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By Brad Friedman on 6/1/2011 6:31pm PT  

On my KPFK/Pacifica Radio show today (heard on Wednesdays at 3:30pm PT in Los Angeles, Santa Barbara, San Diego & around the world on KPFK.org) I spoke live with WI Asst. Attorney General JoAnne Kloppenburg. It was her first interview since conceding the highly-contentious and incredibly close WI Supreme Court election and "recount" yesterday to incumbent Justice David Prosser.

Given the state media's shamefully bad coverage of the disastrous "recount", the interview may well be the only one, as short as it was, in which she was able to address accountability for the "cascade of widespread irregularities", as she described them during her concession speech, which plagued the state's certified results.

"How do you know," I asked her at one point during our conversation, "that, given the wild, widespread irregularities --- these wide open ballot bags, tamper-evident seals that were broken, serial numbers that were missing, scratched out, changed --- how do you know that those ballots that were counted during the recount process were actually the ballots that were cast by the voters on Election Day?"

Her disturbing but unavoidable answer: "At this point, we don't know. All we have to go on is the hand count, and the extent to which they're consistent with the tapes in the [voting] machines."

You can listen to my follow up, and much more of what she had to say about the election, the "recount", her still-pending request for an independent investigation of controversial Waukesha County Clerk Kathy Nickolaus, and the failure of the state's top election authority, the Government Accountability Board (G.A.B.), to assure that statutory security processes, meant to deter both malfeasance and malfunction, were actually followed...

Download MP3, or listen online below [appx 28 mins]...

* * *

For much more specific information on what we discussed during the interview, including photographs of "wide open" ballot bags, missing seals and serial numbers, other blatant chain of custody violations discovered during the course of the "recount" across the state, and particularly in Waukesha County, please see some of The BRAD BLOG's extensively detailed most-recently related coverage as linked below...

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Calls on state officials for changes to electoral system to 'improve compliance with basic election procedures'...
By Brad Friedman on 5/31/2011 7:06pm PT  

[6/1/11 Ed Note: Kloppenburg was my guest today on my KPFK/Pacifica radio show here in Los Angeles. It was her first interview since conceding yesterday. The audio archive is now here. - BF]

Citing a "cascade of irregularities," thousands of tabulation errors discovered during the statewide "recount," and tens of thousands of ballots found to be unverifiable or otherwise having been in violation of the secure chain of custody, Wisconsin's independent Asst. AG JoAnne Kloppenburg conceded the Wisconsin Supreme Court Election for a 10-year term on the bench to Republican incumbent Justice David Prosser this afternoon at a press conference held in Madison.

"Votes were found to be miscounted in every county in the State," Kloppenburg said in her prepared remarks. [Her complete remarks are posted at the end of this article.].

"Over 150 ballot bags containing tens of thousands of votes were found open, unsealed or torn. Waukesha County had twice as many torn, open or unsealed bags as every other county in the state combined. In many cases, municipal clerks in Waukesha testified the bags weren’t torn when they left cities, towns and villages so the security breaches occurred sometime when the bags were in Waukesha County’s custody."

She continued: "Most every county and most every reporting unit statewide had discrepancies in reconciling poll books in which the number of voters and the number of absentee voters is recorded. In several counties, including Dane, Milwaukee, Marquette and Jackson, missing or uncounted ballots were found in unexpected places during the recount, such as a clerk’s office or left in machines."

Despite the widespread irregularities --- and despite the fact that state officials at the Government Accountability (G.A.B.), the state's top election authority, failed to review thousands of pages of minutes, including hundreds of exhibits recorded during the "recount" documenting the irregularities, as The BRAD BLOG reported exclusively last night --- Kloppenburg announced she would not file for a judicial review of the certified results.

"This recount should serve as a wake-up call to improve Wisconsin’s election processes," the Asst. AG explained to the gathered media...

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Mountains of irregularities, more than 800 official exhibits, and objections by candidate's attorneys never examined by top state election authority before razor-thin results for 10-year seat on state's high court certified as 'correct'…
By Brad Friedman on 5/30/2011 8:54pm PT  

Last Monday, May 23rd, Wisconsin's Government Accountability Board (G.A.B.), the state's top election agency, officially certified [PDF] the controversial results of the extraordinarily close April 5th statewide Supreme Court election and its subsequent "recount."

However, as The BRAD BLOG has learned, the agency certified those results without reviewing hundreds of official exhibits documenting wholesale ballot irregularities, on-the-record objections from the attorneys of the candidate who filed for the "recount," and thousands of pages of official transcripts and minutes documenting the entire "recount" process from the election's most controversial county.

Even more alarming, the agency doesn't even yet have a copy of the hundreds, if not thousands, of pages which make up the official minutes documenting the nearly month-long "recount" from Waukesha County --- the last of the state's 72 counties to complete its count, and by far the most controversial county following the late discovery there of some 14,000 votes not included in the county's original Election Night results.

Indeed, the G.A.B. admits, they may not even have those minutes for another two weeks, despite the already-issued certification of the election results, and despite the fact that the statutory deadline for a candidate to file a challenge to those certified results in court is tomorrow (Tuesday).

The official minutes from most of the other 71 counties, as documented during the "recount" of the razor-thin, highly contentious election for a 10-year term on the state's high court between incumbent Republican Justice David Prosser and his independent challenger Asst. Attorney General JoAnne Kloppenburg, have been posted on the G.A.B.'s website for some time, with the 71st, Milwaukee County, finally posted late last week.

With Kloppenburg set to announce her decision on whether to seek a judicial review tomorrow, Waukesha's lengthy and detailed minutes are not posted for public review with all of the others, despite massive and alarming irregularities discovered during the "recount" process there over the past month (see here, here, and here for just a few of many examples), because the G.A.B. has not been given them by the county, as state officials conceded during phone conversations late last week...

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By Ernest A. Canning on 5/23/2011 6:43pm PT  

Guest blogged by Ernest A. Canning

"I don’t want everybody to vote," Paul Weyrich, co-founder of the billionaire-funded Heritage Foundation and the Moral Majority, said while addressing a right-wing Christian audience in 1980. "[O]ur leverage in the elections goes up as the voting populace goes down," he added after he denigrated those who seek "good government" through maximum, informed voter participation as people who suffer from the "goo goo syndrome."

Voter suppression has long been a staple of American politics, but the tsunami of new restrictions on the polling place now being rammed through by newly-elected Republican majorities in state after state is unprecedented, certainly since the era of Jim Crow was supposed to have been ended by the Voting Rights Act of 1965.

While most Americans may think of the poll tax and literacy tests as forms of voter suppression associated the Jim Crow South, the confirmation hearings of the late U.S. Supreme Court Chief Justice William Renquist included sworn testimony from former U.S. Attorney James Brosnahan and others reflecting that, as an early 60's GOP activist, Renquist intimidated African-American and Hispanic voters in AZ by challenging their ability to read.

1965's Voting Rights Act outlawed both the poll tax and literacy tests. In more recent times, pursuant to a 1987 federal court consent decree, and a subsequent provision of the National Voting Rights Act of 1993, another GOP suppression tactic, "caging lists," was banned, though as documented by the BBC's Greg Palast, the Bush administration-led Plutocrats didn't let a little matter like illegality get in the way of their use.

21st Century voter suppression operates under cover. Or it had, until the new wave of legislation being passed by GOP legislatures across the country began hitting its stride. Until FL's then-governor Charlie Crist overturned it, for example, the state banned convicted felons from voting even years after they'd been released from prison. In Armed Madhouse, Palast asserts that prior to the 2000 Presidential election, FL's then Sec. of State Katherine Harris, appointed by Gov. Jeb Bush, the brother of candidate George W. Bush, purged 94,000 "felons" from the state's computerized voter rolls, though the only "crime" at least 91,000 were guilty of was "being Black, Democrat or both."

Over much of the past decade, voter suppression efforts have been bolstered by bogus "voter fraud" claims leveled at groups like ACORN, who aided in the registration of those who might be likely to vote against the GOP (minorities and the working class); "non-partisan" GOP astroturf groups like the phony American Center for Voting Rights (ACVR) created after the 2004 election solely to create and spread false propaganda about a Democratic "voter fraud" epidemic; laws meant to increase the legal risk to real non-partisan organizations for assisting in registration; draconian polling place "photo ID" restriction laws, and in a reduction of opportunities for early voting.

With the tide of GOP victories at the ballot box last November, those efforts have now been ramped up and are now front and center in some 30 state legislatures across the country...

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As the count nears its end, more irregularities emerge, including mis-dated poll tapes, unprinted 'paper trails,' duct taped bags and the state's unwavering faith in the machine...
By Brad Friedman on 5/20/2011 6:53am PT  

For weeks, we've been reporting on the mess seen in the statewide "recount" of Wisconsin's very close and very contentious April 5th Supreme Court election between Republican incumbent Justice David Prosser and his challenger, Asst. Attorney General JoAnne Kloppenburg.

As The BRAD BLOG obtained evidence of new irregularities this week --- to add to previously reported revelations of, among other irregularities, ballot bags discovered "wide open" with mismatched or missing serial numbers as well as ballots discovered completely unsecured, all in violation of the secure chain of custody, and other similar messes and mistallies across the state --- we wanted to find out if the state's chief election agency, the Government Accountability Board (G.A.B.), was able to confirm that the ballots counted during the "recount" were actually the ones cast on Election Day. And, if so, how they could confirm that.

To date, with about 25,000 "recounted" votes still to be canvassed from the now infamous Waukesha County, some 2,690 votes have been discovered during the "recount" to have been originally mistallied. That's according to the G.A.B.'s own figures, and includes hundreds of thousands of ballots which were simply re-tallied rather than counted by hand during the "recount," on the same computers which tallied them --- either correctly or incorrectly --- on Election Night.

31 out of the state's 72 counties counted some or most of their ballots by hand for the first time during the "recount" (including several of the largest counties). But, given the fact that supposedly "secured" ballot bags were discovered during the "recount" to have been "wide open" and not secured at all, with little or no explanation from officials, after being accessible for weeks by the same untrustworthy and partisan election officials, such as Waukesha's County's activist GOP County Clerk Kathy Nickolaus, who screwed up the tabulation in the first place, how is it that anybody knows if the ballots finally counted by human beings are actually genuine?

We've been trying, with no small amount of frustration, to get a definitive answer from the G.A.B. on that question for the past week, as well as from the campaigns of both candidates in the race.

The G.A.B. generally agrees with the campaign of the election's current leader, incumbent Justice David Prosser, that broken security seals, opened ballot bags --- even some that are torn open and taped back shut with duct tape, as seen in Waukesha County this week (photos below) --- and other violations of chain of custody are of little concern. So long as the newly tabulated results largely match the results printed on the poll tapes by the computer tabulators at the end of Election Night on April 5th, that is, essentially, close enough for government work.

The G.A.B. and the Prosser campaign, as we confirmed with each directly, and as the G.A.B. indicated on a recent post to their website published in the wake of the specific questions we've been asking them --- are placing their faith largely in the accuracy of the state's oft-failed, easily-manipulated, privately-manufactured electronic voting systems made by companies like Diebold, ES&S, and Sequoia. They are also placing faith in their election official colleagues around the state.

All of which begs the question: What's the point of having a "recount," or of using security procedures and physical seals for the ballots after the election, if violations of those procedures and seals are of little concern to the state's top election agency?

Worse, if the results printed on the poll tapes are the ultimate proof of the accuracy of results, what happens when --- as discovered among poll tapes from the City of Pewaukee in Waukesha County late last week --- the "recount" uncovers "Official Results Report" poll tapes dated a full seven days before the actual election was held?

Or, worse still, what happens when poll tapes failed to print at all on Election Day, as has been seen in a number of towns across the state?...

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Paper ignores wide-spread irregularities, mistallies, massive chain of custody violations discovered in state's Supreme Court race...
By Brad Friedman on 5/16/2011 9:01pm PT  

We have been working, over the past week --- digging into details, speaking with election officials --- on a new article we hope to publish soon on the "recount" of the April 5th Wisconsin Supreme Court election between the Republican incumbent Justice David Prosser and his independent challenger Asst. Attorney General JoAnne Kloppenburg.

If all continues apace, the article will follow up with details on still more disturbing new "irregularities" discovered recently during the continuing count in Waukesha County and elsewhere across the state, following on our earlier reports of wide-spread irregularities such as"wide open" ballots bags in Waukesha and elsewhere, ballots discovered unsecured on the desk of a city clerk, and inaccurate counting in Milwaukee. In all, the unavoidable fact we continue to see is that, thanks to Wisconsin's woeful election procedures, pathetic chain of custody requirements, and horrible secret vote-tabulation computers, nobody can know for certain whether thousands of ballots being counted today are the ones actually cast by voters on Election Day.

Taking all that we've learned into account, one might even conclude: This is no way to run an election. But more on that soon.

In the meantime, in her first official public statement since her April 20 press conference announcing her intention to ask for a "recount" and a special investigation of Waukesha County Clerk Kathy Nickolaus, Kloppenburg speaks out today in an op/ed response to an embarrassingly obnoxious unbylined editorial by the Milwaukee Journal Sentinel's editorial board published last week.

The Journal Sentinel's three paragraph, anti-democratic (small "d") pot-shot last week --- which may as well have been written by the campaign of Justice Prosser, criminally-inclined candidate whom the paper endorsed (even as they failed to disclose that point in their editorial) --- was riddled with evidence-free assertions, and mocked the very idea of a "recount" as a "waste of time," on the grounds that they believe "nothing will change in the election for state Supreme Court."

The paper failed, sadly, to note that more than 2,600 votes have, so far, been discovered as originally mistallied by the state's woeful computerized tabulation systems (and that's with hand counts performed in only 31 of the state's 72 counties) and the inability to confirm, thanks to the blatant violations of chain of custody, that thousands of votes being counted are actually the same as those originally cast.

Kloppenburg's op/ed details some of the "irregularities" being found, but ignored by the Journal Sentinel's editorial board, this way...

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Open ballot bags, mistallied ballots, high undervote rate, observation obscured and other unreported concerns...
By eowyn_of_rohan on 5/11/2011 1:02pm PT  

- Guest blogged by "eowyn_of_rohan"

[Ed Note: The following account from an observer at Milwaukee County's machine "recount" of ballots from Wisconsin's April 5th Supreme Court election between incumbent Republican David Prosser and independent Asst. Attorney General JoAnne Kloppenburg comes on the heels of recently documented reports of complete chain of custody violations such as "wide open" ballots bags in Waukesha County --- where the stunning announcement of the addition of some 14,000 votes two days after the election reversed the originally reported results to give Prosser the unofficial lead over Kloppenburg for the 10-year seat on the state's highest court --- as well as earlier reports of ballots discovered unsecured for weeks in Dane County's city of Verona and unexplained variances in "recount" results as reported during the "recount" by the WI Government Accountability Board (G.A.B.), the state's chief election agency. Thousands of ballots have so far been discovered to have been originally miscounted to date, even with just a minority of counties actually bothering to count ballots by hand during the "recount." - BF]

I worked on the recount in Milwaukee County last Thursday, and it was quite a disturbing and stifling experience. I left there puzzled and frustrated, and have been searching for news on 'anomalies' there, but find next to nothing. News reports have only stated there have been "no major problems," and things are "going smoothly"...

Kloppenburg stated at her recount request press conference:

There are legitimate and widespread questions about the conduct of this election – most visibly in Waukesha County, but also in counties around the state...We are aware of widespread anomalies that occurred...: an undervote in the cities of Milwaukee and Racine; the Waukesha situation; reports of long lines and photocopied ballots in several counties including Fond du Lac; significant changes in the vote totals in Winnebago County.

People have wondered if Waukesha County 'irregularities' were perhaps a red herring, and that maybe we should be looking more closely at what's happening in other counties around the state. I really think so. I've compiled some information on the recount problems in Milwaukee County, many of which I witnessed.

It's important to understand that, in Milwaukee, as in 41 of Wisconsin's 72 counties, ballots are being "recounted" by the same optical-scan machines that tallied them in the first place, unlike the hand-counts that have been the focus of attention elsewhere. It can be very difficult to oversee that type of "recounting." Moreover, while ballots bags have been seen as opened, and their chain of custody violated in the process, in counties such as Waukesha, and stacks of ballots discovered unsecured in Dane County's City of Verona, parts of Milwaukee's count also included bags that were improperly sealed, with the secure chain of custody broken and uncertain.

I also observed a surprising number of undervoted ballots and, as disturbingly, machine tallies at the "recount" which under-reported the results for Kloppenburg as I was able to observe them on ballots before they were fed into the machines.

Some observations detailed below are more significant than others, and this is by no means a comprehensive list, so please feel free to add to it if you have additional info...

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By Brad Friedman on 5/9/2011 5:39pm PT  

It is now officially impossible to know whether thousands of paper ballots being counted in the state of Wisconsin's Supreme Court election "recount" are the same ones actually cast on Election Day. It didn't have to be that way, unlike in Kentucky, where the voters never had a chance, and where high-ranking election officials have now been sentenced to more than 150 years in federal jail following "decades" of manipulated elections.

Thanks to serious chain of custody violations in Wisconsin --- such as ballot bags discovered to have been left "wide open" and unsealed in Waukesha County, and ballots left completely unsecured for weeks in the office of the Verona City Clerk in Dane County --- that now make it quite likely the real winner of the April 5th election for a 10-year term on the bench of that state's highest court will never be known for certain. That, even though thousands of votes have now been verified as having been miscounted during the state's partial hand-count, and even as the hotly-contested seat in question will determine the ideological balance of the court during one of the most contentious moments in Badger State history.

The majority of voters in Wisconsin cast their votes on hand-marked paper ballots. However, due to a failure to count those ballots publicly on Election Night, at the precinct, in front of the public (as per "Democracy's Gold Standard"), citizens are left guessing and forced to place misguided trust in partisan election officials like GOP activist and Waukesha County Clerk Kathy Nickolaus and her unsecure chain of custody and election reporting procedures.

With results that will never be known for certain, the razor-thin contest has now become a fully "faith-based election," in contradiction to the checks and balances necessary for true self-governance.

But where Wisconsin could have had an overseeable and fully verifiable election in which voters might have had confidence, voters in Kentucky, for years, never even had a chance as they were forced to vote on 100% unverifiable touch-screen voting machines.

The good-ish news? That is changing, as much of the Bluegrass State is finally turning to the use of hand-marked paper ballots, though they plan on tallying them similarly to Wisconsin, via oft-failed, easily-manipulated optical-scan systems manufactured by private vendors, rather than counting them transparently in front of the public.

Given Kentucky's recent history, that's a particularly troubling prospect, as underscored by several developments in two different counties in the state of late.

In 2009, a spate of high-ranking election officials in Clay County, KY --- including the County Clerk, a Circuit Court Judge, the School Superintendent, a former Magistrate, and several polling place officials --- were arrested in a massive vote buying/selling and electronic vote-machine rigging conspiracy which netted the criminals millions of dollars over the past decade. The federal charges included the County Clerk and other members of the Board of Elections having intentionally falsified election reports to include inaccurate voting results when submitted to the state.

One Republican election official pleaded guilty after the arrest two years ago, and the other eight were found guilty and convicted last year in federal court. They were sentenced this past March to a total of more than 1,871 months in federal prison.

And last week, in a separate, newly developing case, state officials impounded electronic voting machines in Perry County, KY, after Republican candidates in last November's election complained of "vote rigging" on the county's 100% unverifiable electronic voting machines...

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Chain of custody violations continue to emerge, particularly in Waukesha, during state Supreme Court election 'recount'
ALSO: $25,000 reward offered for evidence of WI election tampering...
By Brad Friedman on 5/5/2011 7:44pm PT  

Five out of six bags of ballots from first batch to be counted out of the City of Brookfield in Waukesha County, WI, today were discovered "almost wide open" during Day 9 of the statewide Supreme Court election "recount." The bags were open and unsealed, according to both photographic evidence and an eye-witnesses account from the counting room. (Many more exclusive photos posted below.)

"When the ballot bags were taken out and placed upon the counting table, we were literally stunned," one of the citizen observers, Mary Magnuson, a Kloppenburg volunteer, told The BRAD BLOG this morning. "5 out of the 6 ballot bags were almost literally wide open, and ballots could be clearly seen."

The ballots in those bags were among the 14,000 said to have been cast in the April 5th election, but left off of Waukesha County's tally as reported to the media on Election Night.

Earlier this week we offered a detailed report on the status of the statewide "recount," highlighting a host of disturbing and outright violations of the chain of custody of ballots, including unnumbered and renumbered ballots bags (many of them from Waukesha County); ballots discovered unsecured and/or left out of the original count all together; and exceedingly sloppy record-keeping and reporting of "recount" results by the state's chief election agency, the Wisconsin Government Accountability Board (G.A.B.). In sum, we described the state of the "recount" of the contested election between Republican incumbent Justice David Prosser and his independent challenger Asst. AG JoAnne Kloppenburg, as "a mess."

Today, after the newest revelations from the Waukesha County counting room, it got a lot messier.

"We are finding significant anomalies, including chain of custody and missing ballots, that we need to shine light on," Kloppenburg campaign manager Melissa Mulliken told The BRAD BLOG earlier this week, while we were working on our previous story. The anomalies she was referring to, given where today's unsecured ballots are said to come from, have gotten much more "significant" in the past few hours...

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By Brad Friedman on 5/5/2011 2:32pm PT  

As things have gotten even worse over the last day or two since our detailed Tuesday night report on the mess in Wisconsin's Supreme Court election "recount" (we hope to have an updated report with the new news there later today), progressive Wisconsin blogger Patrick DePula of "Dispatches from Fitzwalkerstan" reports today that the fight for recall elections of both Republican and Democratic state senators has gotten particularly ugly with Democrats now prepared to file "formal complaints" charging massive "election fraud" (more appropriately "petition fraud"?) by the Republican Party...

As if the Wisconsin Supreme Court Justice “recount” isn’t a big enough mess, It appears that the Wisconsin GOP has been engaged in widespread fraud surrounding their attempts to recall democratic senators. Inexplicably, the Republican Party of Wisconsin had relied heavily on people they hired from out of state to collect signatures against democrats, even paying to house these folks in hotel rooms. In all cases, they paid by the signature. Sounds like a recipe for disaster, right? The decision to pay out of state people when there are plenty of unemployed folks that reside in those senate districts who may actually be invested in the outcome of these recall elections makes no sense at all.

But the story gets even better....

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By Brad Friedman on 5/3/2011 7:50pm PT  

Wisconsin is no Minnesota.

Where Minnesota's post-election hand count of the 2008 U.S. Senate election between then Sen. Norm Coleman and now Sen. Al Franken was, as we wrote at the UK's Guardian at the time, "one of the longest and most transparent election hand-counts in the history of the US," Wisconsin has made it extremely difficult (putting it nicely) to know what the hell is actually going on in their statewide "recount" of the April 5th, 2011, state Supreme Court election between Justice David Prosser and Asst. Attorney General JoAnne Kloppenburg.

Where Minnesota's chief election official, Sec. of State Mark Ritchie, oversaw a process to ensure that updated and accurate numbers were easily tracked and transparently shared with the media on a daily basis, Wisconsin's chief election authority, their Government Accountability Board (G.A.B.), has posted (and even sometimes removed) confusing, misleading, and unclear updates, often with inaccurate information, on various schedules, and frequently with little or no explanation for wholesale changes and deletion of data.

Where Minnesota counted every vote by hand with full public scrutiny, including photographs and video cameras, Wisconsin is tabulating ballots, often by the same oft-failed, easily-manipulated computer systems that counted them in the first place, behind barriers that preclude broad public oversight, under an agreement between both campaigns which disallows the use of video cameras by observers.

The count, which began last Wednesday, often feels as if it's happening in virtual darkness, at least to those of us trying to observe from afar, but the same sentiment has been shared with us by many we've spoken to who are there on the ground. There is an alarming lack of transparency to help the citizenry oversee the process in order to ensure accountability and an accurate count. To make matters worse, if that's possible, chain of custody issues for the ballots appear questionable in a number of reported cases, after ballots have been kept in the same darkness by election officials --- sometimes securely, sometimes not --- for the three weeks following the election and prior to the "recount."

One person we've spoken to who has also been trying desperately, as we have, to closely follow along with the progress, described the situation over the weekend by saying: "Let's call it 'fascinatingly unacceptable.' There are other 'f' words I could use, but we'll leave it at that."

Another Election Integrity veteran was forced to reach for a "bright side" by saying: "It may be worse than Minnesota, but, hey, at least it's no Florida!"

We've not written here about WI's Supreme Court "recount" since it began last Wednesday, largely because we've had such a difficult time making heads or tails of the progress, the accuracy, the integrity of the ballots or the counting, or even of the various reports of bizarre anomalies which continue to occur, often with little explanation for their resolution...

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ALSO: Judge denies Charlie White's motion to halt state probe of his eligibility to serve, as GOP war on legal voting continues...
By Brad Friedman on 4/29/2011 6:01pm PT  

Indiana's Republican Governor Mitch Daniels will not be able to appoint a replacement for the recently elected Secretary of State Charlie White, who is currently under indictment for seven felony counts, three of them --- ironically enough for the state's chief election official --- for voter fraud.

On Wednesday, we updated the sad story of White, who is facing both a criminal complaint after being indicted by a grand jury as well as a civil complaint brought by state Democrats. The basis for both cases is tied to evidence that White used his ex-wife's residence for his voter registration and then knowingly voted at the wrong precinct (including for himself in last November's election), all while illegally serving on the Fishers Town Council despite not living in the town of Fishers.

We initially covered the White story last month after the new Secretary of State was indicted, detailing the ever-growing list of top Republicans --- which now includes both GOP superstar Ann Coulter and Utah's former governor and possible 2012 GOP Presidential hopeful Jon Huntsman among others --- who are alleged to have committed felony voter fraud and voter registration fraud. The charges against White play out against the irony of the GOP's oft-echoed but ever-unsubstantiated charges of a "Democratic voter fraud" epidemic, claimed as a propaganda tool to support new voter suppression laws at the polling place. Indiana's own polling place Photo ID restrictions, instituted in 2008, are regarded as the most draconian and disenfranchising in the nation --- although they didn't serve to keep White from illegally voting.

In our story earlier this week, we explained that White --- who has refused to resign amidst the scandal --- and the state Republican Party have been doing their best to slow-walk both the criminal and civil cases, in hopes of running out the clock until the state legislature could pass a law allowing Gov. Daniels to appoint a new Sec. of State to replace White. Existing law, the Democrats argue, requires that the top vote-getter legally on the ballot in last November's election be named to the post. In this case, that would be the Democratic nominee Vop Osili.

But it now appears that Republican state legislators have all but given up hope for such a law to be passed in time to save the day, and the judge assigned to the civil case has once again this week denied a request by White to stall the case further...

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By Brad Friedman on 4/26/2011 7:26pm PT  

Wednesday morning at 9:00am Central Daylight Time, County Clerks in 72 counties across the state of Wisconsin will convene to oversee just the third statewide election "recount" in Badger State history. Kathy Nickolaus, the embattled Waukesha County Clerk, GOP activist, and former colleague of Justice David Prosser during their tenure in the Assembly Republican Caucus fraught with criminal felony charges and corruption, will not be one of them.

The two previous statewide recounts in Wisconsin were carried out in 1989 and, before that, in 1865.

By agreement of both campaigns, just 31 of the 72 counties will see some of their paper ballots counted by hand in the state-sponsored contest of the April 5th Supreme Court election between the incumbent Republican Prosser and his independent challenger JoAnne Kloppenburg. All other ballots are scheduled to be counted once again by the same oft-failed, easily-manipulated machines made by companies like Diebold, ES&S, and Sequoia, which tallied them originally. Each machine-tallied ballot may be examined --- though they may not be touched --- by representatives of each campaign, prior to being run through the machine again.

Waukesha County --- where some 14,000 votes were said to have been discovered by Nickolaus as unreported Election Night --- resulting in a subsequent reversal of fortunes for Prosser, and a 7,316 vote lead in the unofficial, unverified vote count --- will see all of its paper ballots counted by hand.

Unlike her counterparts in the rest of the state, Nickolaus, who is still under investigation for her actions in this election and several prior, will not oversee that count...

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Dems accuse Repubs of 'running out clock' for new state law allowing GOP Governor to appoint replacement SoS...
By Brad Friedman on 4/26/2011 5:27pm PT  

Last month we reported on the seven felony counts charged against Indiana's newly elected GOP Secretary of State, Charlie White. Three of the charges are related to voter fraud by White, the chief election official in the state with the most draconian polling place Photo ID restrictions in the nation. (Indiana's law, approved by the Rightwing U.S. Supreme Court in 2008, has already resulted in unknown numbers of disenfranchised voters, including 90 year-old nuns, elderly veterans, and untold numbers of otherwise-legal student and minority voters --- the real target of such GOP voter suppression schemes disguised as "ballot integrity" laws.)

White represents just the latest in a series of high-profile Republican voter fraud cases --- including recent allegations against Utah's former governor, Jon Huntsman, a potential 2012 Presidential hopeful, and, of course, GOP voter fraud queen Ann Coulter --- most of whom have found some way to get off the hook entirely.

White was charged by a grand jury of, among other felonies, having been registered to vote at an address where he did not live in the town of Fishers, where he previously served (apparently illegally) on the town council, and then knowingly voting in the wrong place last November as he ran to be Sec. of State. White may, or may not, be as lucky as fellow GOP voter fraud scofflaws like Huntsman and Coulter, even as his friends on the State Republican Committee seem to be doing all they can to help him run out the clock in various ways, as revealed this week during new legal volleys in both the criminal and civil complaints against White...

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The hornets' nest of corruption binding the embattled WI Supreme Court Justice with Scott Jensen, Kathy Nickolaus and the criminal misuse of state employees for partisan gain...
By Ernest A. Canning on 4/25/2011 11:58am PT  

Guest blogged by Ernest A. Canning with Brad Friedman

"This was a decisive election about judicial independence," WI Supreme Court Justice David Prosser said at a press conference in Madison last Monday, declaring victory and explaining his opposition to a recount of the April 5th Wisconsin Supreme Court election.

"The people realized that judges should be much more than partisan politicians who wear black robes. Judges should be impartial in theory and in fact. They should faithfully apply the law without fear, and without favor," he told the assembled media.

However, as an investigation by The BRAD BLOG reveals, there is a stunning gap between the lofty ideals of "independence" espoused by the incumbent Justice as quoted above, and the sordid reality of his own personal record as a hard-Right partisan official in Wisconsin, with the state's GOP caucus, and even during his role as a justice on the state's highest court.

It is a reality, well-documented through court records and other sources, finding Prosser and his former Republican colleagues in the WI Assembly enmeshed in a criminal scheme to utilize state employees and resources at taxpayer expense in order to finance and organize WI GOP political campaigns. A reality which includes an astounding legal filing by this same sitting Supreme Court Justice in which he not only acted as an advocate for the accused, but even confessed to his own participation in the alleged crime.

In short, it's a reality which led The BRAD BLOG to wonder whether Prosser was truly better characterized as an 'independent' jurist, as per his self-description, or a partisan criminal in a robe...

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