Skip to comments.Prosser v. Kloppenburg
Posted on 04/07/2011 1:23:46 PM PDT by Sopater
The Wisconsin Supreme Court election which pitted conservative incumbent David Prosser against Joanne Kloppenburg is heading towards a recount, which is a nightmare scenario for the perception of the judicial branch as an impartial mediator. Courts are typically involved in overseeing election recounts as candidates file legal challenges to the execution of the recount, which can at times deviate from the stated recount procedures. These lawsuits are an integral part of close elections, no less important or legitimate as campaigning.
With nearly 1.5 million votes cast for either candidate, only 204 ballots currently separate Prosser and Kloppenburg, with the challenger coming out narrowly ahead.
There is no automatic recount in Wisconsin; Prosser would have to ask for a recount. Because the total separating the candidates is less than .5% of the vote however, the state will pay for the recount of ballots. Prosser will be allowed to pick and choose wards to recount, though there is also nothing to prevent Kloppenburg from lodging a similar recount request in wards that she believes undercounted her votes. The most important thing about filing a recount in Wisconsin is that there must be specific grounds for believing that a count in a particular ward or municipality are mistaken or fraudulent. Because the recount petition is filed with an administrative body and not a court, there does not seem to be a fact-finding stage of the process to determine the validity of the grounds for recount. However, this is certainly a stage of the recount where the court is likely to be brought in. If Prosser files a recount alleging fraud or mistakes on poor evidence, Kloppenburg may go to the courts to enjoin the recount of districts where the evidence of irregularities is not sufficient.
(Excerpt) Read more at thesillyseason.blogspot.com ...
After the recount, Kloppenberg is going to be leading by 3,879,435 votes. Republicans are going to be accused of election irregularites.
That should settle it.
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