Wisconsin: If There Is A Wisconsin Recount, What Happens Next? | The UpTake

The election battle seen as a proxy between Wisconsin Governor Scott Walker and foes of his anti-union legislation may end or open a new chapter today.
Wisconsin Supreme Court candidate JoAnne Kloppenberg has until 5pm today to request a recount in her very close race with incumbent Supreme Court Justice David Prosser.

While the margin is close enough for the state of Wisconsin to pay for the recount, Kloppenberg still has to decide if she wants to put herself through what could be several months of legal action and whether she and her supporters have enough money to pay the legal bills of the lawyers that will be needed in the fight. Legal fees for the 2009 US Senate recount in Minnesota ran close to $10 Million for each side and the principle lawyers from that fight have been retained by Kloppenberg and Prosser for this fight.

Wisconsin: Waukesha canvass gets OK – JSOnline

The state’s top election watchdog agency announced Tuesday that it has satisfied itself that results certified by Waukesha County Clerk Kathy Nickolaus for the April 5 election are consistent with totals reported by municipalities, though “a few anomalies” were found in a four-day investigation. Those discrepancies involved only a handful of votes.

“After completing the review of the election materials from Waukesha County, there were some discrepancies found in the Government Accountability Board’s evaluation of the Waukesha County election returns that could not be explained based upon the documentation reviewed,” the board staff said in a statement.

Wisconsin: Prosser Campaign Vows to Block a State-Sponsored ‘Recount’ in Wisconsin Supreme Court Election Debacle | The Brad Blog

Via Eric Kleefeld at TPM… “Wisconsin Supreme Court Justice David Prosser held a press conference at the state Capitol on Monday, in which he declared victory in his reelection race — and at which his campaign advisers said they would object to any recount that might be requested by Prosser’s opponent, Assistant Attorney General JoAnne Kloppenburg.”

The Prosser campaign went on the offensive at the presser in hopes of keeping a state-wide examination of ballots, meant to ensure the true winner of the 10-year term on the state’s high court, from taking place at all.

Voting Blogs: SaveOurVotes: Flawed Wisconsin Race Proves Need for Transparency, Accountability in Election Procedures

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.

Full Article: SAVE our Votes: Flawed Wisconsin Race Proves Need for Transparency, Accountability in Election Procedures.

Wisconsin: State investigating vote irregularities in Waukesha County going back 5 years | Wisconsin State Journal

The state’s investigation into vote irregularities in Waukesha County will stretch back at least five years, the head of the Government Accountability Board said Thursday. Questions over vote totals in Waukesha have lingered over the past week after County Clerk Kathy Nickolaus announced she failed to report more than 14,000 votes from the city of Brookfield in initial vote totals.

The new total gave incumbent Supreme Court Justice David Prosser a lead of about 7,000 votes over challenger JoAnne Kloppenburg in the hotly contested state Supreme Court race. Official results in that race have not yet been announced. Now questions have emerged over Nickolaus’ published vote counts from as far back as the fall of 2006, when there were key statewide elections including races for governor and attorney general.

Editorials: Paul Malischke: Election methods need improving | Wisconsin State Journal

Monday’s Wisconsin State Journal editorial, “State needs streamlined count,” calls for a website to fix our vote counting situation. Actually, Wisconsin needs to pay more attention to assuring that the vote count is correct.

Wisconsin falls well short of having a reliable end-to-end system. We need to improve the method of appointing the members of the boards of canvassers, elect county clerks in nonpartisan elections and evaluate whether recounts should always include partial or full hand counts of the ballots.

Wisconsin: Wisconsin Democrats Calling for Hearings, Probes into Nickolaus’ Election Results | Brookfield, WI Patch

The Democratic Party of Wisconsin today asked state elections officials to review the Waukesha County vote tally in the 2006 state Attorney General election, after a liberal blogger pointed out there were about 17,000 more votes recorded than ballots cast.

Waukesha County Clerk Kathy Nickolaus posted an asterisk on the 2006 results on the county’s web site, with a note that said votes that are hand-counted and not electronically cast through machines are not included in the ballots cast figure.

Wisconsin: Wisconsin Awaits Outcome of Supreme Court Vote | NYTimes.com

A full week after voters in Wisconsin cast ballots for the State Supreme Court in a volatile, topsy-turvy contest that had become a referendum on the state’s new Republican leadership, the state was still waiting for the final outcome.

By Tuesday, Wisconsin’s top election monitors were investigating how more than 14,000 votes had been overlooked for a time in one Republican-leaning county. Democratic leaders in that county, Waukesha, were calling for the resignation of the clerk who had made the error, and she was refusing to go.

Wisconsin: Waukesha County Wisconsin Auditor Nickolaus fends off calls for resignation | JSOnline

Waukesha County Clerk Kathy Nickolaus, under blistering attack by critics since an election night reporting error that temporarily reversed results of the Supreme Court race, on Tuesday rejected calls that she resign. “I will serve the remainder of my term,” Nickolaus said in a written statement. “I understand why people are upset and I am taking this matter seriously. Again, I am sorry for my mistake.”

Earlier Tuesday, Waukesha County Democratic Party Chairman Victor Weers said in a news release that not only has the clerk’s vote-counting and reporting process produced problems, but “Ms. Nicholaus (sic) has willfully ignored pleas to repair her broken reporting process in an open and technologically reliable way.” “We must have a county clerk that we can trust to do this important work of the people with competence, security and openness. Waukesha must have a new county clerk now.”

Editorials: Lisa Pease: More Twists and Turns in Wisconsin | Consortium News

I’m still mulling over the recent Wisconsin election in general and the actions of Waukesha County’s County Clerk Kathy Nickolaus in particular. She was the one who forgot to record votes that would have made her former boss, Justice David Prosser, the winner in a hotly contested election.

After my first report on this strange set of circumstances, data surfaced to show that the missing city’s data had been reported earlier by the city itself. The numbers Nickolaus reported were an exact match. So it doesn’t look like anyone made up the numbers for the missing town’s results in Brookfield. And then there was the stamp of approval from Democratic Party member Ramona Kitzinger who said the numbers “jived” with what she had been shown.

Wisconsin: Democrat on Waukesha County vote panel speaks out | JSOnline

The Democrat on the Waukesha County Board of Canvassers who was widely quoted as endorsing the county clerk’s official ballot count that flipped the state Supreme Court winner last week said Monday that she was never told about more than 14,000 missing votes from the city of Brookfield until shortly before a Thursday news conference. By then, the three-member board had finished its canvass, which had started midday Wednesday.

The Waukesha County Democratic Party released a statement Monday ascribed to Ramona Kitzinger, 80, a member of the canvassing board since 2004. In the statement, Kitzinger said that even during the canvass of Brookfield’s votes during the day Thursday, no mention was made of the big mistake, something in retrospect she called “shocking and somewhat appalling.”

Full Article: http://www.jsonline.com/news/waukesha/119627189.html

Wisconsin: Statement & Account of Ramona Kitzinger, Waukesha Board of Canvassers member since 2004

On Tuesday night, I received a voice message from someone in the office of Clerk Kathy Nickolaus informing me of a Wednesday canvass meeting, which I returned the next morning and said I would be able to report into the canvass by noon – which I did. Normally the canvass would begin at 9am on Thursday, as has been the general practice for many years. No one explained why they were beginning the canvass on Wednesday, just to please report immediately.

Before this telephone call, I had not been contacted as the designated Democratic observer, and I saw no public notice of the abnormal canvass time. The phone call simply instructed me to report by noon to begin the canvass, which I did. The canvass then proceeded as normal, with no glaring irregularities or mention of a possible 15,000 vote error in Brookfield City.

Wisconsin: More Controversy Clouds Wisconsin Supreme Court Race | Wall Street Journal

The Wisconsin Supreme Court election that could affect a contentious union-rights law just got even messier. On Monday, the 80-year-old Democratic election observer who vouched for the conduct of the Waukesha County Clerk in the April 5 state Supreme Court race said she was kept in the dark and now isn’t sure what happened.

Last week, observer Ramona Kitzinger told reporters that the numbers Waukesha County Clerk Kathy Nickolaus reported “jived” with what she witnessed. On Monday, the Waukesha Democratic Party released a statement ascribed to Ms. Kitzinger saying she’s “very, very confused about why the canvass was finalized.”

Editorials: To resolve Wisconsin’s state Supreme Court election, flip a coin | The Washington Post

Wisconsin’s already-fraught politics got even crazier last week when a bitterly contested, high-turnout state Supreme Court election ended in a near tie. Incumbent Justice David Prosser leads challenger JoAnne Kloppenburg by less than 0.5 percent, which means Kloppenburg has the right to a state-funded recount.

We are probably headed toward a long, expensive, law-snarled process — much like Florida in 2000 or the Minnesota Senate election in 2008. This is no way to pick a judge. And any mathematician can tell you a better, fairer and less expensive way: Flip a coin.

Choosing election winners by coin toss when there’s an exact tie is a time-honored tradition in states from Illinois to Alaska; just last Friday, a coin flip settled a school board election in Crawford County, Kan. It’s time to extend that tradition to elections so close that there’s no hope of being sure who “really won.”

Wisconsin: Prosser open to Waukesha County recount | JSOnline

Justice David Prosser’s campaign said Saturday that it was open to a recount of votes in Waukesha County as the state Supreme Court race remained without a declared winner. “If you need to do a recount in Waukesha (County) and Waukesha (County) alone to satisfy heightened interest, that’s fine,” said Prosser campaign manager Brian Nemoir. “We believe it will only affirm the margin of victory we now enjoy.”

In Waukesha County, thousands of votes from the city of Brookfield were not reported by the county clerk on election night but were discovered the day after. Prosser’s margin of victory in Brookfield helped push him ahead of challenger JoAnne Kloppenburg. Kloppenburg’s campaign manager, Melissa Mulliken, said of the proposed Waukesha County recount, “That is their talk. Once again, we’re evaluating the data, looking at what we’ve got.”

Wisconsin: Clarification of Election Night Reporting | City of Brookfield Wisconsin

The City of Brookfield submitted the election results from the April 5th Election to the County Clerk at 10:05 p.m. on April 5th and called the County to make sure they received the results and they were in the correct format.  We were informed that they were received and in the correct format.  The same results were sent to the Milwaukee Journal-Sentinel, Brookfield Patch and placed on the City of Brookfield’s website.

The  Elmbrook and Waukesha  School Districts were also called with their results. Due to an error at Waukesha County, the votes reported by the City of Brookfield were not included in the totals sent by the County to the Government Accountability Board on April 5.  On Thursday April 7, as a result of its canvass of votes, Waukesha County determined that the votes for the City of Brookfield were not included in its April 5 submission.  The County has included all votes cast in the City of Brookfield in its final submission of canvassed votes to the State, which submission was made on April 7.

Wisconsin: Wisconsin Election Surprise: David Prosser Gains 7,500 Votes After ‘Human Error’ In Waukesha County | Huffington Post

In a dramatic turn of events on Thursday, the Waukesha County clerk announced that the vote total announced for Tuesday’s Wisconsin Supreme Court race had been mistaken — and that the corrected numbers changed the outcome of the entire election.

There were 3,456 missing votes for Democratic-backed challenger JoAnne Kloppenburg and 11,059 for incumbent GOP-backed Justice David Prosser. Kloppenburg has previously been beating Prosser by just 200 votes of the roughly 1.5 million cast statewide. The new total puts Prosser on a significant path to victory, about 7,500 votes ahead of Kloppenburg. Waukesha County Clerk Kathy Nickolaus announced the news in a press conference at 5:30 p.m. local time, sounding nervous and, at times, on the verge of tears.

Wisconsin: Vote-Counting Error In Wisconsin Points to Incompetence, Not Conspiracy – NYTimes.com

When Kathy Nickolaus, the county clerk in Waukesha County, Wisconsin, spoke to the press on Thursday after revealing that she had failed to count more than 14,000 ballots in the hotly contested state supreme court election, one might have expected her to offer her resignation. Instead, Ms. Nickolaus blamed “human error” for the problem, which resulted in the failure to tally any votes from the city of Brookfield, which accounts for about 11 percent of her county’s voters. Most of the 14,315 uncounted votes were cast for the more conservative candidate, David Prosser.

As a result, Mr. Prosser — who had been about 200 ballots behind JoAnne Kloppenburg in a contest that seemed bound for a recount — had a net gain of more than 7,500 votes, and now has an overall lead of about that size. Although the election may still go to a recount, it is now highly unlikely that the outcome will change, unless another county discovers a discrepancy of the same magnitude, but in Ms. Kloppenburg’s favor. The human who made the error was none other than Ms. Nickolaus, who said she had failed to save a computer file after entering Brookfield’s results.

Editorials: The Ugly Politics of Fitzwalkerstan: Wisconsin GOP Official “Finds” Votes to Reverse Defeat of Conservative Justice | The Nation

Suppose the Democratic governor of Illinois had proposed radical changes in how the state operates, and suppose anger over those proposed changes inspired a popular uprising that filled the streets of every city, village and town in the state with protests. Then, suppose there was an election that would decide whether allies of the governor controlled the state’s highest court. Suppose the results of that election showed that an independent candidate who would not be in the governor’s pocket narrowly won that election.

Then, suppose it was announced by a Democratic election official in Chicago that she had found 14,000 votes in a machine-controlled ward that overwhelmingly favored the candidate aligned with the Democratic governor. And suppose the Democratic official who “found” the needed ballots for the candidate favored by the Democratic governor had previously been accused of removing election data from official computers and hiding the information on a personal computer, that the official’s actions had been censured even by fellow Democrats and that she her secretive and erratic activities had been the subject of an official audit demanded by the leadership of the Cook County Board.

Wisconsin: Prosser Picks Up 7,500-plus Votes in Waukesha County Clerk Snafu | Shoreqood Patch

In a stunning development that instantly changed the race for the state Supreme Court, a county clerk’s error on election night added 7,582 votes for incumbent Justice David Prosser over challenger JoAnne Kloppenburg. The additional votes almost certainly will give Prosser the victory in the heated race for the high court.

As of early afternoon Thursday, Kloppenburg had been ahead in the race, according to totals compiled by the Associated Press. The additional votes for Prosser were found after it was determined that all the votes for the City of Brookfield were not included in the initial counts that the county provided to the Associated Press, which has been maintaining a statewide tally of votes. The revised Waukesha County figures show Prosser with 11,008 more votes than were initially recorded for him, while Kloppenburg picked up 3,426 more votes. The net result is an additional 7,582 votes for Prosser.

Wisconsin: Conservative judge behind in Wisconsin | Politico

A recount and possibly a lengthy legal battle may be necessary to decide the closely watched Wisconsin Supreme Court race in which an incumbent conservative judge trails a liberal challenger, but the fight over what it all means has already begun.

Democrats hailed unofficial counts showing JoAnne Kloppenburg with a razor-thin 204-vote edge over Justice David Prosser as a repudiation of Republican Gov. Scott Walker’s attempt to reduce union collective bargaining power – and a pivot point that could fuel their party’s efforts heading into the 2012 elections.

Wisconsin: Wisconsin State Supreme Court race headed for likely recount | JSOnline

A recount is all but certain in the race for state Supreme Court, which would pose a host of legal questions, raise the political stakes in efforts to recall state senators, ignite a new bout of political fundraising and further fuel Wisconsin’s ongoing battle over union bargaining.

On Wednesday, nearly 20 hours after the polls closed, Assistant Attorney General JoAnne Kloppenburg claimed victory over Justice David Prosser after an unofficial tally showed her holding the thinnest of leads. According to an unofficial tally by The Associated Press, she was up 204 votes out of nearly 1.5 million cast – a margin of 1/100th of a percent.

Wisconsin: How A Recount Works In Wisconsin | The UpTake

A recount petition may be filed no earlier than the time of completion of the canvass and no later than 5:00 p.m. on the third business day following the last meeting day of the municipal or county board of canvassers determining the election for the office or referendum question or, if more than one board of canvassers makes a determination, no later than 5:00 p.m. on the third business day following the last meeting day of the board of canvassers which makes a determination.

If the Board of State Canvassers makes the determination, the petitioner may file the petition no earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and no later than 5:00 p.m. on the third business day following the day on which the Elections Board receives the last statement from the county board of canvassers for the election or referendum.

Wisconsin: Wisconsin Supreme Court Race May Hinge On ‘Undervotes’ | shorewood Patch

Hundreds, if not thousands, of Milwaukee-area voters went to the polls Tuesday but did not vote in the hotly contested state Supreme Court race, according to local voting results. And the issue of whether those people actually intended to vote for the high court could be a key factor in a looming recount that one expert says could bring back memories of Florida in the 2000 presidential election.

More than 900 people in 16 southeastern Wisconsin communities cast ballots in Tuesday’s election between Justice David Prosser and Assistant Attorney General JoAnne Kloppenburg, but did not register a vote in the final tally. With Kloppenburg leading Prosser by 204 votes, these “undervotes” and hundreds more in communities around the state will be an important part of the likely recount of the race’s more than 1.4 million votes.

Wisconsin: Wisconsin: Only a few provisional ballots out there | JSOnline

Some voters have questioned whether provisional ballots could change the thin lead Attorney General JoAnne Kloppenburg holds over Justice David Prosser in the Wisconsin Supreme Court race. Calls to a few of the state’s more populous voting jurisdictions indicate that’s unlikely.

Three provisional ballots were cast in the City of Milwaukee, according to an employee with the city’s election commission. So far, one of the three voters have provided the information needed to count the ballot. In Dane County, two voters cast provisional ballots, according to an employee in the county clerk’s office.

Wisconsin: Polls run out of ballots in Wisconsin | Fond du Lac Reporter

Voters headed to the polls after work could expect a wait. A larger-than-normal voter turnout locally and statewide has caused most polling places to run out of ballots. By the end of the night, turnout could run as high as 40 percent, said Fond du Lac City Clerk Sue Strands.

“By late afternoon, we were at 30 percent, and typically, it’s between 16 and 18 percent,” she said. In the city of Fond du Lac’s 40 wards, long lines are forming at many of the polling locations. “Voters will now have to use the handicapped accessible touch screen voting machine and there is only one at each location,” Strands said.

Wisconsin: GOP raises the stakes: Voter ID Bill Coming to Wisconsin Legislature in Dems’ Absence? | JSOnline

In a move meant to lure boycotting opposition senators back to Wisconsin, the Republican leader of the state Senate threatened Monday to force a vote soon on a bill that is abhorred by Democrats: requiring people to show an ID at the polls.

The push on the photo ID bill by Senate Majority Leader Scott Fitzgerald (R-Juneau) is the latest example of Republicans pressuring Democrats in hopes of ending the standoff over the bill on union rights. Senate Democrats disappeared to Illinois on Thursday to prevent a vote on that bill, and they’ve been there ever since.