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Mary Bottari

Mary Bottari

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Wisconsin Common Cause: Count Every Vote in Contested Supreme Court Race

Posted: 04/ 9/11 06:04 PM ET

Many voters went to sleep in Wisconsin and thought they woke up in Florida on Friday after a "Republican activist" county clerk announced that she discovered an extra 14,315 votes in a hotly contested Supreme Court race. Not surprisingly, the votes went to the conservative candidate giving incumbent justice David Prosser a 7,500 lead over challenger Joanne Kloppenburg. Oddly, 7500 was the exact number of votes Prosser needed to avoid a statewide recount.

The Supreme Court race has garnered national attention as a proxy vote on Governor Scott Walker's radical proposal to end collective bargaining in the state and cut a billion dollars from public schools.

Long Time Republican Apparatchik

The county clerk in question is long-time Republican apparatchik Kathy Nickolaus. Nickolaus got her start in GOP politics in 1995 when the Republican Speaker of the Assembly was -- that's right -- David Prosser. She worked for Prosser's Republican Assembly Caucus, one of four GOP and Democratic legislative groups that were shut down following a criminal investigation for illegal campaign activity on state time.

Nickolaus first came to public attention in 2001 when she was granted immunity from criminal prosecution in exchange for testimony against her bosses at the Assembly Caucus. The case resulted in unprecedented convictions of Democratic and Republican legislators on felony counts of misconduct in office and arranging for illegal campaign contributions. Both Democratic and Republican leaders were sentenced to jail time.

In the caucus, Nickolaus was the person who ran the numbers, creating databases for illegal donations, partisan mailings and the like. When she escaped criminal prosecution, she hightailed it to Waukesha where she ran for county clerk in the conservative county in 2002.

She later botched a 2006 vote and stirred controversy by placing the entire voting system on her own personal computer. Prompting the County Corporation Counsel to charge: "If she wants to keep everything secret, she probably can."

On Thursday of this week, she called a press conference to announce the new vote totals that put Prosser over the top and blamed "human error." She claimed that the canvass was a "open and transparent" process, yet she found the error at noon on Wednesday and sat on the information for 29 hours, not even telling top election officials at the Government Accountability Board. According to election observers, the issue of 14,315 additional votes from Brookfield was never discussed at the canvass. But, this information somehow made its way to right wing bloggers before her press conference.

Reaction Swift

Wisconsin Citizen Action has demanded that federal prosecutors step in, confiscate her computer and start an investigation. "In the current political climate in Wisconsin, only an investigation by a U.S. Attorney can be seen by all citizens of the state as independent and above politics," said Robert Kraig.

The Kloppenburg campaign has demanded "a full explanation of how and why these 14,315 votes from an entire city were missed." As part of the search for that explanation, the campaign plans to file open records requests for relevant documents.

Meanwhile, both Kloppenburg and Prosser have lawyered-up. Kloppenburg is being represented by Marc Elias, the attorney who handled Al Franken's U.S. Senate recount fight in Minnesota. Prosser is being represented by Ben Ginsberg, who served as national counsel to former President George W. Bush's campaigns in 2000 and 2004 and was central to the 2000 Florida recount.

Lessons from Bush v. Gore Florida Recount

2011-04-09-banpalmtreesmall.jpg

The Florida recount is on the mind of many Wisconsin voters. The big lesson from the nightmarish "hanging chads" recount "is that you need a total statewide recount. If you only recount select counties the perception is you are only selecting counties that favor you," says Jay Heck, the head of Wisconsin Common Cause.

Heck issued a statement on Friday:

"The incredible and almost unbelievable events of the last two days with regard to the reporting of votes in the City of Brookfield in Waukesha County in Tuesday's election for the State Supreme Court warrant a full investigation by the Wisconsin Government Accountability Board, the U.S. Attorney for the Eastern District of Wisconsin, the Wisconsin Department of Justice and the District Attorney of Waukesha County. Furthermore, the Government Accountability should authorize and supervise a statewide recount of all ballots cast in Tuesday's elections and such a recount should be funded by the State of Wisconsin."

Why so many parties? Because this is the same constellation of offices that investigated the 2002 caucus scandal, giving voters more confidence that the manner was being handled appropriately and in a bipartisan fashion.

If Wisconsin is not to irreparably harm its reputation as a functional and relatively noncorrupt state, many cheeseheads believe that a statewide recount is a necessity.

 
 
 
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03:40 PM on 04/11/2011
Nickolaus doesn't seem like the type of person that anybody wants in charge of votes. Let the dust settle. If she did something wrong it will come out. Could it be that she purposely reported late to prevent additional votes being found on the other side?

Bush came up the winner in every Florida recount performed including that by the Washington Post.
12:18 PM on 04/13/2011
"Bush came up the winner in every Florida recount"

I suggest this is not so clear, life in the good old USA would probably be different now....
http://www.factcheck.org/askfactcheck/when_the_votes_were_recounted_in_florida.html
01:54 PM on 04/11/2011
OK people, here are some numbers from Brookfield's posted results. This does not prove fraud, but raises some questions.

No doubt more in Brookfield would lean toward Prosser, but nearly 12% more people voted in the Supreme Court race than voted in the Circuit Court race between Stilling and Carter, which was probably a more visible race over the long term. But what is also odd, almost 17% of the people who voted for Stilling (also a woman) did not bother to vote for Kloppenburg. 66% of voters chose Carter over Stilling, while 76% chose Prosser over Kloppenburg. Although Stilling was the incumbent, she had only been there since last summer (jul 2010, appointed by the dem. gov.). Then the strangest part is that the vote difference pushes Prosser's total just past the 0.5% threshold for a re-count.
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Lorenzo&BushH8ter
05:52 PM on 04/10/2011
How can this be?.......I found ballots for Wisconsin, online, for absentee voting.....

http://www.longdistancevoter.org/files/voter_forms/Wisconsin_absentee_english.pdf
08:18 AM on 04/10/2011
Another reason why vote counts should not be reported until 24 hours AFTER the polls are closed.
07:09 AM on 04/10/2011
Votes are like money and every time someone counts it where I can't see them I come up short. I say lets let the 5th graders count them and they don't need SAVE BUTTONS, they will simply count and add.
photo
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mwade002
06:46 AM on 04/10/2011
Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.
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SitandStay
Lorenzo&BushH8ter
01:28 AM on 04/10/2011
Apparatchik : : a blindly devoted official, follower, or member of an organization (as a corporation or political party)

Perfectly describes her.
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Lorenzo&BushH8ter
12:53 AM on 04/10/2011
Does anyone know the age of, Ramona Kitzinger, the Democratic "assistant" that was APPOINTEED by Kathy Nickolaus?...perfect unwitting "accomplice".
More than likely she did what she was told would "justify" the reconciliation of the count and said, "it jibed".
12:25 AM on 04/10/2011
do any of the readers on this site ever fact check these articles??? the election results from brookfield were posted on the city's website the night of the election. there is time stamped proof of this. this writer is suggesting that somehow the votes were "discovered". the votes were counted on election night. they just werent reported to the AP. im pretty sure the AP is not the institution that is in charge of counting or reporting votes to the secretary of state. thats why they have canvassing boards. where exactly is the fraud??? its shocking how you people just follow the liberal media like sheep.
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Lorenzo&BushH8ter
12:47 AM on 04/10/2011
There were a number of us, online and at HP and the AP real-time election website. Those results were NOT posted and we were all counting, Perhaps HP can retrieve the comments from the wee morning hours as we all waited and waited and waited for AP to repost the latest results,. After several hours of no change, we decided to get some rest and recheck in the morning.
Liberals and Democrats are open minded and inspect everything we hear.....we don't just repreat what we are told.
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john649
12:52 AM on 04/10/2011
yes, its FRAUD!!!! by a a known fraudster and a corrupt alliance.
12:15 AM on 04/10/2011
Kathy Nicholaus? ... I read it as Katherine Harris at first - then when I read about her forgetting to "save" her Access database, I thought of Rosemary Wood's clunky foot (dating myself, but the erased Nixon tapes were "human error" also)
12:14 AM on 04/10/2011
The only thing that keeps a Democracy from folding into fascism is trust. We now have such a fragile and tentative hold on that trust that a paper ballot trail better exist. Any electronic trail is so easily corrupted that even the best forensic experts can't find the absolute answer. We need a system that gives us a cash register receipt of our vote. Then we can go stand in the rain with blue shirts and red shirts on to validate our intent. I've also become convinced that even the most vocal assertive voice claiming allegiance to a particular party is bogus. Like Gaddhafi's thugs riding around in pickup trucks to fool the Nato plains.
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Lorenzo&BushH8ter
12:38 AM on 04/10/2011
The Comment of the Weekend, at least!

At a time when apathy will have devastating effects, we sure don't need these sorts of shenanigans. The testimony of the ease of corruption of the electronic votes in Florida stings as every election voters worry and wonder if their vote REALLY counts.

Thank you. F&F.
11:40 PM on 04/10/2011
THANKS
03:56 AM on 04/10/2011
"The only thing that keeps a Democracy from folding into fascism is trust."

Well, that's hardly the "only thing" that does. Constant vigilance, an unyielding respect for the truth, a vigorous commitment to defending fundamental rights, and complete willingness to stand up to would-be tyrants at every turn--especially, early in their hoped-for careers--are also necessary and important elements. But your point about the necessity for a paper ballot that can be examined after it's cast is certainly critical. On that score, you're absolutely right.
11:15 AM on 04/10/2011
I'm not going to quarrel with our seeming disagreement of semantics but you actually have just broken down what I essentially said into the various parts that make up trust, or at lest the way I define it. I would add another quality and that is humility. Our language has become so bombastic, arrogant, and loud that we are screaming past each other. We confuse intelligent debate with snarky little tweets for genius. The arrogance of the moment seems to win the debate
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Lorenzo&BushH8ter
12:10 AM on 04/10/2011
Perhaps Ramona Kitzinger could be given immunity this time around for her testimony about KN.
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Andrew Locascio
03:42 AM on 04/10/2011
Problem is for the right deal,she's say Santa Claus dropped off the 14,000 votes,Sit.This would be hilarious if it wasn't so damn tragic. Democracy is done thanks to Citizens United,
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Lorenzo&BushH8ter
12:05 AM on 04/10/2011
University of Wisconsin political scientist Charles Franklin (who co-founded Pollster.com, the forerunner of HuffPost Pollster) lent credence to Nickolaus' amended results, however, arguing that Waukesha County's vote "appears to be corroborated by reports from the city on election night, by a Democratic election official and by the plausibility of the corrected data."

"Also at the press conference, Ramona Kitzinger, a Democratic member of the county board of canvass, agreed with Nickolaus and said they "went over everything and made sure that all the numbers jived up, and they did."

How old is Ramona Kitzinger? How technically literate is she?
You do know she, Romana Kitzinger the Democratic observer, is APPOINTED by the county clerk, aka Kathy Nickalous.

This is too important to leave up to a another group that does not have the knowledge or officail means to investigate this miscarriage of justice. Professional criminal investigators should be brought in immediately before MORE EVIDENCE IS DESTROYED!
12:22 AM on 04/10/2011
Simple: count the paper ballots. No paper ballots, no vote occurred.
01:14 AM on 04/23/2011
Miscarriage? Strong word for someone who didn't know the facts. Don't know the facts concerning the votes or the process? No problem. Let's attack a person instead. Then accept the fact Prosser won.
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Freesia2
I'm nicer than I appear in print. :-)
11:01 PM on 04/09/2011
You bet it's a necessity, Ms. Bottari.

Because this is bigger than Wisconsin. Wisconsin has clearly been the testing grounds for the new GOP agenda of using the billionaire funding (looking at you Koch Brothers and Bradly Foundation) to select a candidate, seed him with money and out of state support, put him in place and then turn him loose dismantling unions, state budgets, and local political placements in hopes of creating such trouble and such structural damage that they fancy they can cake walk into 2012 and then do this to the whole country.

Wisconsin is bigger than WIsconsin. It's the litmus test for how far they can go. "Oddly, 7500 was the exact number of votes Prosser needed to avoid a statewide recount". Yes. Of course.That is odd isn't it? Quite.

Count every vote. And investigate this former employee of Prosser and repeat offender in election tampering irregularities. It's important.
09:07 PM on 04/09/2011
Since when is the AP the arbiter of who wins an election? The Secretary of State usually certifies the election winner. Because the AP was misinformed doesn't mean shenanigans. Even the Democrat assistant agreed that the votes were legitimate and simply omitted from the tally in error that was given to the AP.
04:09 AM on 04/10/2011
Congratulations! You've just knocked over a straw horse!

No one has even remotely suggested that the AP is the arbiter. That premise is nonsense.

I'd add that you'd do well not to confuse possible felony election fraud with "shenanigan­s". Those of us who live in Wisconsin don't see it that way, especially in the context of about half of us hoping to prevent--at the ballot box--a would-be dictator from taking complete control of our state. But how nice of you to uncritically take the word of a Democratic election official. (The adjective, incidentally, is "Democratic".)
01:17 AM on 04/23/2011
Felony..strong words as it turned out, hey?