MADISON, Wis. (CN) — The Wisconsin Supreme Court on Friday gave the greenlight to Minnesota Congressman Dean Phillips to appear on the ballot for the Badger State’s presidential primary election on April 2.
Phillips sued the Wisconsin Elections Commission and Wisconsin Presidential Preference Selection Committee in Wisconsin’s highest court on Jan. 26 over his exclusion from the ballot, which he said was done without considering whether he met requirements for national news media recognition necessary to be put on the ballot under Wisconsin statutes.
The high court responded to Phillips’ emergency petition with a 10-page per curiam order on Friday saying the selection committee “failed to demonstrate that it exercised its discretion” under the relevant statute and case law and ordered the elections commission to place Phillips on the ballot as a candidate for President of the United States.
According to the court, Ben Wikler, chair of the Democratic Party of Wisconsin had listed only the name of President Joe Biden for the Democratic Party at a selection committee meeting on Jan. 2 to determine each party’s primary candidates, and the selection committee unanimously adopted each party’s selections.
“The selection committee held no discussion about Phillips or any other Democratic presidential primary candidate. The entire meeting lasted just over five minutes,” the justices said.
Ordinarily the court would remand Phillips’ case back to the selection committee, but the elections commission advised the justices that a certified list of candidates needs to be finalized soon so local election officials can start preparing, printing, delivering and mailing absentee ballots by pressing deadlines.
Because of the tight window — clerks only have until Feb. 15 to send absentee ballots to military or overseas voters under elections commission deadlines, for example — the justices concluded there was no time to send the matter back to the committee. Instead, the court simply ordered Phillips name to be placed on the ballot and told the elections commission to “promptly transmit the certified list of candidates” to county clerks once the long shot candidate is on it.
Tim Burns, Phillips’ attorney with the Madison firm Burns Bair, applauded the court’s decision, calling it a win for democracy.
“It’s a victory for ballot access, so we’re thrilled to play a small part in that. We’re happy to see the Supreme Court took its earlier case law on this issue very seriously and ruled in our favor,” Burns said.
In a statement on Phillips’ campaign website, the campaign’s senior strategist Jeff Weaver said the court “struck a blow against the anti-democratic attempts by Biden allies” to keep Phillips off the ballot.
The third-term congressman launched his presidential bid in October 2023 after weeks of rumors that he would challenge Biden and complicate the president’s status as the presumptive Democratic nominee. He has since become a sharp-elbowed critic of the Democratic establishment and Biden, who he says is too old to remain the leader of the free world.
Phillips netted around 20% of the vote in New Hampshire’s primary on Jan. 23, compared to about 5% for self-help guru Marianne Williamson. Biden was not officially on the ballot, but write-in nods helped him get 70% of the vote anyway.
The president, Phillips and Williamson are all on the ballot for South Carolina’s upcoming Democratic primary on Feb. 3.
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