In a verdict late on Friday, after the filing deadline was over, Kanye is not eligible to vote for the presidency in the battlefield of West Wisconsin.
The decision was made by Brown County Circuit Judge John Zakowski who ruled in favor of the Wisconsin Election Commission.
West filed a suit against the Election Commission’s previous decision to remove him from the ballot as his nomination papers were presented in 14 seconds after the deadline of 5 pm on 4 August.
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Kanye West (pictured at a South Carolina rally in July) after missing a decisive deadline is not eligible for a presidential vote in the battlefield Wisconsin.
In West’s case, Zakowski decided that the State Election Commission was correct in determining that the composer missed the 5pm filing deadline to get a presidential ballot.
The judge said, “The unfortunate fact is that the dispute could have been avoided as representatives of the West had already arrived.”
‘Candidates are required to plan ahead and come to the building and file papers in the Commission’s office before the deadline, there are no exceptions under the statute or related case law.’
West had argued that the deadline had not expired until 5.01 pm and that the staff of the commission still accepted the papers, regardless of time. The commission voted that West missed the deadline of a few seconds or several minutes.
According to the lawsuit, commission staff should have opened the doors to the building at 4.40 pm to accommodate late-arriving filers.
But the commission’s building has been closed since the coronovirus epidemic began. West’s campaign staff had to call the commission before 5 pm to open the doors.
A member of the commission said that the representatives of the West do not place nomination papers at the counter till 5.01 pm.
It was several minutes before the 5-minute deadline, until the papers were organized and officially accepted.
West filed a lawsuit against the Election Commission over a previous decision to remove him from the ballot as his nomination papers were presented 14 seconds after the 5 pm deadline on 14 August. On September 9, a voter is depicted in Wisconsin.
West’s attorneys did not immediately retract a message seeking comment.
West announced a presidential bid in July, saying he was seeking the country’s highest post on a ticket called the ‘Birthday Party’.
Democrats claim that Republicans are advancing West’s candidacy in swing states to seek a black vote from Democratic presidential candidate Joe Biden.
The ruling is likely to be swiftly appealed to the conservative-controlled Wisconsin Supreme Court.
That court on Thursday barred absentee ballot mail while considering whether Green Party presidential candidate Howie Hawkins should be added.
The delay is being seen in Wisconsin, a swing state that President Donald Trump narrowly won in 2016 and elections are tight again this year.
State law requires ballots to be mailed by September 17 to more than 1 million voters who have requests on file. The federal law to send ballots to foreign and military voters also has a September 19 deadline.
Those deadlines may preclude the Wisconsin Supreme Court, 4-3 is controlled by conservatives, which should be on the ballot.
The State Election Commission has argued that printing new ballots will not only be expensive this late, but it can also lead to ‘confusion and disorder’ and is also not possible.
Whether West and Hawkins are allowed on the ballot could have a significant impact in razor-pass Wisconsin.
Green Party 2016 presidential candidate Jill Stein won 31,006 votes in the state over Democrat Hillary Clinton, exceeding Trump’s 22,177-vote margin.
Thousands of state ballots have either already been mailed or were being prepared to be sent when the state supreme court pressed the cease-fire button on Thursday.
The Election Commission did not have an accurate count of how many ballots were sent.
While September 17 is the deadline for clerks to mail absentee ballots, those who already have a request on file, anyone who requests it later will still be sent a ballot.
October 29 is the deadline for most voters to request a ballot by post. Returned ballot must be received by polling time around 8pm on election day.
Election officials have been appealing to voters to return their ballots at the earliest as there was concern with slow postal delivery and the expected unprecedented number of absentee ballots.
State election officials have estimated that approximately 2 million of the state’s more than 3 million eligible voters will vote absentee ballots, largely because of concerns about the coronovirus epidemic.