Wisconsin: Kloppenburg Campaign Calls in Attorney to Monitor Recount | TMJ4 – Milwaukee

On Friday, day three of the statewide recount of the Supreme Court race, the Kloppenburg recall effort called in their attorney, Michael Maistelman, to monitor the recount in Waukesha County.

Earlier Friday a clerk discovered that one of the bags full of ballots from the Town of Delafield was not properly sealed.  The Kloppenburg campaign said that means there was the possibility that people could have had access to the bag of ballots.  On Thursday, a different bag containing hundreds of ballots wasn’t recorded on the poll inspector’s log.  That bag was also from the Town of Delafield.

Wisconsin: JoAnne Kloppenburg says anomalies were widespread during the state Supreme Court race | PolitiFact Wisconsin

Wisconsin Supreme Court candidate JoAnne Kloppenburg declared victory on election night when preliminary, unofficial returns put her 204 votes ahead of Justice David Prosser. Fifteen days later, she sought a statewide recount after the official county-by-county returns showed her trailing by more than 7,300 votes out of 1.5 million cast.

In explaining her decision, Kloppenburg told reporters that a recount may not get her over the top, but would shine a light on “an election that right now seems to so many people to be suspect.” She also went on the offensive, raising questions about the legitimacy of the vote count around the state. “There are legitimate and widespread anomalies,” said Kloppenburg, a state Justice Department attorney, “and widespread questions about the conduct of this election, most visibly in Waukesha County, but also in counties around the state.”

Wisconsin: And the recount begins | ThirdCoast Digest

If you’re expecting to see images reminiscent of Florida 2000, you’re out of luck.  The first day of the Wisconsin Supreme Count election recount began and ended quietly in Milwaukee County with no protesters, a few citizen observers and about 50 Kloppenburg and Prosser operatives.

No hanging chads – just election canvassers sorting through the paper scan sheets each voter filled out on April 5, putting them into piles designated for Justice David Prosser or Assistant Attorney General JoAnne Kloppenburg. An occasional question as to the marking of an arrow on the ballot brought over county election commission officials, who listened to polite challenges from the observers. Only one magnifying glass was noticed on a table next to a Kloppenburg worker.

Editorials: John Nichols: Recount reasonable – just ask a Republican | madison.com

Candidates in close races who find themselves contemplating whether to seek a recount of the ballots — and the resolution of related questions about the quality and character of the initial count — need to have some standard for determining when it is reasonable to make the demand. Certainly, if the difference is a handful of votes, no one would argue with seeking a recount.

But what about when the margin is larger, such as the 7,316-vote difference between Assistant Attorney General JoAnne Kloppenburg and Justice David Prosser in the hotly contested race for state Supreme Court? Was it unreasonable for Kloppenburg to seek a recount?

Not if you ask a Republican.

Wisconsin: Wisconsin Supreme Court recount begins Wednesday, required to be done by May 9 | StarTribune.com

The recount in the state Supreme Court race will begin Wednesday and barring a court-ordered extension, must be finished by May 9. Wisconsin’s nonpartisan Government Accountability Board discussed the recount procedure Monday with local election officials from nearly all 72 counties. Given the rarity of a statewide recount, clerks on the conference call peppered board attorneys with questions about everything from what to do about challenged ballots to what to do with observers seen holding pens that could alter a vote.

Challenger JoAnne Kloppenburg asked for the recount after results showed she lost to incumbent Justice David Prosser by 7,316 votes, roughly one-half of 1 percent of the 1.5 million votes cast in the April 5 election. The recount is the first in a race involving candidates since 1858. The only other one, in 1989, involved a referendum.

Wisconsin: Count on some chaos in state Supreme Court recount | JSOnline

This is what a recount looks like: An indoor sports arena is filled with poll workers from every municipality in Milwaukee County, each in their own area. At each station, poll workers examine and count ballots one by one. And as they count, campaign volunteers, attorneys and journalists watch their every move – with the campaign representatives sometimes challenging the poll workers’ decisions – while sheriff’s deputies stand guard.

It could be the biggest show in Wisconsin. And, with a few variations, it opens next week in every county in the state.

Wisconsin: The Badger Herald: GAB denies Kloppenburg’s independent investigator request for recount

After announcing she would request a statewide recount in the Supreme Court election earlier this week, challenger JoAnne Kloppenburg and incumbent Justice David Prosser argued in court Thursday to reach a decision as to how the recount would be done. Dane County Circuit Court Judge Richard Ness approved a recount procedure that would include a hand recount in 31 counties and allow for electronic voting equipment for the rest of Wisconsin.

Since declaring victory in the race Monday, Prosser’s campaign has been outspoken against having a recount. But Kloppenburg’s campaign manager Melissa Mulliken said she agreed with the judge’s decision.

Wisconsin: Wisconsin Supreme Court challenger files for recount | POLITICO.com

Charging that voting “anomalies” were “widespread,” the liberal challenger in the Wisconsin Supreme Court race filed papers Wednesday afternoon requesting a recount in the close election that has her trailing a conservative incumbent by less than 0.5 percent.

JoAnne Kloppenburg arrived at the state Government Accountability Board’s office in Madison barely an hour before the 5 p.m. local time deadline by which she had to ask for a recount or concede defeat. According to the vote count finalized by the state last week, she trails Justice David Prosser by 7,316 votes out of nearly 1.5 million cast in the April 5 election.

Wisconsin: Wisconsin Agency Sues Over Supreme Court Election Recount | Businessweek

The Wisconsin Government Accountability Board asked a judge to allow the use of electronic voting memory cartridges to speed the recount in a contested Supreme Court election, even if that use might erase the voting data.

The nonpartisan agency filed the lawsuit today in state court in Madison, naming as defendants incumbent Supreme Court Justice David T. Prosser Jr. and his challenger, JoAnne Kloppenburg.

Wisconsin: State Supreme Court election recount could be costly | Leader-Telegram

It’s going to cost Wisconsin’s taxpayers hundreds of thousands of dollars to more than $1 million to find out who will be the next state Supreme Court justice. Assistant attorney general JoAnne Kloppenburg on Wednesday said she will seek a full, statewide recount of the April 5 election in which she is challenging Justice David Prosser for a 10-year term on the bench.

“There are two reasons for this recount,” she said. “One is to verify the outcome. The other is to restore the public trust in the electoral process.”

Based on the canvassed vote totals from all 72 Wisconsin counties, Prosser is winning by 7,316 votes, from about 1.5 million cast.

Wisconsin: Wisconsin Supreme Court Election Foes Reach Recount Accord | Bloomberg

Wisconsin Supreme Court Justice David T. Prosser Jr. and challenger JoAnne Kloppenburg agreed to the recounting of some ballots by hand and others electronically to resolve who won the April 5 election.

Lawyers for Prosser and Kloppenburg reached the accord in court today, representatives for both sides said, after the state agency responsible for counting votes sued for permission to do so by mining, and potentially erasing, electronic ballot data.

Wisconsin: Kloppenburg Files for Statewide ‘Recount’ in Wisconsin Supreme Court Election | The Brad Blog

Wisconsin’s Asst. Attorney General JoAnne Kloppenburg has filed paperwork for a statewide, state-sponsored “recount” in the controversial April 5th State Supreme Court election. She has also called for a special investigator be named to examine questions about election results in Waukesha County, where the County Clerk’s procedures have come under fire both before and since the election.

Speaking to supporters at a press conference moments ago in Madison, Kloppenburg pointed to a number of reported irregularities around the state, including in Waukesha County, as well as Racine and Milwaukee and a number of other areas, which helped lead to her decision to ask for such a count. She also mentioned unusually high undervote rates in a number of districts that the campaign had examined.

Wisconsin: Wisconsin court race heads for recount | Reuters

Wisconsin’s election oversight agency said on Wednesday that the challenger in the close race for a seat on the state Supreme Court has asked for a recount.

The April 5 high court contest was widely seen as a referendum on the state’s new Republican leadership and the curbs they have imposed on public sector collective bargaining, which drew national attention as other states weighed similar moves. 

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.