Supreme Court Recount Wraps Up; Prosser Still the Winner

More than six weeks after the state Supreme Court election, the recount of votes has concluded — and the outcome hasn't changed as incumbent David Prosser defeated challenger JoAnne Kloppenburg by about 7,000 votes.

The statewide recount wrapped up on Friday when Waukesha County reported its final totals to the state's Government Accountablity Board.

The official totals in that county show Prosser with 92,331 votes, 68 more than were reported in the official canvass report. Kloppenburg had 32,777 votes, 19 more than what what Waukesha County originally reported to the state.

If Kloppenburg was looking for hidden votes in Waukesha County, she didn't find them as Prosser actually saw his margin of victory widen there by 49 votes.

Unofficial statewide totals show Prosser won the race by 7,006 votes, according to tallies that counties submitted to the state. Before the recount, his margin of victory was by 7,316 votes.

Despite the outcome of the recount, Kloppenburg was not conceding defeat and her campaign said she is reviewing her legal options.

"The recount has uncovered numerous anomalies and irregularities. Vote tallies have changed in every county," Melissa Mulliken, Kloppenburg's campaign manager, said in a statement. "Now, as the process calls for, we will review the record and we will determine, based on the facts, the evidence and the law, whether to request judicial review."

The numbers are expected to be certified by the Government Accountability Board on Monday and Kloppenburg would have until May 31 to file a lawsuit, according to the Journal Sentinel .

Prosser's campaign said it's time for Kloppenburg to acknowledge that she lost the election.

"Waukesha's deliberate and transparent recount process should both reaffirm Justice Prosser's victory and provide all assurances to our opponent that the results of the election are in fact accurate and no longer cause for ongoing question," campaign spokesman Brian J. Nemoir said in a statement. "The time has come to move on, confident in both our electoral system and Justice Prosser's re-election.

He added: "As an attorney, Ms. Kloppenburg would know she has a 'right' to go to court, and as an attorney she should recognize it's not the right thing do."

Other Wisconsin counties finished their recounts about two weeks ago, but Waukesha County and asked for an extension until May 26. It finished up about a week before that deadline.

Waukesha County Clerk Kathy Nickolaus recused herself from the recount after a mistake she made on election night — Nickolaus  in her unofficial media report — caused Kloppenburg to declare victory.

When the mistake was discovered, Prosser won the election by about 7,300 votes, pending the conclusion of the recount.