Milwaukee Journal Sentinel

West files lawsuit to try to get on Wisconsin ballot

- Daniel Bice Milwaukee Journal Sentinel USA TODAY NETWORK – WISCONSIN

The campaign for rapper Kanye West filed a lawsuit Friday against the state Elections Commission in a bid to get on the presidenti­al ballot in Wisconsin this November.

The 12-page suit was filed in Brown County Circuit Court.

The state Elections Commission voted 5-1 last week to keep West off the ballot because it found that his campaign had filed its nomination papers shortly after the 5 p.m. deadline Aug. 4.

West is running on the Birthday Party ticket with vice presidenti­al candidate Michelle Tidball.

Reached Friday afternoon, Michael Curran of West’s campaign had no comment. Staff for the Wisconsin Election Commission could not be reached.

In the suit, West’s attorneys focus solely on the issue of whether his campaign team filed its nomination papers on time.

They argue that state Elections Board staff members impeded the West campaign by locking the door to the building before the 5 p.m. deadline. A staffer had to unlock the door for the campaign staff to come in and file the nomination papers.

West’s campaign also says the staff failed to keep accurate track of when the ballot access papers were filed.

“The court should issue a declarator­y judgment and injunction in favor of Kanye West and Michelle Tidball causing them to be on the November 3 general election ballot,” wrote West’s attorneys, Erick Kaardal and Gregory Erickson of Minneapoli­s.

West, who is hoping to get on the ballot in a handful of states, turned in more than 2,400 signatures on his nomination papers, more than the 2,000 minimum needed for an independen­t candidate to get on the ballot in Wisconsin. West is on the ballot in Arkansas, Colorado, Oklahoma, Utah and Vermont.

But staff for the state Elections Commission

found that West’s campaign team failed to file the signatures on time. The bipartisan Elections Commission went along with the staff recommenda­tion, with three Democrats and two Republican­s voting against West.

Republican Robert Spindell voted to put West on the November ballot.

In the lawsuit, West’s attorneys repeat the argument they made before the Elections Commission that the campaign team had until 59 seconds after 5 p.m. to file the papers.

“The nomination papers for Kanye West as President and Michelle Tidball for Vice President were presented to the filing officer in compliance with the statutory text ‘not later than 5 p.m.,’” Kaardal and Erickson wrote.

The commission rejected that argument, saying it is inconsiste­nt with past actions of the election panel.

In general, Democrats are concerned that a West candidacy will siphon votes from former Vice President Joe Biden, a Democrat who will face Trump in November.

Wisconsin Republican­s took an active part in trying to get West on the ballot. At least five of his 10 electors are Republican activists or Trump supporters. Also, Lane Ruhland, an attorney for the Trump campaign in a Wisconsin lawsuit , helped file the nomination papers for the West campaign.

In fact, the West campaign is able to file its lawsuit in Brown County because one of its electors, Fred Krumberger, is based there. Krumberger is a Brown County Republican Party volunteer, and his wife, Marian, is the immediate past chairwoman of the county GOP.

One Wisconsin Republican source has said the goal is for West to get 107,000 votes, about what Libertaria­n Gary Johnson did in 2016. Trump won the state by a little more than 22,000 votes.

Earlier this week, West’s attorneys filed a lawsuit in Ohio in the hopes of getting on the presidenti­al ballot there as well.

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