Wisconsin Supreme Court grants ballot access to presidential candidate Dean Phillips

MADISON — Democratic presidential candidate Dean Phillips has earned a place on Wisconsin's primary ballot, the state Supreme Court ruled Friday.

Phillips, a Minnesota congressman, filed a complaint with the Wisconsin Supreme Court on Monday over the state's Presidential Preference Selection Committee's exclusion of his name from the primary ballot. He has challenged similar decisions in Florida and North Carolina.

The court ruled unanimously that the state's Presidential Preference Selection Committee failed to demonstrate that it exercised discretion in keeping Phillips off the ballot.

The selection committee, which is made up of state Democratic and Republican party chairs, majority and minority leaders in the state Legislature, and others, met in the state Capitol last month to determine which presidential candidates will appear on the state's primary ballot.

The six candidates named by the state Republican party include: Trump, former New Jersey Gov. Chris Christie, Florida Gov. Ron DeSantis, former United Nations Ambassador and South Carolina Gov. Nikki Haley, former Arkansas Gov. Asa Hutchinson and businessman Vivek Ramaswamy. Every candidate on that list but Trump and Haley has since suspended their campaign.

The state Democratic Party presented only one name for the ballot: President Joe Biden. Phillips and author Marianne Williamson are also running as Democrats.

The committee is required by state law to include all names "whose candidacy is generally advocated or recognized in the national news media throughout the United States," and is allowed to include additional names.

Attorneys for Phillips argued in their complaint that the congressman is a nationally recognized candidate, noting that he received nearly 20% of the vote in New Hampshire's Democratic primary. Biden did not appear on the ballot, but with write-ins received about 64% of the vote.

"As we fight (Republican former President Donald) Trump's attacks on democracy we must also be vigilant against efforts by people in our own party to do the same," Phillips said in a statement. "Voters should choose the nominee of our party without insiders trying to rig the process for Joe Biden."

Candidates left off the ballot may obtain access by collecting signatures in support of their petition. The Wisconsin Elections Commission and Presidential Preference Selection Committee urged the court to reject Phillips' petition because he "sat on his rights and has arrived too late."

"During the critical four-week period between January 2 and January 30, Phillips did nothing until the eleventh hour," attorneys wrote.

Democratic Gov. Tony Evers, who is backing President Joe Biden's reelection bid, characterized the challenge earlier this week as "a distraction."

"I think the party can figure it out. I can't believe that this is going forward. That seems ridiculous to me," Evers told reporters following an event in Madison hosted by Wispolitics.com. "To me, it looks like (the committee) followed the process. I don't know what his position will be in court but it's just another distraction, frankly."

The court would normally send the issue back to the Presidential Preference Selection Committee with an order to properly exercise its discretion, the ruling noted. But because of the timeline election officials face as they prepare, print and deliver absentee ballots, "there is insufficient time" to do so.

"After Phillips' name is added to the certified list of presidential preference primary candidates, the Wisconsin Elections Commission shall promptly transmit the certified list of the candidates for the Democratic presidential preference primary to the county clerks pursuant to (state law)," the order read.

Jessie Opoien can be reached at jessie.opoien@jrn.com.

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Supreme Court grants ballot access to Dean Phillips