The complaint claims that four days later, the state Democratic Party's executive director called the Phillips adviser and recognized the ballot request but did not indicate Phillips would be.
Phillips says he will have to “waste resources to circulate petitions and gather signatures” to be on the Wisconsin ballot if his name is not chosen.
Phillips wants the court to order the elections commission to add him to the primary ballot.
Party leaders' presidential selection committee suggestions are usually accepted by the Wisconsin Elections Commission. Riley Vetterkind, commission spokesperson, did not address the lawsuit.
“As we fight Trump’s attacks on democracy we must also be vigilant against efforts by people in our own Party to do the same,” Phillips stated Monday. “Voters should choose our Party nominee without insiders trying to rig it for Joe Biden.”
Phillips received 20% of the vote in last week's New Hampshire write-in primary, which Biden easily won. Other states have certified Phillips for primary ballots.
Before judging, the Wisconsin Supreme Court must determine whether to take the case.
Non-parties had the same Wednesday deadline as the elections commission and presidential selection committee to submit reasons.
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