Wisconsin Supreme Court. He's trying to get off the ballot there, but since he can't get the ballots reprinted, he wants election officials to tape a sticker over his name. The state has said, basically, that it would likely clog up the voting machines and cause all sorts of tabulation errors. Before it would consider something like that, it would have to test extensively.
Kennedy's response? I will quote from his brief, verbatim.
a. Does it matter if ballots with stickers on them have not been tested with voting equipment?
No. It doesn’t matter. We should presume that this can be done—the law, again, provides for it and has provided for it for almost a half-century. But at a deeper level, the answer to the question is that the lack of testing cuts against the Commission. It has known about this suit and request for over two weeks. In that time, the Commission filed multiple briefs and gathered six declarations about the problems this could cause, but in all that time and effort no one did any testing to see what it would cause. Not a single test was done to see if the declarant’s predictions were right. Thus, the Court should reject the Commission’s declarations. Anyone can speculate about anything. If the sky were really going to fall if these stickers were used, the Court should demand more than speculation.
*****
This is insane. You couldn't pay me enough money to sign my name to that utter bullshit. It's hilarious that they are trying the trick that worked in NC -- "you've had over two weeks to act on our petition asking for special rights that we could have filed a month ago but didn't." It ain't gonna work in Wisconsin.
