When Wisconsin voters flocked to the polls on April 5, one of the factors driving the high turnout was the State Supreme Court contest between incumbent Justice David Prosser and challenger JoAnne Kloppenburg. Prosser, whose term ends July 31, often casts the deciding vote on the seven-member court. He is a conservative Republican former Speaker of the Assembly seen as closely allied to Wisconsin’s controversial Gov. Scott Walker. Kloppenburg, a virtual unknown who was given little chance of success when she entered the race several months ago, was buoyed by the high passions stirred by Walker’s actions to strip government employees of their collective bargaining rights. Though the race is officially nonpartisan, it was seen as both a referendum on Walker and a chance to affect the Supreme Court’s ruling on Walker’s actions, which are likely to be reviewed by the Court in its next term. Election night results were considered too close to call, but the next day when seemingly all the votes had been tallied, Kloppenburg claimed victory with a margin of 204 votes of the more than 1.4 million total votes cast. A recount seemed inevitable.
[pullquote align=”left”][media url=”http://www.youtube.com/watch?v=ldCVBB-ruKY” width=”360″ height=”240″ jwplayer=”controlbar=bottom”][/pullquote]Then one day later, County Clerk Kathy Nickolaus of Republican stronghold Waukesha County suddenly announced in a dramatic press conference that she had forgotten to include the votes of the county’s second-largest city, Brookfield, in her tabulation. The more than 14,000 votes she added now gave Prosser a lead of almost 7,316 votes of the 1,498,880 votes cast, or 0.488%. Wisconsin picks up the tab for recounts where the margin of victory is less than 0.5%, so this falls just barely within the margin of a state-funded recount.