Normally a state Supreme Court judicial race doesn’t have much national significance, but everything coming from Wisconsin these days does. Assistant Attorney General JoAnn Kloppenburg, yesterday, officially requested a taxpayer financed statewide recount of her election defeat to incumbent Justice David Prosser. The official difference between the two candidates is 7,316 votes. The margin was barely within the 0.05% difference that can trigger an official recount. Any amount over this percentage can be tallied again, but the requesting candidate must finance the action.
This particular race was characterized as a referendum on Gov. Scott Walker’s position opposite the public employee unions in a fight that, for a time, attracted almost non-stop national news media attention. Both the unions and conservative organizations invested big dollars, activated large numbers of people, and expended immense effort into winning the April 5th election for their respective candidate. The winner would tip the conservative/liberal balance on the seven-member court one way or the other; hence, the high political stakes. The new law that now curtails public employee union organizing privileges will eventually come before the high court to finally decide, thus heightening the resolve for both sides in this election.
Most of the electoral controversy comes from Waukesha County, located due west of Milwaukee, where one town of more than 14,000 voters was not included in the original count. On election night, it appeared that Kloppenburg had won the election by a scant 204 votes, and declared victory. It wasn’t until the next day that the Waukesha error was discovered, thus igniting the dispute. Though the election is close, finding 7,400 illegal or missed votes is a very high number. Thus, Prosser’s victory will likely stand and the outcome should be viewed as a huge victory for Walker and his allies.
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