Barb Caffrey's Blog

Writing the Elfyverse . . . and beyond

Statewide Recount in Judicial Race ends today; Waukesha County’s vote total is in

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Today, the necessary recount for the April 5, 2011 Wisconsin state Supreme Court judicial race has ended as Waukesha County has finally finished recounting the votes.  David Prosser still won Waukesha County with a similar vote total to his previous, though JoAnne Kloppenburg picked up 310 votes statewide; as previously written here, and elsewhere, Ms. Kloppenburg won the rest of the state of Wisconsin (though she didn’t win every county, overall, she was the winner) while she lost, and lost big, in the reddest Republican county in the state, Waukesha County.

This means that unofficially David Prosser has won the election by just over 7,000 votes according to the Milwaukee Journal-Sentinel.  Please see this article for further details:

http://www.jsonline.com/news/statepolitics/122364728.html

Here’s a relevant quote:

Waukesha County finished its recount Friday, two weeks after the state’s other 71 counties completed theirs. The county next was to deliver its totals to the state Government Accountability Board.

In Waukesha County, the results showed both candidates gaining votes – 68 more for Prosser, 19 more for Kloppenburg – yielding a net gain of 49 votes for the incumbent.

The board, which oversees state elections, plans to certify the totals on Monday, board attorney Mike Haas said. Kloppenburg would have until May 31 to file a lawsuit over the results.

So there it is; because of repeated and extensive problems in Waukesha County, including torn bags, bags without proper numbers (poll workers write totals and usually then bags are supposed to be left undisturbed until/unless there is a statewide recount), and ballots left in strange places (the worst of these issues wasn’t in Waukesha; it instead was in Verona, which is in Dane County — there, ballots were left out of a bag and on a table, reason unknown), the vote totals reported in Waukesha County remain suspect.  While there also were problems in other areas in the state, Waukesha County’s violations were by far the most egregious, starting with County Clerk Kathy Nickolaus’s problems in getting the proper vote total for Brookfield notated into her computer until 36 hours after the April 5, 2011 election ended.

I don’t know what Ms. Kloppenburg and her campaign manager, Melissa Mulliken, are going to do.  But if the problems in Waukesha are as bad as I have been led to believe (I am a member of a group called Election Integrity, which has been giving unofficial first-hand results from observers in Waukesha County and elsewhere), they may indeed file suit and I wouldn’t blame them at all.

Everyone wants to believe that elections are fair and are conducted on the “up-and-up.”  But we’ve found since Nickolaus’s eleventh-hour revelation that there have been severe and systemic problems in Waukesha County for years, with nothing whatsoever having been done about it for whatever reason.  This has made me seriously question whether or not we really do have fair elections in Wisconsin despite observing on April 27, 2011 in Racine, Wisconsin for the Kloppenburg campaign and believing that Racine County’s elections, themselves, have been conducted fairly.  (Note if David Prosser’s folks had asked me to observe for them, I would’ve done it, though I proudly cast my vote for Ms. Kloppenburg in the April 5, 2011 election.  I firmly believe Ms. Kloppenburg’s credentials, working for both Republican and Democratic Governors as one of the state Assistant Attorneys-General, are outstanding, and I believe that if she is ever freely and fairly elected in Wisconsin, she will make an outstanding Justice of the Wisconsin Supreme Court.)

The whole question now is, has whatever happened in Waukesha County tainted this entire election?  (In my mind, that answer is a clear “yes,” but I don’t know how that would work in court.)  And have there been enough problems in Waukesha County to warrant tossing out that entire county’s votes and making them vote again?  Because that possibly would be the fairest way to go about it, with many observers in every polling place in the county, to make absolutely sure that every legitimate vote (for whomever) is counted properly.  And Kathy Nickolaus, if she hasn’t resigned or been recalled by then, should play no part in this, just as she played no part in the state-wide recount . . . her job performance has been proven to be amazingly weak — and I don’t say that lightly — and she should count herself extremely lucky to have been gainfully employed, much less making $67,000 a year, considering how much she appears to have screwed up during her tenure on the job.

I believe this recount was a mandatory one — the only thing the state could do to restore any faith in free and fair elections — and I know the problems in Waukesha County have been proven to be extensive on a variety of counts.  The only thing now is to see how it plays out, and I promise you, I will stay on this story and post updates as appropriate.

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