Tag Archives: Supreme Court

Wisconsin Supreme Court: Prosser Now Leads, No End In Sight

More craziness is coming from the Badger State of Wisconsin. The state Supreme Court election held Tuesday, which will likely decide the constitutionality of Gov. Scott Walker’s new public collective bargaining law, has taken a crazy turn. Yesterday, JoAnne Kloppenburg, the state’s assistant attorney general, declared victory by just 204 votes of almost 1.8 million ballots cast. Today, however, a much different story is unfolding. Now the official count has incumbent Justice David Prosser ahead by 40 votes statewide, as the tabulations in Winnebago County were apparently mis-reported by the Associated Press.

Judges in Wisconsin run in non-partisan elections, but it is clear that Prosser is part of the state Supreme Court’s 4-3 conservative majority and Kloppenburg would join the liberal wing to give them the advantage.

Another county clerk also is reporting further discrepancies as the canvass of votes continues. It appears that Prosser will add a large number of votes from Waukesha County. Kloppenburg is getting a boost from some rural counties. The big story, however, may be not counting an entire locality. The town of Brookfield in Waukesha County, was apparently missed altogether. Thus, the Waukesha County under-count could exceed 14,000, no small number especially when dealing with such minuscule differences between the two candidates. If the canvass verifies this mistake, estimates predict that Prosser’s lead will grow to about 7,000 votes.

It is clear that the final result here won’t be determined for weeks, as litigation is sure to follow from the candidate who ends up a few votes short in the final certified tally. The election was cast as a battle between the public employee unions and Gov. Walker’s support groups. The fact that this battle was fought to a virtual draw, with a turnout almost double that of their normal odd-year election (and two-thirds of the total number of those casting ballots in the 2010 general election) must be viewed as a victory for Walker. The unions are energized, have superior organizational ability and resources, and should have finished in the low 50s for this election, particularly in a union-friendly state such as Wisconsin.
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Emanuel Tossed Off Ballot

Rahm Emanuel


An Illinois state Appellate Court, in a surprising 2-1 vote yesterday, removed former White House Chief of Staff and Congressman Rahm Emanuel (D) from the Chicago mayoral ballot. Recent polling (WGN/Chicago Tribune; Jan. 16-19; 708 self-described likely voters) gave President Obama’s top staff member a comfortable 44-21% lead over ex-US Sen. Carol Moseley Braun, so the court action is causing major reverberations for all associated campaigns. The joint media survey placed Board of Education President Gery Chico third at 16% while City Clerk Miguel de Valle lags behind in single-digits (7%).

Earlier, US Rep. Danny Davis (D-IL-7) and state Sen. James Meeks dropped out of the race in an effort to coalesce the African-American community solely behind Moseley Braun, with the hope of forcing a two-person run-off between Emanuel and her. If no candidate receives 50% plus one vote in the February 22nd election, a run-off contest between the top two finishers is scheduled for April.

The court reasoned that Emanuel, despite winning unanimously in a related administrative ruling before the state Board of Elections, does not meet Chicago’s electoral residency requirement. The judicial panel maintained that he did not reside in the city during the past year. The former chief of staff will appeal to the Illinois Supreme Court, which must rule quickly. Early voting already begins January 31st.

The Supreme Court, an elected body that features four Democrats and three Republicans, has the power to reinstate Emanuel and is expected to do so. But, how much will this distraction take away from his potential to win the race outright in February? The answer will soon be forthcoming.