The Wisconsin Supreme Court has ruled that Rep. Dean Phillips (D-Minn.) must be included on the state's Democratic primary ballot. The court found that the bipartisan presidential selection committee failed to discuss Phillips' candidacy while quickly approving President Joe Biden's name during a brief meeting in January. The court's opinion states that the committee "held no discussion about Phillips or any other Democratic presidential primary candidate." Wisconsin statutes require that candidates who are "generally advocated or recognized in the national news media" be placed on primary ballots, and Phillips has made several appearances on national news programs since launching his campaign last October.

Phillips, who received just under 20% of the vote in last month's New Hampshire primary as a write-in candidate, accused the Democratic National Committee (DNC) of obstructing the primary process by changing the schedule, refusing to hold debates, and preventing the engagement of delegates from New Hampshire. He argued that the committee's failure to include him on the ballot was a threat to democracy. The court ruled that the committee had "erroneously exercised its discretion" and that there was no evidence suggesting it was too late to add Phillips' name to the ballot.

In addition to Phillips, the selection committee also placed former President Donald Trump and five other Republican challengers on the ballot, including four who have since suspended their campaigns. Phillips' lawsuit, filed on January 26, demanded that the Wisconsin Elections Commission add his name to the ballot. The court gave the committee and the commission until Wednesday to respond to Phillips' case.

Phillips is seeking swift action from the court in order to avoid conflicts with the deadlines for distributing absentee ballots ahead of the April 2 primary. He argued that his request to be included on the ballot was illegally ignored by the committee and the commission. The Wisconsin Elections Commission traditionally accepts recommendations from party leaders brought forward by the presidential selection committee. Phillips is asking the court to order the commission to add him to the list of certified candidates on the primary ballot.

However, the committee and the commission argued in their joint response that Phillips filed his lawsuit too late. They stated that Phillips had known since January 2 that his name was not included as a candidate but did not start a petition drive or file a lawsuit until January 26. They also emphasized the need to meet ballot distribution deadlines, as military and overseas voters must receive their ballots by February 15. They asked the court to reject Phillips' lawsuit by Friday to ensure timely ballot preparation.

The Wisconsin Supreme Court ordered the elections commission on Thursday not to transmit the presidential primary ballot to county clerks while it considers Phillips' attempt to be added as a candidate. The court has yet to decide whether it will rule in the case, but it has accepted arguments from Phillips, the commission, and the selection committee. Phillips, the only Democrat in elected office challenging Biden, is running a long-shot primary bid.