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Kloppenburg Requests Recount, Special Investigation into Waukesha County Clerk

State elections officials said JoAnne Kloppenburg's campaign has asked for a statewide recount and a special investigator to review the Waukesha County clerk's "actions and words."

 
  • Full text of JoAnne Kloppenburg's statement on her recount request

State Supreme Court candidate JoAnne Kloppenburg on Wednesday requested a statewide recount of her 7,316-vote loss to incumbent Justice David Prosser, saying even if the results didn't change, the scrutiny was required to restore confidence in this and future elections.

"A recount may change the outcome of this election or it may confirm it," Kloppenburg said. But a recount, she added, will resolve "an election that right now seems to so many people to be suspect." 

At a press conference during which she was cheered and jeered, the state Department of Justice prosecutor also called for a special investigator to be assigned to review Waukesha County Clerk Kathy Nickolaus and her election processes for any irregularities, misconduct and recommended change in practices.

She noted that Nickolaus failed to notify the state, the candidates or the public for more than a day after she said she discovered she had forgot to include the entire City of Brookfield's votes in her election night countywide tally, by failing to "save" the city's spreadsheet into her countywide database. Brookfield Patch, however, posted the city's Supreme Court votes on election night, getting the figures from the city clerk a couple hours after the polls closed.

It was also unclear how much information about the error Nickolaus shared with the three-member Board of Canvassers before it certified the results and Nickolaus then held a press conference. Ramona Kitzinger, the Democratic member on the canvass panel said during Nickolaus' press conference that the revised countywide canvass numbers "jibed" with the vote tallies submitted by municipalities. But days after that, Kitzinger issued a statement saying Nickolaus didn't tell her the cause or impact of the revisions until after the results were certified.

The error was a game-changer in the election, which saw Kloppenburg declaring victory after midnight election night with a 200-vote lead out of nearly 1.5 million cast. Even the wider 7,316-vote margin equates to a 50.48 percent victory for Prosser, or less than one-half of one percent. Under state law, the cost of a recount is paid by the state if the margin is less than one-half of one percent; the candidate does not have to pay for it. Candidates will pay their own legal costs, as well as the cost of observers at the recounts in the state's 72 counties.

Kloppenburg also questioned how conservative bloggers had been leaked the bombshell news of the unreported Brookfield votes, hours before Nickolaus made her news public in a press conference.

Kloppenburg also challenged the ability of the state Government Accountability Board to conduct a fair investigation into Waukesha County. She said her campaign submitted documents to GAB Wednesday detailing "contact and communications" the state had with the Waukesha County clerk's office that she said "compromises" the state's ability to adequately investigate.

Pressed what evidence she submitted, Kloppenburg said the teamwork and support from state elections officials to the county clerk's staff "who are their colleagues would make it difficult for them to step back then and take the kind of more adversarial investigation that needs to take place."

Kloppenburg added: "If there are problems, we need to identify them and we need to fix them. If there was misconduct, we must hold those who perpetrated it accountable."

The state announced Tuesday that its four-day review of the Waukesha County canvass found a few anomalies but none that required correction of the county's revised tally that put Prosser ahead.

Prosser campaign spokesman Brian Nemoir criticized Kloppenburg's decision in a statement Wednesday.

"Apparently nothing will stop her from going ahead and wasting taxpayers hard-earned money to discover what election officials did on April 5th – that Justice David Prosser was reelected," Nemoir said.

He said the largest swing in a Wisconsin election recount was 489 votes — or 15 times fewer than Kloppenburg would need to emerge the victor.

"The only way she can achieve her nakedly political goal is to do one thing: challenge and disenfranchise thousands of Wisconsin citizens who exercised their right to vote April 5th and believed this election over," Nemoir said.

Nickolaus could not be reached for comment Wednesday.

But she said on Tuesday that she has and will continue to cooperate with state elections officials. Nickolaus rebuffed calls that she resign made by the Waukesha County Democratic Party.

Kevin Kennedy, director and general counsel of the Government Accountability Board, said in an email Wednesday night that his agency was responsible for investigating complaints about Waukesha County's vote tallies and processes.

"With respect to the public statements about our impartiality, it is the statutory responsibility of this agency to conduct these investigations," Kennedy said. "We are authorized to employ outside investigators, but they work under our direction."

Kennedy said his agency will be stretched thin handling a recount with more than dozen recall attempts of state legislators. 

Kloppenburg said she expected state elections officials at a planned court hearing Thursday to propose various recount procedures, including hand recounts.

She said she had reports of "widespread anomalies," including undervotes in Milwaukee and Racine counties, the Waukesha County vote revision, long lines of voters in Fond du Lac and other counties, requiring votes to be made on xeroxed ballots and greater use of electronic voting machines used for visually and other disabled voters.

In addition to some loud applause and drumming from supporters and shouted jeers from critics, there was an unusually long pause in the press conference when a reporter asked Kloppenburg if she still felt she was the winner in the election.

She paused and looked around before finally answering slowly: "I feel that I have been a winner in any number of ways. Whether I will have earned the most votes in the election is something that will be determined by the recount."

Kloppenburg said she made the final decision to seek a recount, after reviewing facts and listening to advice from people including a prominent attorney who represented Al Franken in the U.S. Senate recount in Minnesota. But she was adamant that she was not pushed into a recount by union leaders who made the state high court election a referendum on Gov. Scott Walker's moves to severely curtail the power of most public employee unions. 

"They have not had any evidence to base those claims on," she said. "I am making a decision. This is my decision."

Just minutes before Kloppenburg's press conference, the state Government Accountability Board issued a statement saying it was prepared to move forward with a statewide recount.

"We have been preparing for a recount since Election Night," Kevin  Kennedy said.

"We have assembled an internal team to direct the recount, we have been in close consultation with our county clerk partners, and have arranged for legal representation by the Wisconsin Department of Justice. We anticipate the recount will begin the week of April 25, and plan to hold a teleconference meeting for county clerks on Monday afternoon.”

Kennedy said detailed information about how recounts are conducted in Wisconsin are included in the state's Election Recount Procedures manual, which is available on the G.A.B. website: http://gab.wi.gov/manuals/recount.

Mark

4:06 pm on Wednesday, April 20, 2011

I knew it, They run from the state to hold things up. they then protest to hold things up, They then take it to the courts to hold things up, and now the further look to delay things by wasting money and asking for a recount. This wont work and like of them asked already for they will want a recount

You said it best Charlie "Ahhhh LOSER"

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jim mattes

4:14 pm on Wednesday, April 20, 2011

Given the cirumstances of the vote count, I believe any fair-minded person would want to be sure that the totals are accurate so we are sure that the person who got the most votes wins. If Mr. Prosser were on the other end of the sitation, I guarantee his people would have asked for a recount as well. Why else have a provision in the state law to automatically provide for one when the totals are so close? I would think that the Prosser supporters would feel confident that their man won and have nothing to fear in a recount. The Kloppenburg supporters will feel a lot better about the results if the current totals are confirmed by a recount, and don't we want solidarity behind the justice who legitimately wins? I say let the counting begin and may the person who got the most votes be our next Justice.

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rick

4:31 pm on Wednesday, April 20, 2011

She sounded like a dits when she gave her win speech. Now she just proved it. Talk about wasting OUR money. She should have to pay all costs that this stupid re-count is going to cost us as tax payers. Wish she would run over the border like the rest of her clan.

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Phil Scarr

5:16 pm on Wednesday, April 20, 2011

I would have thought that all 'Sconies would welcome a validation of the integrity of the electoral process. I guess not.

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CowDung

5:30 pm on Wednesday, April 20, 2011

Didn't the vote canvassing over the past week or so already serve to validate the integrity of the electoral process?

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Duane Michalski

6:48 pm on Wednesday, April 20, 2011

@ Jim.. I will tell you this. First, the first process is the canvassing process. Every county in the state has already double checked and in the case of Waukesha County triple checked. That is the whole idea of the canvass. You must remember that any numbers that come out are UNOFFICIAL until they have gone through the canvass and then certified by the GAB. This process was followed. that is how the mistake (by an incompetent fool) was discovered. They were double checked and found to be MISSING. And it is important to realize that these votes had been counted and not reported, they WERE NOT FOUND VOTES!!! I believe that the Brookfield Patch even had the numbers. So the AP was left out...big deal they have no official stance or say so on this issue.

John Marshall

4:22 pm on Wednesday, April 20, 2011

Kloppenberg's legal right, according to the law. More importantly, I would welcome an independent opinion on the adequacy of internal control surrounding the polls, the ballots and the accumulation of the votes - provided by a nonpartisian entity with a sound understanding of voting protocol and procedure. If this is what we will be getting from the Government Accountability Board, then fine!! However, Mark's point that protests, delays and obfuscation engendered by Democrats and their supporters have gone one step further in this case has merit. The Waukesha County Clerk's error was one of not following proper procedure, not one of "stuffing the ballot box". Prosser won fair and square. The recount will prove that. Delaying the inevitable, with a hefty price tag on the backs of taxpayers, is of questionable merit at this juncture.

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Don Jacobs

6:24 am on Thursday, April 21, 2011

Seriously?
Reading the media estimates and before the canvas - leading by a meager 200 votes in a 1.5MM vote election - she declares victory. Now after the canvas and the publication of official results indicate she lost by over 7,000 votes, she hits the taxpayers with a $500,000 bill for a recount?
What a buffoon.
Thank goodness we won't be "judged" by someone with such poor judgement.

greg

4:25 pm on Wednesday, April 20, 2011

7,300 oh were very confident, good luck findng a few 100 one way or the other waste of money if she had to pay for it .....

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John J. O'Neill Sr.

4:26 pm on Wednesday, April 20, 2011

Mark would be all for a recount if Prosser had lost by the same narrow margin. If you don't like democracy then perhaps you might want to go find a nice autocracy. Recent Republican attack ads have portrayed the Chinese dictatorship in a favorable light; no government decrees delayed by the legislative or judicial process there!

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Chris Heather

4:40 pm on Wednesday, April 20, 2011

John do you know Mark personally to make such an assumpation?

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Duane Michalski

6:56 pm on Wednesday, April 20, 2011

John, 7316 votes is an insurmountable number to overcome. It will cost the TAXPAYERS millions of dollars when we are already cash strapped in Wisconsin. Even in Kloppy's presser she basically admitted she didn't win and couldn't win. She stated it was about "election integrity" OK fine. I am all for it...now the democRATS can get on board with the Republicans and pass comprehensive voter id...mo mare same day registration, no more "vouching for", no more 10 residency, no more voting without an id. After all it is a 82% statewide issue. We could finally have a huge bi-partisan success.

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Anne

9:26 am on Thursday, April 21, 2011

Prosser was the one who announced his Recount Team seemingly within minutes of the polls closing and before the Brookfield Blunder was announced. She is entitled to the recount. So let the counting begin and the sniping end!

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Duane Michalski

9:10 pm on Thursday, April 21, 2011

Anne, you are correct, Justice Prosser did call for a recall almost immediately. BUT THAT WAS WHEN KLOPPY THOUGHT SHE WON BY 224 VOTES!!! Not 7,316 votes!!!LMAO!! Did you see the press conference? When asked if she felt that she won...nothing...21 seconds of complete stupidity and silence!!! Too funny!!

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Keith Best

11:51 am on Friday, April 22, 2011

The point has been made that she was quick to declare victory with only a 204 vote lead, but now with over a 7,000 deficit she wants a recount. Us Prosser supporters would have been skeptical if the shoe was on the other foot. But after the canvass and the GAB granting an OK on the results, rational thinking kicks in. But then again I haven't witnessed any rational thinking from liberal Democrats in a long, long time.

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Craig

4:55 pm on Friday, April 22, 2011

Have been trying to find the silver lining in getting stuck with a $500,000 bill by Ms. Kloppenberg for a recount...maybe we've found one on an issue to which both sides can agree and start moving forward.

It appears that the arguements the Kloppenberg camp is using to justify the recount at taxpayers expense are many of the same arguements for voter id...I guess that is the silver lining - both groups are now promoting arguements supporting voter id. Finally something they both agree on.

Let's see if it carries over to the capital building when it is time for a vote on the issue and let's start moving forward.

JB

4:54 pm on Wednesday, April 20, 2011

This doesn't surprise me in the least. I do think, however, Kloppenburg would have thought twice if she was footing the bill for the recount. The whole thing reeks of more government waste at tax payer expense. And it makes me question this whole 0.50% line-in-the-sand and who pays for it. Of course I think we should allow anyone to ask for a recount but if the numbers hold then that candidate should foot the bill no matter how close the election.

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Dennis Allen

8:48 am on Thursday, April 21, 2011

You people keep harping about the cost. Maybe if your governor hadn't given away 117 million in tax breaks to the corps. this wouldn't have been such a big deal ? Maybe you need to vote out Kathy Nickolaus, because there seems to be questions with every election she is involved in ? And she has already stated that she wouldn't resign. I really think she had better seek a plea bargain deal before the truth comes out.

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Duane Michalski

9:18 pm on Thursday, April 21, 2011

Dennis, do you live in Wisconsin? If so Governor Walker is your Governor as well. Just because you don't like him doesn't change that. I don't like Obummer but he is still the President of the United States. As far as the cost goes, I am perfectly fine with that, because that will just be more cuts coming to the state employee. The more the better. And last...Kathy N. did NOT do anything illegal, what she did WAS COMPLETELY IGNORANT! If the fine residents of Waukesha do not approve of her, she has an election coming up. Due process will work its magic.

Elaine Blonigen

4:56 pm on Wednesday, April 20, 2011

Let them count all they want. It's not going to change the outcome. Did you see her face and longgggg pause when asked if she still considered herself the winner? Of course, she knows she's not the winner. Look out for the flying monkeys coming from DC.....this is all about the Unions and we all know it. Come on let's be honest.....the Unions will come up with tons of money to pay for the attorneys. Go ahead, let them waste their money. Unfortunately, us taxpayers will be picking up the costs for the "recounts". As for me, I plan to be one of those volunteers who "watch" the process in Waukesha county where I voted. I hope all of you who "care" will do the same. That's how I plan to use my voice! Please volunteer wherever and whenever you can.

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Dennis Allen

8:50 am on Thursday, April 21, 2011

Why not just use your paid canvasers ? Or let the group from Utah do it for you. You Rethugs seem to favor that to a grass roots movement.

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Duane Michalski

9:20 pm on Thursday, April 21, 2011

Geeeez, does anyone else think Dennis needs an enema or something? Sorry Dennis, you make it too easy to exploit your anger. You should be more honest, you might not get such criticism.

Mark

5:00 pm on Wednesday, April 20, 2011

If I really thought we were counting because she wanted it I would have not problem. The unions who backed her want the recount. There has never in the history of recounts has anyone found this many votes. I was fine with at under a 1000 Not 7500

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Chris Heather

5:08 pm on Wednesday, April 20, 2011

I just hope her champaign and these unions will pay for this. Brendan Conway of WISN just stated it will cost the Milwaukee County $500k alone. They want a recount, fine! They should pay for it, not the tax payers.

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Randy1949

6:17 pm on Wednesday, April 20, 2011

@Mark . . . contact your state legislator and have the law changed.

@Chris . . . see above. It's state law. Just remember, next time it could be one of your favored candidates losing a close election.

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Chris Heather

9:42 am on Friday, April 22, 2011

Randy if my favored candidate lost by over 7k votes I wouldn't expect them to ask for a recount. Until this recount the largest margin of one in the history of Wisconsin elections was just over 2k. This is a waste of tax payers time and money. Both the Racine Journal Times and the Milwaukee Journal Sentinel have pointed this out. All this is going to do is piss more tax payers off after they see the entire REAL cost of this. The Kloppenburg campaign has set a new standard for utter stupidity . Look I really have no problem with the recount, but the tax payers shouldn't be asked to flip the bill for it.

Karen Pierce

5:42 pm on Wednesday, April 20, 2011

What a surprise. NOT. I said from day one she would wait until the last minute and demand a recount - let's drag it out as long as possible....

And no, Chris...this comes at taxpayer expense. Unfortunately. I feel confident that if Kloppy had to pay for it, it wouldn't be happening, but as per usual, let's just spend more of the taxpayers money.

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rick

7:38 pm on Wednesday, April 20, 2011

you are absolutely right Karen

Jim Robinson

5:59 pm on Wednesday, April 20, 2011

This Recount is money well spent!

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Karen Pierce

6:12 pm on Wednesday, April 20, 2011

It will be once it is proven that Prosser has won the election and Kloppy fades away.

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m

9:13 pm on Wednesday, April 20, 2011

Jim, If it is your opinion that it is money well spent then perhaps you can write a check for the entire amount. It appears that the majority of the people who have weighed in thus far to this blog don't agree and clearly don't want to foot the bill. Why is it that accountability for tax payer money is not to be discussed, considered, or valued?? Let's continue to burden our future generations with greater debt and no change in the way we do business. Let's continue to watch weak politicians hide behind the "'lets not make any changes that impact any of my constituents" while I'm in office charade to further their own political careers.

Bob McBride

6:06 pm on Wednesday, April 20, 2011

...cuz Jim says so! Which is probably as logical an explanation as any other, to be honest.

The decision to go ahead with the recount just demonstrates the kind of judgement that, thankfully, we will not be subjected to on a regular basis once the recount verifies the original election results.

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Nate

6:06 pm on Wednesday, April 20, 2011

Why can't she go back under the rock she crawled up from?

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Karen Pierce

6:12 pm on Wednesday, April 20, 2011

From your lips to God's ears...And take that stupid red scarf with her...

donna

6:14 pm on Wednesday, April 20, 2011

I think she should go down to Florida and help Al Gore with his recounts!

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Mary Watson

6:32 pm on Wednesday, April 20, 2011

She said she's doing this for the people of Wisconsin. Well, if that was true she would do it at her expense not ours. We all know the Unions are backing her. She sure as heck doesn't represent me and never will. She should have bowed out with dignity but then we can't expect dignity from a Union backed liberal.

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bep

6:35 pm on Wednesday, April 20, 2011

This recount is meant to serve as a distraction from all of the democrats recall efforts.
Judge Prosser has won the election.

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Yvonne Wright

6:36 pm on Wednesday, April 20, 2011

How can she lie and say some counties made zerox copies for ballots. I have worked for the elections for the past three years and when the ballot run out we use the extra electronic machine for the voters. SHAME ON HER.

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Randy1949

6:42 pm on Wednesday, April 20, 2011

Same way a clerk can say she forgot to hit 'save' in Microsoft access.

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Karen Pierce

6:47 pm on Wednesday, April 20, 2011

Randy, why is this even an issue anymore? It's been PROVEN that the votes from Brookfield are legitimate votes. The woman made a mistake, yes, and not her first one. HOWEVER, it did not change the outcome of the election. There was no fraud. There was no conspiracy. There was only a stupid mistake. The votes are legitimate. You and other Kloppy supporters continually bring it up and hint at it being a case of fraud or conspiracy. THE BROOKFIELD VOTES ARE LEGITIMATE VOTES, no matter WHEN they were counted. Simple mathematics...there were so many voters and so many votes. The numbers matched. Get rid of the clerk, yes, given her history of such mistakes. But stop with the insinuations about fraud and fake votes.

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Randy1949

6:51 pm on Wednesday, April 20, 2011

And here's maybe where she got it from: "I am hearing all sorts of reports on being given xeroxed ballots that would be transferred to a regular ballot later, " http://www.brookfieldnow.com/blogs/communityblogs/119305844.html

Or maybe other such sites. Not sure if it happened, but it ought to be checked out, don't you think?

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Bob McBride

6:54 pm on Wednesday, April 20, 2011

Karen, please give Randy and the rest of them some time. They're still trying to formulate some kind of logical explanation for Kloppenburg's decision to go with the expensive statewide recount when the chance that it's going to change anything is nil. For now, this is the best they can do.

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Karen Pierce

6:55 pm on Wednesday, April 20, 2011

@Bob McBride - Yeah...it's getting REAL old. Talk about beating a dead horse....

Rick

6:52 pm on Wednesday, April 20, 2011

The biggest gap made up in a recount that I know of was Franken in MN where the totals turned around by 1,000 votes out of 2.6 million total votes. In the Prossor / Kloppeburg race there is a difference of 7,300 votes out of 1.5 million in the supreme court race.

Two points about the recount...

There would have to be over 100 votes per county gained by Kloppenburg to overcome the lead that Prosser. Even granting Kloppenburg an edge of 60% of all "newly found votes" or errors in counts, There would need to be nearly an additional 12,000 votes that have not been counted. Not likely.

Kloppeburg was asked in the new conference if she thought that a recount would overturn the results... After a 10 second pause she basically said... "I don't know".

So I have to ask myself... Why? It seems obvious to me that it will not overturn the election.

SOOOO what is the purpose???

It doesn't make sense for the recall campaigns... the recount will be pulling money that would have been available to the Dems that are to challenge the Republicans who are recalled...

It doesn't seem to make sense from a PR perspective either... The referendum on Walker didn't pan out... Take Waukesha and Dane out of the mix and you still have a significant Prosser victory.

Also the number of votes cast says this was way beyond a non-partisan race... with the unions loosing.

Not surprised by their (the unions) decision to demand a recount... But to what end?

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Plow Boy

6:54 pm on Wednesday, April 20, 2011

Why is so manry people against the recount? We just spent over 1.5 trillion dollars in Iraq so they can vote. This is a goodd way to be sure our process is right.

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Rick

6:59 pm on Wednesday, April 20, 2011

@Karen... As far as would Kloppenburg pay for it if the state didn't have to? I think she would (or more accurately the PAC's that will underwrite the legal costs she will have to pay). And the reason I think this is that a big portion of those PAC's are most certainly going to be the State and National labor organizations like WEA, ASFME, AFL-CIO, etc.

But why? If the recount isn't likely to overturn the election, then why would they spend all that time, energy and money on it? Do they perceive that if Processor is seated in August that they are finished and this is the final death struggle?

If I am on the right track, the next "major" turn will be Abrahamson announcing that the Supreme Court should not decide the fate of the Budget Repair bill or the injunction against it till the Kloppenburg recount is completed... In June or July or August???

What happens if the race isn't decided before August 1? Anyone have any ideas?

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Rick

7:10 pm on Wednesday, April 20, 2011

@ John J... Is the Chinese attack ad you referring to the one where the speaker is addressing a large auditorium of Chinese with the Republic of China as the back drop? Speaking about how China is now the dominate super-power?

IF so, you may want to pay closer attention... the point of the ad was that if we keep spending and borrowing like we are, that China will own us. Who amongst us have not heard "my house, my rules..." as some point. Same principal here... If China owns most of the US debt... they own our politicians... and by extension, all of us.

But how that fits with the right that Kloppenburg has to a recount is a bit beyond me.

Last point... I think she is unwilling to tell her bosses... "that just because I have the right to a recount, it doesn't mean that it is right to ask for one". She is going to look even more pathetic after the outcome is unchanged and all the "unfair" and "abnormalities" really point to a shift in the political climate in Wisconsin... and elsewhere.

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rick

7:42 pm on Wednesday, April 20, 2011

stop and think people. 7500 vote difference. I don't care which side won. What I do care is a waste of our money just because she can. Again, I repeat, run across the border to Ill like your other dems did. Remember we pay them to do this crap.

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Paul S

7:48 pm on Wednesday, April 20, 2011

This comes as no surprise... a liberal wasting money.
The bright side of this is that it may be possible to review voting practices in Dane and Milwaukee county. Perhaps we can determine if some of the votes that were cast were in fact valid. Once the ringers and fake Demo ballots are eliminated the margin would likely be even higher.

liberales in inferno patitur

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Bren

10:05 pm on Wednesday, April 20, 2011

Paul S., "a liberal wasting money." You've cited no examples, but let me share a few of Scott Walker's: $500,000 in back pay to county courthouse security workers he fired illegally, plus $95,000 month for an undetermined number of months for his privatized Wackenhut contract (estimating $750,000). At least $100,000 paid for the Blue Shirt project he canceled, I can't determine how much more was paid in penalties was paid for the canceled contract. Nearly $1m on the table that didn't need to be spent.

We'll see what "ringers" and "fake Demo ballots" emerge via the recount. However, the big questions all seem to come from Waukesha County, from a lady who squirrels data, puts words into other people's mouths, refuses to comply with information requests, is a known associate of Prosser, and has made a similar mistake in 2006 with the Van Hollen/Falk election, again resulting in a Republican victory. I'm not like Scott Walker, wasting people's money, but I do believe this election process and Nickolaus need to be investigated. It's the 21st Century! We should be able to count some votes without foolishness.

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DareToBeFair

4:22 am on Thursday, April 21, 2011

@ Bren

The audacity of Republicans to accuse Liberals of wasting money when it was their party, and twelve years of their policies, that brought this country to the brink of economic catastrophe with their borrow and spend, borrow and spend.

Even the CATO Institute documented that the Republicans and Bush outspent Democratic Clinton by far, but I didn't need a Libertarian/Republican think tank to tell me that. The surpluses Clinton created was wiped away in literal months by a money wasting Republican pResident and complicit Republican Congress.

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M C

12:04 pm on Friday, April 22, 2011

So Bren, are you really suggesting that Waukesha county threw the election? The process of certification was overseen by Democrats and Republicans. I listened to the press conference, where both stated that the results were accurate. You don't just manufacture all the votes of the largest city in the county. This kind of talk is either ill-informed or irresponsible. I do not excuse the ineptness of Nickolaus, but ineptness does not equal the fraudulent manufacturing of thousands of votes - which, by the way, would put her in jail.

Gordon E Lang

7:57 pm on Wednesday, April 20, 2011

Wisconsin is lucky that she did not win. She is not a gracious loser. If she wants a recount she and or the the unions supporting her should pay for it and not the taxpayers. She should be congratulating Justice Prosser for his win.

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Karen Pierce

8:03 pm on Wednesday, April 20, 2011

Amen, Gordon...not a gracious loser, no class, no decorum. No keeping taxpayer interest at heart. She's definitely someone I would not want sitting on the bench.

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Anne

9:32 am on Thursday, April 21, 2011

What on earth is ungracious about claiming something she in entitled to under law? Where is her lack of class or decorum? If Mr. Prosser were in her position, he surely would be doing the same thing and all of you who are criticizing Ms. Klopperburn for the same thing would be screaming FOR a recount! And for Ms. Nickolaus's head!

Julie

9:01 pm on Wednesday, April 20, 2011

I wonder how long this will drag on? Maybe through the 4th of July?

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Jay Sykes

9:37 pm on Wednesday, April 20, 2011

Remember folks its because of this recall that we need to retain/expand the paper, fill-in the blank with marker, send into the machine for counting and safe keeping type system. We can run them through the machine numerous times to audit the totals; can be hand inspected; they function in a power failure too. With the ATM style machines who knows how to do trustworthy auditing?

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Joe Resident

9:41 pm on Wednesday, April 20, 2011

Karen & Rick...and most of the rest of you have NAILED it. Sorry Libs but conventional wisdom (I know, you don't have that) says this won't be overturned. Why is it that elections are "no fair" unless Libs win? So here we go...Need to piss away millions to re-count. 200 something was good when Klopp won, but wait, 7300 is too close to call if its Prosser.

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Karen Pierce

9:46 pm on Wednesday, April 20, 2011

Oh, AMEN on THAT!!! 200 votes was good enough for her to declare herself a winner...but 7300 votes is too close to call....Here again...poor judgment on Kloppy's part....do you really want her sitting on the bench making important decisions?? I sure don't.

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DareToBeFair

4:18 am on Thursday, April 21, 2011

@Joe Resident

You're just p*ssed Kloppenburg didn't roll over and keep quiet for a Republican shill. What are you afraid of? Did you even read the article, or are you just wailing because a Democrat has the audacity to question a male Republican?

Explain how CONservative bloggers got news before SHE did about the unreported Brookfield votes?

>>> Kloppenburg also questioned how conservative bloggers had been leaked the bombshell news of the unreported Brookfield votes, hours before Nickolaus made her news public in a press conference. >>>

Explain how it's not illegal that the GAB had contact and communications with the Waukesha County clerk's office? And they're supposed to conduct a fair and equitable recount?? And you don't question that?

>>> Kloppenburg also challenged the ability of the state Government Accountability Board to conduct a fair investigation into Waukesha County. She said her campaign submitted documents to GAB Wednesday detailing "contact and communications" the state had with the Waukesha County clerk's office that she said "compromises" the state's ability to adequately investigate.

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M C

12:08 pm on Friday, April 22, 2011

DareToBeFair, I would suggest that you change your nickname, since the very first line of your response indicates no desire to "be fair."

Gary Pierce

10:09 pm on Wednesday, April 20, 2011

Good Lord what a LOSER that Kloppy is she ought to be paying for this recount and not the taxpayers.

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DareToBeFair

4:10 am on Thursday, April 21, 2011

Don't like it? Change the LAW. She has this RIGHT, and were the tables turned, you bet Prosser would demand a recount, and you'd be right there cheering him on WITH teabags hangin' off your floppy hats!

Get real.

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Karen Pierce

5:35 am on Thursday, April 21, 2011

@DareToBe"Fair" - It may be the law and it may be her right. However, as quick as she was to declare herself a winner with a 200 vote span, she certainly did a turnabout when it turned to a 7300 vote span. As quickly as she declared herself a winner, she should have declared herself NOT a winner. If 200 votes can decide it, certainly 7300 votes should be able to decide it as well.

Yes, it's her right. However, IMHO, it shows extremely poor judgment and an extreme lack of common sense and an over-inflated sense of self-importance....and none of us should want those "qualities" in a Supreme Court Justice.

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M C

12:16 pm on Friday, April 22, 2011

Furthermore, DareToBeFair, you should not assume that Prosser would demand a recount. Personally, I'm fairly confident that he would walk away if behind by 7,000 votes. No one has ever garnered even close to a quarter of the votes necessary to overcome such a lead. I think he would have demanded a recount for a 200 vote difference, but I consider it highly unlikely that he would have done so for 7,000 votes.

Karen, I think your point is very well said too.

Ben Bender

10:09 pm on Wednesday, April 20, 2011

We all knew this was going to happen. Anyone ridiculous enough to claim "victory" when ahead by 204 votes, the count of which had not been verified, is stupid enough to demand a recount when losing by 7300 VERIFIED votes. She needs to take her Little Orphan Annie hair-do AND her red scarf back into the obscurity from which she tried to climb. This definitely is NOT in the "best interest of the State of Wisconsin" or it's citizens.

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DareToBeFair

4:08 am on Thursday, April 21, 2011

>>> She needs to take her Little Orphan Annie hair-do AND her red scarf back into the obscurity from which she tried to climb. This definitely is NOT in the "best interest of the State of Wisconsin" or it's citizens.>>>

Neither is your misogynistic drivel.

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M C

1:28 pm on Friday, April 22, 2011

I agree, can we please refrain from the personal attacks? Last I checked scarfs were a matter of personal taste, not political philosophy or public policy.

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Adam W. McCoy

10:19 pm on Wednesday, April 20, 2011

If anyone gets tired of email updates from this article, please go to your Patch profile, find "following" on the left side of the page, then find this article and click "stop following."

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Say What?

12:05 am on Thursday, April 21, 2011

So, if stupid liberal fleabaggers incapable of earning a decent living (do you mean they dont earn a good living, or that they cant earn it on their own?) don't do the government jobs (because you want to spend your money as you see fit... good luck paving your way to work), who will do those jobs? Or do we do without those jobs? I like the second option, fire all teachers, firemen, policemen, county and city workers. All they do is provide services that drain your pocket. Then you can decide where to, or rather how to, well, everything: educate, pave, report, extinguish, etc etc blow hole bs.

I absolutely understand how it all works, I want the service but for free. I want a LEO at my door 5 minutes from when I call, but I do not want to pay him to be at my door 5 min from the time I call. He should do it out of good will, because he is incapable of anything else. I am just glad that someone finally said it, free loading cops "getting shot at", teachers "helping" kids, firemen "saving lives", just more liberal tactics.

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DareToBeFair

4:06 am on Thursday, April 21, 2011

You were homeskooled, weren't you?

Casey O'Connell

3:11 am on Thursday, April 21, 2011

Wow. I am appalled & yet not entirely surprised by the ugliness of many of the comments in response to this article. What seems to have been forgotten during the immature banter is the REAL reason the recount has been requested: "to restore confidence in this and future elections."
I believe that if the mishap involving Nickolaus' records hadn't have happened or did happen & remained unrealized, the recount would not have been requested. But seeing as it did happen & was brought to light (along with a few other past issues with Nickolaus), anyone and everyone should see the validity of a recount request made by ANY candidate, Republican or Democrat. If there has been one confirmed case of "human error", chances are, with the sheer number of "humans" participating statewide in the voting/tallying process, there's bound to have been at least a few more errors along the way.
Needless to say, humans are imperfect. Technology, too. Who knows? Maybe the recount will uncover some other "bugs" in the process, not just this specific race. We all want a fair playing field for elections to come, right??? So let's be grown-ups about this & remain focused on the heart of the matter~the integrity of the voting/tallying process~instead of reducing ourselves to acting like children as exibited by many (but not all, thank God) who've commented before me. Remember the Golden Rule... :)

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DareToBeFair

4:05 am on Thursday, April 21, 2011

You need to understand...only Republicans are allowed to recounts. That's their philosophy.

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nancy peske

6:39 am on Thursday, April 21, 2011

I recall years ago a Milwaukee judge, I forget his name, who stood trial for molesting women--essentially, feeling them up in elevators and making crude remarks. The trial was televised (one of the first to be televised) and it was big news yet he won the election by 100 or so votes. He requested TWO recounts and lost both. He was a Republican.
Recounts happen and should when the margin is razor thin. If a clerk can forget to count 14,000 votes by human error (Nickolaus' story--which I happen to believe is a blatant lie), then you'd have to be kinda nutty not to ask for a recount with a .5 percent difference in the vote.

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Bob McBride

7:11 am on Thursday, April 21, 2011

Casey.

It's not Kloppenburg's position to launch a recount for the purposes of restoring "confidence in this and future elections". Nobody put her in charge of determining whether or not there is enough of a lack of confidence to warrant such, or, even assuming there might be, to determine that a hand recount of THIS election even accomplishes such a task. In other words, that's a bunch of baloney. At this point, all she is is someone who lost an election she thought she had won by 200 votes who refuses to come to grips with the loss.

nancy, Christ Seraphim. He may have been a Republican, I'm not 100% sure. Regardless, as with this race it was non-partisan. He was viewed as a tough "law and order" judge at the time, which I suppose if you're on the other side of the fence automatically makes him a Republican.

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M C

12:39 pm on Friday, April 22, 2011

Casey, I can only agree about the tone and manner of many of the comments here, and I'm shocked that folks like Nancy think that 14,000 votes are not the result of a human error (was it a Republican plot or fraud??? Do you really think so??? They manufactured the entire city of Brookfield's votes???).

I find it disturbing that so many can fail to evaluate with even some little amount of reasonable objectivity this situation. Our political discourse and civil conversation has been reduced to sheer rhetoric without content too often.

DareToBeFair

4:03 am on Thursday, April 21, 2011

>>> Kloppenburg also questioned how conservative bloggers had been leaked the bombshell news of the unreported Brookfield votes, hours before Nickolaus made her news public in a press conference. >>>

Yeah...how is this possible?

And for those wailing about Kloppenburg having to foot the bill, know your law!

>>> Even the wider 7,316-vote margin equates to a 50.48 percent victory for Prosser, or less than one-half of one percent. UNDER STATE LAW, THE COST OF THE RECOUNT IS PAID BY THE STATE >>>

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Duane Michalski

9:35 pm on Thursday, April 21, 2011

@ dare...it is simple...the Patch people were there in Brookfield when the results were in. Just like the Caledonia patch person (Denise Lockwood) was in Caledonia. It is open to candidates and press. So when 2 organizations got the numbers and the AP didn't....really big deal. The fact is that vote totals ARE NOT final until they are canvassed and verified by the GAB. That has now been done and verified by the GAB and Prosser Won by 7316 vote. No matter what happened in Brookfield the election has been certified! Oh and one more thing....Patch is NOT a conservative blog!!! Not even close!

Karen Pierce

5:54 am on Thursday, April 21, 2011

Bottom line....Kloppy showed extremely poor judgment in declaring herself a winner with 200 votes. That kind of knee-jerk reaction, that kind of poor judgment is not something I would not want sitting on the bench - unless it's at a ball park.

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John J. O'Neill Sr.

7:20 am on Thursday, April 21, 2011

@ Nancy: I think that you are referring to the "Honorable" Christ Seraphim. We spend a lot of money on a lot of things. I can think of few things that are more important than making sure that the electorate knows that our elections are free and fair. That will be the most important benefit from a recount regardless of who wins.

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Steel

7:46 am on Thursday, April 21, 2011

This is a clear example of the poor judgment this woman has and would have burdened the State of Wisconsin with were she to have been elected. As it is, she will cost us over a million dollars for the recount, but it will only accomplish one thing... She, the PEU and the left will lose again.

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Dan B

8:36 am on Thursday, April 21, 2011

This is a lady that for her whole life has worked in a protected position that had unlimited resources (tax payers money) that has wrecked the lifes of families, farmers and businesses. She is a miserable person that does not care about what is right and correct. She is in it for her agenda and that is all. Now she is nothing more than a puppet for the extreme left fringe.

There is no controversy with the votes. The Patch had the count the same as Nicolous reported. The AP is not the official reporting site and that is the only one she reported wrong to. When she totaled for the count to go to the official count is when she discovered the error and reported it correctly. I am not making excuses for her ineptness but she did eventially get it correct.

In Milwaukee it took them over a week longer to get their official count in. Also the Dem side of the election committee called off the police guarding of the ballots, Why would that be? Thank God for David Clarke who saw this and isn't under their jurisdiction. This is way more controversal than anything that happened in Waukesha. The dem side also put a gag order on their commititee so the one Republican can't expose them and their antics.

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Heather Rayne Geyer

9:41 am on Thursday, April 21, 2011

Her WHOLE life? No.

She graduated with honors from the University of Wisconsin Law School
She has an undergraduate degree from Yale also with honors
Masters in Public Affairs from Princeton University
Teaches at the UW Law School since 1990
Peace Corps Volunteer in Botswana for 4 years
Member of the Legal Association for Women
Mentors with the Dane County Bar Association
English as a Second Language (ESL) tutor

What have YOU done lately? I am sorry but I am sick of people saying how inept, ridiculous or inexperienced she is. Her resume seems pretty impressive to me and I have to wonder what all of you have done with YOUR lives to be so critical of someone else's.

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CowDung

11:36 am on Thursday, April 21, 2011

People can only comment on her inexperience if they personally have more experience than the person they are being critical of?

I think it is entirely fair and appropriate to compare her experience with that of Prosser and draw conclusions and make criticisms based on the comparison.

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Duane Michalski

9:37 pm on Thursday, April 21, 2011

She sounds impressive except one thing...she also puts 80 something old farmers in jail! She is a hack at best!

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Bob McBride

9:52 am on Friday, April 22, 2011

Regardless of her credentials, she has now effectively forfeited her integrity by becoming a tool of the political left in what is, apparently, to be their strategy from here on in - attempt to negate the results of elections that don't go their way.

Julie

8:38 am on Thursday, April 21, 2011

I am actually agreeing that this needs to be done to silence the people who won't take the results at face value. If mysterious boxes of uncounted votes and intentional undervotes suddenly show up by some outside chance and swing the results, then the voter fraud in this state will be too blatant to ignore.

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Dennis Allen

12:15 pm on Friday, April 22, 2011

Duane, maybe you need to research the complete story from an objective angle about the 80 year old farmer. Why was he put in jail? Who caused him to be put in jail ? Evidently , the answers will suprise you.

Elaine Blonigen

9:06 am on Thursday, April 21, 2011

I don't get it. She was willing to declare victory with a 200 vote margin but now she can't accept defeat with a 7300 vote margin? She had plenty of confidence in the system when she thought she had the lead. But that is the rules for radicals? Never admit defeat and always make someone the enemy and never give up. When the recount shows she lost will she remove her scarf and admit defeat?

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Dennis Allen

9:24 pm on Thursday, April 21, 2011

You're right. You don't get it.

Dan B

9:09 am on Thursday, April 21, 2011

What's up with the scarf thing?

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Randy1949

12:19 pm on Thursday, April 21, 2011

It's someone who read Dress For Success in 1980 and since then has concentrated more on her job than on a wardrobe consultant. What possible relevance can it have?

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Heather Rayne Geyer

9:50 am on Thursday, April 21, 2011

"She was willing to declare victory with a 200 vote margin but now she can't accept defeat with a 7300 vote margin?"

Wow. Broken record much? You could play a drinking game to this thread.

Listen, after this whole debacle in Waukesha, I would think any voter would want everything examined with a fine toothed comb. How can we have a democracy when we cannot even trust our voting system? This woman has a long history of questionable practices. Enough to even be asked for an investigation - TWICE. She was also involved in a case where she made a plea deal testifying against legislators and has had a direct affiliation with Prosser. AND she was the most recent President of the Republican Women Of Waukesha County Executive Committee. The whole thing stinks and regardless of the winner, the system itself needs to be fixed and this may be the only way to do it.

You can bet your booty that if the shoe were on the other foot, the exact same decision would be made.

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Jay Sykes

10:00 am on Thursday, April 21, 2011

One can ask for a recount on a ward by ward basis. I agree she should ask for, and deserves a recount, she should limit it to Waukesha County only; the Waukesha County clerk appears less to be than competent. Can you explain why we need a statewide recount?

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Steel

10:53 am on Thursday, April 21, 2011

No. If the "shoe were on the other foot" it wouldn't be the exact same decision. This is a waste of time, money and energy. But when the results are verified with Justice Prosser remaining the victor and having recieved the majority of votes it'll be entertaining to watch the liberals cry again and again and again and again...

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Bob McBride

2:30 pm on Thursday, April 21, 2011

Nonsense. Got a problem with Waukesha, scrutinize Waukesha. This isn't about Waukesha, it's a fishing expedition for "undervotes", being directed by a guy who found a bunch of "missing" ballots in the back seat of a car. It's gone from a verified mistake to an opportunity for mischief. Care of this great, qualified candidate for our Supreme Court that you so admire.

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Dennis Allen

4:48 pm on Thursday, April 21, 2011

Jay Sykes : If you will go back and reread the article after the part about Kevin Kennedy and the goverment accountability board the article explains why the recount is for more then one county. As for having no experience as a Supreme Court Justice, who has any experience until they have served. As in any job calling for experience, how do you get the experience until you do the job ? Even your man had no experience until he was elected the first time.

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Lyle Ruble

4:59 pm on Thursday, April 21, 2011

@Dennis Allen... Correction, David Prosser was appointed to the bench by Tommy Thompson and then was elected two years later.

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Chris Heather

9:54 am on Friday, April 22, 2011

Hey Heather, kind of sucks that the Jim Doyle and his merry henchman in the state congress either vetoed or shot down all voter and election reform bills while they were in charge huh?

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Keith Best

11:57 am on Friday, April 22, 2011

There is a point where rational thinking comes into play. It's too bad the Kloppies don't know what that is.

Dave

10:42 am on Thursday, April 21, 2011

OK why does a recount cost a million dollars? I will do it for 500000.00

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Dennis Allen

9:27 pm on Thursday, April 21, 2011

Thank you Lyle. But my point is still how does a person get experience on a job without doing the job ? Everyone has to start somewhere. Even Prosser.

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Duane Michalski

2:18 pm on Saturday, April 23, 2011

Dennis, she was passed up twice, once by Doyle and once by Obummer. She was NOT qualified then and she is NOT qualified now. As far as experience....how about working in a muni court for awhile and work your way up. That is how it usually works, unless you are the owner or something. Everyone starts at the bottom. She assumed she could just start at the highest court in Wisconsin.

John J. O'Neill Sr.

11:50 am on Thursday, April 21, 2011

Dan B surges into the lead in the most ignorant comment contest; no need for a recount there! @ HRG; well put.

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Nate

2:59 pm on Thursday, April 21, 2011

I have a question: Why does she always wear a red scarf? Of yeah, the color of communism.

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Lyle Ruble

3:14 pm on Thursday, April 21, 2011

@Nate.... "red baiting", are you a member of Joe McCarthy's family?

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Tiffany

4:03 pm on Thursday, April 21, 2011

I'd like to know about the red scarf also...any color scarf. I don't even think that was "dress for success" in 1980??
I can say without a doubt, that if Justice Prosser had lost by over 7,000 votes I would think a recount ridiculous. 20 votes yes, maybe even 1,0000 but not over SEVEN THOUSAND.
IMO it's a waste of time and money, but if that is what she wants, we can't stop her now can we.
Let the games begin....again.

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Randy1949

4:45 pm on Thursday, April 21, 2011

Payton, there was a period when the ads for realtors (and I used to get quite a few in the mail) had every one of the women in that get-up, to the extent that I started calling them the 'scarf gals'. The blazers or dresses were navy blue, and the scarf contrasted. So what if it's red?

Terry

4:16 pm on Thursday, April 21, 2011

Not only inept, unqualified,lied-about-being liberal,cry baby, indebted to the ass unions, but now a Re-count??? REALLY??? Make her pay for it. She is a complete joke as a human and certainly very unprofessional,discourteous, undisciplined,unsophisicated,hippie lefty moron. Wow the perfect candidate for some of you. After she loses -AGAIN- will that be enuf? Three strikes and you're debenched!!!!

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Nate

4:25 pm on Thursday, April 21, 2011

@Lyle.....no, just curious. I noticed her supporters hold up signs with a logo that is awfully close to the Wisconsin Socialist Party's as well.

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Lyle Ruble

4:35 pm on Thursday, April 21, 2011

@Terry... How can you be de-benched if you've never been benched. @Payton... I've noticed that a lot of older middle aged women are wearing scarves, my wife included. If I remember the women's dress for success in 1980, it was scarf tied in a bow. I am curious whether she has a scar or something she is covering. @Nate... Yah, we on the left can't get to far from our socialist roots.

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Weimar Republican

8:25 pm on Thursday, April 21, 2011

Terry,
You have a vay mit verds. You use a lot of them to say nothing.

Nate

6:31 pm on Thursday, April 21, 2011

Lyle, nor can I sit too far away from my pot of tea.

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Rick

9:14 am on Friday, April 22, 2011

@All... Can we skip the name calling and discuss issue?

Why recount?

To restore integrity to the election process...
The real flaws in the election process, same day registration, 3rd party registrations, old voter roles, no proof of who you are when you get your ballot, etc... these are the things that will restore integrity; not politically motivated recounts.

Because she has the right...
OK very true. But again against what odds and at what cost? If it was more than 1/2% margin, I have no doubt that a recount would have been requested. Why? Because the overturning of the election isn't the goal.

So what do I think the goal is?
1. Either to hold up the implementation of the "budget repair bill" provisions
2. To keep the union base energized for recall elections

If I am right on either point, they are futile efforts that in the end will back-fire on the unions. As so many of the tactics to date have done...

Vote for Kloppenburg to stop Walker... Energized those who think a supreme court election should be about the candidates... Like me.

Prosser = Walker... Got out the "support Walker" crowd out-state

"Put up a Support the Union sign in your business... or else" Only enraged many people that may have ignored this election, to Prosser's benefit.

Think about it... 1.5 million votes cast... In a spring election, not a presidential election. Who's voter base responded to the call? The unions or the tax payers?

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Steel

9:26 am on Friday, April 22, 2011

Well stated, Rick. Thanks!

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Randy1949

10:35 am on Friday, April 22, 2011

Union members aren't taxpayers? Wow! If I thought my paycheck and real estate would be tax-free, I'd find myself a union to join PDQ. Local Brotherhood of Walmart Greeters sounds good.

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Dennis Allen

12:23 pm on Friday, April 22, 2011

You people contuine to ingore the FACT that union people pay taxes too. Do you think that because they belong to a union they pay less taxes then you ? You're talking about your neighbors, the man across the street, The couple that live 2 houses down. WTH is the matter with you people ? Good post Randy.

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Keith Best

12:33 pm on Friday, April 22, 2011

Private sector unions deal with the company (the employer). The tax paying public is the employer of the public unions and we cannot afford and cannot sustain the tax levels with the economic situation and the fiscal mess this state is in. Besides collective bargaining is NOT a right, but a privilege. And since unions almost never agree with anything that needs to be changed, it's time tthey were weakened since WI. has some of the strongest civil service protections in the country. Unions calling for boycotts against certain companies that will only hurt the working folks there was the last straw.

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Lyle Ruble

12:50 pm on Friday, April 22, 2011

@Kieth Best... Your statement about the Wisconsin Civil Service as being one of the strongest in the country is totally incorrect. They are archaic and have not kept pace with changes in employment law and accepted business practice. The collective bargaining agreements were used to perform this function. If collective bargaining contracts will no longer be allowed, then the Civil Service Code and Statutes must be updated. Many think that the Federal Labor Relations, the EPA and EEOC statutes cover all related conditions covered under collective bargaining agreements ; but they are also equally misinformed.

Chris Heather

9:48 am on Friday, April 22, 2011

http://www.620wtmj.com/shows/genemueller/120345299.html?video=pop&t=a&bctid=CLIP_ID_1499210

Yes she is such a real winner. Just imagine if she was actually asked a tough question like something about Voter ID or Conceal & Carry

I see now why Jim Doyle and Barack Obama did not find her qualified for the judiciary positions.

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Randy1949

10:30 am on Friday, April 22, 2011

A judge is supposed to take some time to think about a decision -- hours or even days on a complex constitutional issue. That was a rather loaded question.

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Nate

10:46 am on Friday, April 22, 2011

Doyle or Obama calling anyone unqualified is calling the kettle black.

Chris Heather

10:49 am on Friday, April 22, 2011

Unfortunately that just a spin by you. That question was not complex or a constitutional issue.

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Bren

11:03 am on Friday, April 22, 2011

I remember a time, not so long ago, when people reached out to help each other, to include each other, not work so hard to shut people out. When I fell and broke my leg a few months back, not one person stopped to ask if I needed help. I don't want to take away other people's health or pension benefits. I want all of us to have affordable healthcare. I want every kid to learn music, art, and social studies. Rich children receive instruction in these subjects because their parents know that the arts (performance and liberal) provide a greater world-view and in the case of music specifically, stimulate brain function and increase IQ in young children. You should see the impact music ed has on Alzheimer's patients, people with neurological and development disabilities, and kids at-risk. It's unbelievable. It's the American dream to be able to better ourselves, and to vote in elections, and to speak our minds. There are places in the world where speaking your mind will get you and your family arrested, beaten, even killed. How can anyone even consider diminishing the wonderful gifts of democratic access, good education, and health security? And to what end? If everyone paid their fair share, everyone would have better lives. I prefer to focus on promoting that idea instead of demonizing people with better benefits, and cheating children out of learning or sick people out of meds. 22 million jobs were created in this country when rich people paid 39% tax.

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Rick

11:05 am on Friday, April 22, 2011

@Randy... The only point you could make was to pick apart the statement of unions vs taxpayers?

Let me be a little more specific so that you don't get hung up on the nuance again. The tone of the supreme court race became about Walker and the "union busting" that the Budget Repair bill is going to do.

So to characterize the choice of unions vs taxpayers is, while a little oversimplified, is a fair statement. And you know that. So why not discuss some of the real point of this election.

The unions, and mostly unions for state and municipal employees, tossed everything they had into this election as a way of denying the voters of Wisconsin from having their 2010 elected officials conduct the states business. The last resort was to get a juror seated on the supreme court that would be favorable to their position. This is not how a representative democracy is supposed to work.

Little lesson in civics for you...

Legislative branch passes laws...
The executive branch is tasked with enforcing the laws...
The judicial branch insures the constitutionality of the laws...

What happens when one branch oversteps their constitutionally defined roles? You have the kind of nonsense that has been occurring not only here in Wisconsin but in Washington. Judges should NEVER make law.

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Bren

11:24 am on Friday, April 22, 2011

Rick, I'm a taxpayer, an independent voter, and not a union member. I, and thousands of other non-union, independent taxpayers voted for Kloppenburg because of statements made that Prosser intended to be a "complement" to Scott Walker's policies. This fits precisely into your point that "judges should never make law." Ex.: Chief Justice Roberts of the U.S. Supreme Court took a state legal matter the Court was reviewing from the state of Michigan and turned it into a national concern. This was activist. Because there were more conservative, activist judges on the SC, this was actually forced through, over the protests of the other non-activist judges (SCJ's are lifetime appointments because they are supposed to be for law, not party politics). Because of Roberts' activism, decades of campaign reform legislation were rolled back and corporate dollars are back to influencing elections. So when I hear that a judicial candidate intends to "complement" political ideology, it makes me believe that the judicial branch would be at risk of losing its objectivity and that is unconstitutional. As an American citizen, I have to do what I can to preserve the integrity of our government.

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Randy1949

12:23 pm on Friday, April 22, 2011

@Rick, it was all I had time for, and your nuances spoke loud and clear.

I'm a taxpayer -- never been a union member -- and frankly, the school tax levy on my property tax bill is bleeding me dry. But let's get real. What does the Budget Repair Bill really do? It keeps on collecting the same amount of money from state taxpayers, takes what used to return to the local governments and gives it to business, and then sticks it to the local public employees so that we the taxpayers won't notice this new tax shift on our property tax bills.

" The unions, and mostly unions for state and municipal employees, tossed everything they had into this election as a way of denying the voters of Wisconsin from having their 2010 elected officials conduct the states business."

All well and good IF Walker had campaigned on the issue of ending collective bargaining. He did not.

You needn't give me a lesson in civics. The Wisconsin Supreme Court will be ruling on the legality of the way the collective bargaining provision of the bill was passed as it applies to our Open Meetings law. It's a very fine legal point. That is not 'making law'. It is a ruling on whether or not a law was passed legally.

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M C

1:05 pm on Friday, April 22, 2011

Randy1949, regarding your last paragraph, the only reason all these questionable tactics came to be an issue at all, you should recall, is because the democrats left the state instead of completing their legal obligations.

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Randy1949

1:24 pm on Friday, April 22, 2011

@M C Yes, they turned something that should have happened quietly and with no fanfare into a big incident. People found out. People objected.

I wish it were a legal obligation for candidates running for office to be honest about what they actually plan to do.

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M C

1:40 pm on Friday, April 22, 2011

"People found out. People objected."
You act like this was some kind of process cloaked in secrecy. These were public proceedings, and people could and did object at any time they wanted. But you brought up legality, and now you disregard it when it is not in your interest to maintain it?

Were the democrats obliged or not, legally speaking, to stay in Madison and fulfill the obligations of their office?

As to being honest about plans, if someone had a crystal ball in October that said that the Republicans were going to completely upset the balance of power in Madison in the November elections, and then carry out legislation on X, Y, and Z, then I guess they should have come forward with that information. On the other hand, if the Republicans were voted into office by the majority with the hope that they would bring with them change in how state budgetary policy, etc., was done, then they saw a move in that direction.

You can't be honest about an unknown future; you can only represent who you are and what your outlook is. I don't think Walker, et al, were dishonest in that regard.

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Lyle Ruble

2:06 pm on Friday, April 22, 2011

@MC... In regards to your above statements... I maintain the voters in the state were not informed of Candidate Walker's full plan for getting government spending under control. People are not mind readers. Not everyone is convinced that unknown change is necessarily a good thing. I maintain that if the electorate was fully cognizant of Walker's plans that he would not have been elected. As the events of the next year unfolds, we will all see the consequences of Walker's policies. If they work out the way I think they will, we may have a recall election for Governor for the first time in state history.

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Randy1949

2:30 pm on Friday, April 22, 2011

Thank you, Lyle. "Hello, I'm Scott Walker. Elect me, and I will balance our budget without raising your taxes and bring jobs to our state." What's not to like?

I knew Scott Walker was an extreme conservative, and I had read much of the criticism of his time as County Executive, so I voted for Barrett. When Walker won, I thought, well we've have Republican Governors before -- how bad can it be? He showed us, didn't he?

I don't think his victory margin was that big. I doubt he'd have won if he'd run on a platform of busting the unions and giving tax breaks to business at the expense of social programs and the schools.

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M C

2:53 pm on Friday, April 22, 2011

Lyle, to be frank, I would be loathe were we to have a recall of the governor or others over this issue. In my opinion it is a misuse of the recall. I don't believe we should use recalls over political issues, but only over gross misuse of office. Some argue that this makes recalls of the Dems who left the state justified. I'm uneasy about that. And I'm opposed to recalling anyone from either side of the aisle over disagreements, however strong, regarding their political agendas. That is what elections are for. Give them their allotted time to carry out their efforts. There will be another election soon enough. We don't even know yet how successful these policies will be. Recalls on either side only further divide an already divided public and make productive conversation and policy debates less and less possible.

Randy, "how bad can it be" is a very subjective question. Certainly the way you frame the question and your answer, "giving tax breaks to business at the expense of social programs and the schools," vilifies the governor and shows how you view the matter. Obviously others view it differently.

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Lyle Ruble

2:57 pm on Friday, April 22, 2011

@Randy1949...I am a resident of Milwaukee County and I knew fully well how reactionary Walker is and his questionable history. Many people probably don't remember when he and Paul Ryan appeared on Mark Belling's Sunday morning TV program. He and Ryan's political philosophy were blatently apparant at the time. They both advocate as extreme right wing philosophy and are clearly Ayn Rand Libertarians. Also, Walker is an extreme social conservative and I see him making a move on embyro stem cell research. His wife has already come out in support of adult stem cell research. I think most forget he has been on the public payroll for over 15 years. He is a professional politician. He has no other profession, unlike Jim Doyle, Tommy Thompson, Tom Barrett and Rus Feingold who are all attorneys. Mordicai Lee stated before the election that Scott Walker is one of the best politicians he has ever known. As the Kennedy Family were taught, "Public Service is the highest calling". I fear a Scott Walker because he is an ideologue and is not prone to comprimise. With him it is all or nothing at all. His stand on collective bargaining is a prime example. I am sure he has designs on national office.

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Lyle Ruble

3:15 pm on Friday, April 22, 2011

@MC... I do not take recalls lightly. However, they are elections and they have a place. Our governor may be placed in the position for recall, not because of his political philosophy, but because of his actions. To subject the electorate to what I consider a "bait and switch", is an indication of an ethical construct that does not agree with most midwesterner's idea of appropriate conduct. Our ethos normally responds to the concept of trusting a person's word. Playing in the shadows of legitamacy and walking the razor's edge of authenticity is something that most don't tolerate very well. If you view his actions in the right light, he has made an unprecedented power grab for an executive. He makes Tommy Thompson look like a light weight and Thompson has always been percieved as a super strong executive. Just be warned, tyrannies begin with simple steps. Recalls are a safety net for electorate for incompetence and dishonesty.

Lyle Ruble

12:36 pm on Friday, April 22, 2011

@Rick... I am concerned that too many people are attempting to frame the argument as unions vs. taxpayers. It is logically inconsistent; that since unions are composed of individual taxpayers, that the dissolution of their unions' power would be in their self-interest as taxpayers. You and others premise that the term taxpayer refers only to private employment taxpayers. John Galt of Muskego and Bob McBride the III have asked their opponents to be intellectually honest. You and others, with the way you have framed it, are being intellectually dishonest.
What's at stake here is to silence the progressive voice through cutting off the funding to liberal, Democratic and egalitarian candidates. Since the U.S. Supreme Court ruled 5 to 4 to equate campaign contributions as free speech and entities such as WMC/WRA pour large sums into local races; without union contributions, the political right is then able to control the message and elect governments that favor your world view. Thus, a single party system is created and a single world view is enacted.
The Kloppenburg vs Prosser race reflected a snapshot of where the state stands; divided between progressives and moderates verses conservatives and libertarians. The fact that the race was to be a no contest race should be an indication that the conservative forces are not nearly as strong as their own rhetoric would lead one to believe. Therefore, it is necessary to silence the left and moderates; stacking the deck.

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Jay Sykes

1:14 pm on Friday, April 22, 2011

Lyle, I don't know that the "snapshot", Wisconsin's Supreme Court race, is anything but a blurry photograph. There is lots of red and blue, but not much purple. It does not show the November flip from all Democratic to all Republican control was fluke; if it was a Prosser=Walker referendum.

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M C

1:15 pm on Friday, April 22, 2011

Lyle, I too am concerned that this not be framed an issue of unions versus taxpayers, but for different reasons. This election was supposed to be about the election of a judge to the supreme court, but instead the election was made into something entirely different, a referendum on other political issues. This is a judge position for 10 years, and as such the discussion should have centered on who would serve that position best. By those standards, in my opinion, any reasonable person would not prefer Kloppenburg over Prosser.

I can appreciate that there are many of a liberal viewpoint who would be less than enthusiastic about Prosser (although we should all remember that he is a moderate, not some hyper-conservative reactionary). I can understand that they would prefer a different candidate. What is so disappointing is that the alternative would be Kloppenburg, who has no experience at all as a judge, or even as a lawyer addressing the breadth of issues that a supreme court justice might be expected to have experience with. She is an environmental lawyer, and a very ideological one at that. She simply is not qualified to serve as a supreme court justice.

But this election was not about who was qualified; it was made to be about all these other issues.

As to your other assertions, I would question them and what you conclude from them. But I'll not spend more time on that now.

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Lyle Ruble

1:47 pm on Friday, April 22, 2011

@Jay Sykes & MC... This election for Supreme Court Justice took on additional meaning for the lefties since it was the first state wide election since Walker took over as governor. The race lost its focus when the third parties took over the message and the two candidates were left out. From my point of view, if Prosser won, which I strongly felt that he would; the mix on the High Court would not change. Prosser's positions and decisions have clearly put him on the right of issues. This is consistent with his history as both a prosecutor and a legislator. Of the two candidates he was the only one with a judicial record. On the other hand, Kloppenburg does not have a record as a judge, but is highly credentialed as an attorney working for the AG for the last 21 years and teaching law at the UW. But again, it was not about either one of them, it was all about Governor Walker and the "bomb he dropped" after taking office. I really don't think we can discern anything from this race except the state is deeply divided over the current administration and legislature. Now, the question before us, is why with such an overpowering lead, would Kloppenburg decide to ask for a recount. All of us are running on pure conjecture at this point. I don't have a clear view as to what is to be accomplished by the recount. I have to agree with my conservative friends that it is probably an unwarranted cost to verify something we already know. I for one will continue to watch and see what develops.

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M C

2:01 pm on Friday, April 22, 2011

Kloppenburg is highly credentialed, but if you were to look at her record objectively, I don't think what would come to mind is, "this looks like a person who should be on the supreme court."

But Lyle, I appreciate your comment, and think it largely accurate. Thanks.

M C

12:59 pm on Friday, April 22, 2011

"the largest swing in a Wisconsin election recount was 489 votes — or 15 times fewer than Kloppenburg would need to emerge the victor."

It seems to me that this pretty much says it all as to what the motivation is for calling a recount. Calling for a recount is not about fairness or integrity. No recount has ever come even close to what is needed to swing this election back to Kloppenburg. This is pure politics, keeping up controversy around this election, Walker, and all that has gone on in the last months up to now in the Badger state. I would disdain Prosser just as much for calling a recount under such circumstances. And, contrary to what some here have said, I don't think he would have done so. I think he would walk away. He didn't ask to be at the center of this firestorm; he just happened to be the guy up for reelection at this particular time.

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M C

1:18 pm on Friday, April 22, 2011

"Calling for a recount is not about fairness or integrity"
I meant to say, "calling for THIS recount"

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Bren

1:37 pm on Friday, April 22, 2011

MC, Prosser actually had his team in place for a recount. He didn't ask to be at the center of the firestorm I am sure. But the best way I know to start a firestorm is to set yourself up as a judge who will "complement" a political ideology. Corporate money is pouring into elections at every level because of a Supreme Court Justice who was "complementing" political ideology. A politicized judiciary does, at the very least, a tremendous disservice to our democratic form of government. At worst, it leads as Lyle eloquently points out, to a "single party system." E.g., Nazi Germany, U.S.S.R., "Communist" China, North Korea, North Vietnam, Libya, et al. No one in the full possession of their mind could want to destroy democracy! And I do believe greed is an addiction, as mind-warping and destructive as heroin, crack, or crystal meth.

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M C

1:49 pm on Friday, April 22, 2011

He had his team in place for a recount when the vote difference was in the hundreds, not the thousands.

I'm not sure what I think about the "complement" idea. I'm not sure how much that quote is a politicized use of a quote, how representative it is of how Prosser has been on the bench, and I cringe at any comparison of this situation to the Nazis or communists. It is, in my view, a ridiculous comparison.

I do, however, agree with you that greed is an addiction, as is power, to which all our leaders are susceptible - on any side of any aisle. But we have a record for Prosser, and it does not indicate extremism. So why bring it up. He is a known quantity, and at 68 I don't think he is going to run down some new extreme avenue in the future. His opponent, on the other hand, leaves one with many more questions on how she would judge…

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M C

1:56 pm on Friday, April 22, 2011

Speculating on what Prosser might have done still shifts attention away from what Kloppenburg has done in requesting a recount, which was the original point of this post.

Bren

2:52 pm on Friday, April 22, 2011

MC, the reference to single-party systems was in regard to the bad road of the Republican strategy to diminish the Democrats' funding base (as presented by Rep. Fitzgerald on Fox News). You should cringe. And the dangers of one party, one voice should be pointed out again and again until everyone cringes. Republicans dangle shiny baubles-unions, teachers, etc. to excite their mid and lower income and christian bases so that they vote Republican. Enough Republican votes allow the wealthiest people in the country and their mega-corporations to ravage our country's resources and prosperity so they can line their pockets. Even the Robber Barons had a minuscule shred of decency, with their concept of "clean graft." All the issues on the table, like Medicare, threaten all our futures, but it's meaningless to the richest people. In these terrible days, voting Republican if you earn less than $300k/year is like asking for a one-way trip to the glue factory, if we can make a brief switch from Rand to Orwell.

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M C

3:06 pm on Friday, April 22, 2011

Wow, what can I say? I think I'll just say it again: "I cringe at any comparison of this situation to the Nazis or communists. It is, in my view, a ridiculous comparison."

Rick

4:28 pm on Friday, April 22, 2011

@Lyle... I WAS a Milwaukee county resident till about 3 years ago. I got out because I figured it would become a tax nightmare after Walker ran for higher office. My concerns have yet to come to fruition but I suspect that they are not far away.

@Randy... glad the civics lesson was not needed. But there is a not so small matter of the Dane County judge ruling on legislative process and NOT points of law. The open meetings act is what is the smoke screen (remember it was a special / emergency session) and the fact that exact legislative process may not have been followed is moot. That is according to Mordic Lee on the night that the conference committee meet. Which brings us back to this election...

If the points that you claim are rulings on law are correct, why then is it so important to insure that a activist be elected to the supreme court? Basically it is because the Governor's seat and both houses of our legislature are in conservative hands. Where else but the courts can the unions go? It will only go their way if they have jurists that want to MAKE LAW FROM THE BENCH. That is not the role of the courts. The concept of win at any cost in life is bad enough... but win at any cost in politics is very dangerous.

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Randy1949

4:37 pm on Friday, April 22, 2011

What makes you characterize Joanne Kloppenburg as an activist?

Keith Best

6:23 pm on Friday, April 22, 2011

Kloppie is an environmental activist. Ask Tony Pepito who built a beautiful restaurant out of a dump building on Silver Lake in Summit. She put him out of business before the place could get of the ground with frivolous litigation. That is one of thousands of instances from this "activist."

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Randy1949

7:32 pm on Friday, April 22, 2011

Google is your friend. He said something else here: http://www.livinglakecountry.com/oconomowocfocus/89913592.html

"Owner Tony Pipito confirmed the business's closing, saying that corruption at City Hall under Mayor Maury Sullivan's leadership is to blame."

And here: http://www.livinglakecountry.com/oconomowocfocus/news/97003479.html

And here: http://www.franklinnow.com/blogs/communityblogs/44150782.html I see the name Van Hollen rather than Kloppenburg.

And here: http://www.livinglakecountry.com/oconomowocfocus/news/49436042.html DNR Secretary in 2008 Was Matt Frank.

Finally, go here ( http://news.yahoo.com/s/dailycaller/20110403/pl_dailycaller/inwisconsinsupremecourtracekloppenburghasantibusinesshistory ) and scroll down to a comment by Wisborn:

"Fact: Pipito and his restaurant were NOT a party to the action. Pipito would have incurred NO attorney fees in the review/appeal process because he was NOT a party to it.

Fact: The court records indicate Pipito’s financial problems predate the variance appeal and were NOT caused by Kloppenburg. Pipito and his restaurant, Porticello, have been defendants in numerous lawsuits seeking to collect unpaid amounts owed. The lawsuits go back years."

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