• WisPolitics


Saturday, December 3, 2016

 1:40 PM 

Courtney re-elected state GOP chair

Brad Courtney was unanimously re-elected chair of the state GOP on Saturday, a party spokesman said.

The party's executive committee unanimously approved another two-year term for Courtney, who has overseen the party since 2011. He took after Reince Priebus left the post to head the RNC. 

Courtney, who was unopposed, also held the job from 2006-07. 

-- By JR Ross


Friday, December 2, 2016

 6:15 PM 

Shilling wins by 61 votes in 32nd SD after recount

Senate Minority Leader Shilling edged Republican Dan Kapanke by 61 votes in the 32nd SD, according to final numbers from the state Elections Commission.

The figures show Shilling, D-La Crosse, increased her lead by a net of five votes during the recount, as she had finished the county canvasses with a 56-vote lead. Kapanke conceded to Shilling in a statement this afternoon.

Shilling won La Crosse County with a 2,977-vote advantage but lost in the three smaller counties in the district. Kapanke won Crawford County by 649 votes, Vernon County by 813 votes and Monroe County by 1,454 votes.

-- By Polo Rocha


 4:09 PM 

Federal judge rejects request to immediately halt recount

A federal judge today rejected a request from two pro-Donald Trump groups looking to immediately stop the recount of the nearly 3 million votes Wisconsinites cast in the presidential race.

But U.S. Judge James Peterson didn’t turn away the entire case and will hold a hearing Dec. 9 to hear arguments.

The plaintiffs, which include the Great America PAC and Stop Hillary PAC, argued in their lawsuit the state's recount process violates the Equal Protection Clause because ballots will be treated differently across the state.

In an order this afternoon, Peterson decided to take the plaintiffs’ submissions as a request for a preliminary injunction, which he intends to rule on at the Dec. 9 hearing. The state Elections Commission, which is listed as a defendant in the case, has a brief due on Wednesday.

And he wrote Green Party candidate Jill Stein, who requested the recount, would have to file a motion by Wednesday if she wants to intervene in the case, which her campaign said she intends to do.

But Peterson denied the plaintiffs’ request for a temporary restraining order blocking the recount, saying they made “no showing that they will be irreparably harmed” if the recount continues while he considers the broader arguments against it.

Blocking the recount, he wrote, would also “very likely prevent defendants from completing the recount by the deadline.”

The case was originally supposed to go to Judge Barbara Crabb, though she recused herself.

-- By Polo Rocha


 12:43 PM 

State Dem Party hires AFSCME political director to take over as executive director

The state Dem Party today formally announced the hiring of Jason Sidener, political director for AFSCME, to become its next executive director starting Jan. 1.

Sidener will replace Kory Kozloski, who is leaving the job to pursue other opportunities outside Wisconsin.

Sidener has spent the last 13 years with AFSCME, including his current role as director political action and member mobilization. He also worked for then-U.S. Rep. Tammy Baldwin's 2002 congressional campaign.

The party's administrative committee voted today to approve Sidener's hire.

-- By JR Ross


 12:24 PM 

Shilling says recount upholds win over Kapanke

Senate Minority Leader Jennifer Shilling, D-La Crosse, says a recount has upheld her victory over Republican Dan Kapanke in the 32nd SD.

Shilling said she hoped to "put this election behind us and continue moving forward on the issues that working families are concerned about. It’s time to get to work strengthening our schools, investing in infrastructure and expanding economic opportunities in our state."

Kapanke, who lost a 2011 recall election to Shilling, congratulated his Dem opponent, saying she will "represent all of the voters in the 32nd" when she returns to Madison.

"I requested this recount to ensure that each and every vote that was cast was recorded correctly and fairly. This recount has ensured that," Kapanke said.

Shilling lost two votes in Crawford County, increasing Kapanke's lead there to 649 votes.

In Vernon County, Shilling had a net gain of 7 votes after picking up 24 votes while Kapanke gained 17. Kapanke finished with a 813-vote lead in the county, according to County Clerk Ron Hoff.

In the parts of Monroe County that include the 32nd SD, Kapanke finished with a 1,454-vote lead. He lost six votes during the recount, while Shilling lost one, according to County Clerk Shelley Bohl.

The La Crosse County clerk did not immediately respond to a request for an update on the final numbers. 

-- By JR Ross

Editor's note: This post has been updated with Kapanke's statement and numbers from the counties. 


 10:04 AM 

Trump supporters file lawsuit looking to stop Wisconsin recount

A group of Donald Trump supporters has filed a federal lawsuit looking to stop the Wisconsin recount of presidential votes that kicked off yesterday.

But Green Party candidate Jill Stein's campaign, which requested the recount, says it's planning to intervene in the lawsuit to keep the recount going.

The plaintiffs, which include the Great America PAC and Stop Hillary PAC, argue the state's recount process violates the Equal Protection Clause because ballots will be treated differently across the state.

“The absence of sufficient standards to ensure that identically marked ballots are afforded equal treatment, both within a county and across counties, means that the recount cannot proceed in a manner that satisfies the Equal Protection Clause,” the lawsuit argues.

The recount began yesterday at Stein's request, and the lawsuit says it's one of the "baseless recounts sought by a candidate who did not win a single presidential elector."

But Stein lawyer Matthew D. Brinckerhoff says the campaign "plans to intervene and join the Wisconsin Elections Commission in defending the recount."

"Citizens in Wisconsin and across the country have made it clear that they want a recount and deserve to see this process through to ensure integrity in the vote," he said.

The state Elections Commission, which is listed as the defendant, tweeted shortly after the news that the "recount will continue unless a judge orders otherwise. Keep counting!"

And Johnny Koremenos, a spokesman for the state Department of Justice, said the agency was reviewing the lawsuit.

The lawsuit argues state law “provides no guidance for elections officials” looking to determine the “intent of the voter” in a ballot. It cites the U.S. Supreme Court ruling in Bush v. Gore that such “arbitrary and disparate treatment” of ballots violated the Equal Protection Clause of the 14th Amendment.

There isn’t enough time, the lawsuit adds, for state officials to make new rules prior to the safe harbor deadline of Dec. 13.

The lawsuit also argues the recount violates the Due Process clause of the Fourteenth Amendment because rushing to meet that deadline means “an unreasonable risk of error will be introduced into the process.”

-- By Polo Rocha

This post has been updated with additional details. 


Thursday, December 1, 2016

 5:08 PM 

Recount Day 1: Menominee County wraps up recount work

Menominee County wrapped up its work on the recount of the presidential results today, adding votes to the totals for Libertarian Gary Johnson and Green candidate Jill Stein.

According to an update from the Elections Commission, Menominee County said Johnson added 12 votes and Stein 17 that weren't included in the initial tally due to human error. For both, the original count showed them receiving zero votes.

Meanwhile, Donald Trump lost two votes, while Hillary Clinton dropped one.

See the update.
-- By Staff


 8:22 AM 

As recount begins, 49 counties plan hand tally

County boards of canvassers across the state will meet this morning as they embark on a recount of the nearly 3 million votes cast in Wisconsin's presidential race.

The Elections Commission says some counties have decided to change the method they will use to conduct the recount. Now, 49 plan to do it by hand, 13 will use optical scanners and 10 plan to use a combination of the two.

During a meeting Wednesday, Elections Commission staff told clerks:

*they will be required to do daily reports on vote tallies, which will be posted at the commission website to show any changes.

*clerks will have to detail changes of more than 10 votes.

*anyone can attend the recount, but only primary representatives of the candidates can view ballots and make changes.

The clerks also were encouraged to closely track their costs. The Elections Commission has said the recount is expected to cost $3.9 million. But Stein's campaign will be on the hook for anything that goes beyond that estimate.


Tuesday, November 29, 2016

 8:43 PM 

Judge rejects Stein campaign request to require hand recount of presidential results

A Dane County judge tonight rejected Jill Stein’s request to require a hand recount of the nearly 3 million votes cast in Wisconsin’s presidential race.

Judge Valerie Bailey-Rihn noted recounting by hand is the “gold standard” and would lead to the most accurate count. But she said the Stein campaign had not provided “clear and convincing evidence that there is some kind of defect” in the state’s voting machines that would throw off the election results. 

The decision means the counties will be able to select which method they want to use for the recount, which is expected to begin Thursday.

Nineteen county clerks have proposed using voting machines to recount some or all of their votes, though the decision is up to the county board of canvassers, Elections Commission Administrator Mike Haas said. 

Bailey-Rihn said she “may disagree” with those counties, but it’s “their decision.” 

“I understand that it is extremely important to the people of the state of Wisconsin, I understand it is extremely important to the nation, but I must follow the law,” Bailey-Rihn said.

State statutes require candidates who want to force a hand recount to show “clear and convincing evidence” a problem with the automatic count that would lead to an incorrect recount result. The statutes also require a candidate to show a “substantial probability” that a hand recount would change the outcome of the election and produce a more accurate result.

Even if the second part was met, Bailey-Rihn said, the first wasn’t.

Stein’s lawyers invited three experts to testify that election systems are generally vulnerable to cyberattacks and that a hand recount is the best way to ensure the results are accurate, with one calling a hand recount “the gold standard.”

Matthew Brinckerhoff, a lawyer for the Stein campaign, told reporters the candidate is considering all of her options, including an appeal of Tuesday night’s ruling. But he said all of the state’s county board of canvassers should opt for a hand recount.

“There’s nothing for anyone to be afraid of here,” he said. “We’re just talking about counting the votes and making sure that we know who voted for whom and that they were correctly tabulated.”

Bailey-Rihn said if the experts are correct in that the machines could’ve been tampered with, there’s “nothing to link it to Wisconsin,” as the statutes require.

The state DOJ got those experts to acknowledge that they had no specific knowledge of irregularities in Wisconsin. Haas, DOJ’s only witness, also said he wasn't aware of any irregularities in the vote count or that there was any malware on the state voting machines.

That, said DOJ attorney Mike Murphy, is not “clear and convincing evidence.”

“All that we have here is 100 percent hypothetical speculation about what could possibly imaginably happen,” DOJ attorney Mike Murphy said. “That is far, far short of any standard.”

A lawyer for the Clinton campaign, meanwhile, said since there’ll be a recount, it should be done as “accurately and transparently as possible.” 

The lawyer, Josh Kaul, said there’s no question a hand count is the most accurate. He pointed out it’s the method the state uses when doing an audit of election results, which is aimed at ensuring voting machines work properly rather than verifying the outcome of an election. 

Kaul also said a hand recount won’t amount to much more work on behalf of local officials, noting Dane County is choosing to do so despite being the second most populous county in the state. 

“There’s going to be a lot of work that goes into it, but there’s going to be a lot of work that goes into it either way,” Kaul said. 

-- By Polo Rocha


 1:38 PM 

Elections Commission revises Stein recount cost estimate to nearly $3.9 million

Though the estimate is now higher, Jill Stein’s campaign still has to pay nearly $3.5 million by 4:30 p.m. in order for a recount to take place.

The Elections Commission had originally estimated the costs of a recount in the state’s 72 counties would be $3.5 million. But that figure is actually $3.9 million, Elections Commission spokesman Reid Magney said.

The figures come from the cost estimates that counties provided to the Elections Commission, which prepared a spreadsheet yesterday detailing the county-by-county costs. But the earlier tally in the spreadsheet was incomplete because it didn’t include the handful of counties whose costs were formatted as text, not numbers.

Adding those counties’ costs leads to a revised estimate of $3,898,340.

Stein’s campaign is now on the hook for the full cost of the recount after independent candidate Rocky De La Fuente dropped his recount request.

But Magney said the Stein campaign will have to pay the earlier figure of nearly $3.5 million by 4:30 p.m., not the updated estimate.

Magney noted that if the costs of the recount turn out to be higher, Stein’s campaign would have to pay for the difference, but it would get a refund if the costs are lower than predicted.

Magney also said the figures don’t include the costs the state will incur if the recount takes place.

“We don’t know the state costs yet,” Magney said. “We’ll add them in at the end if we can.”

-- By Polo Rocha


 1:05 PM 

De La Fuente dropping recount request in Wisconsin

Independent Rocky De La Fuente announced today he is dropping a petition seeking a recount of Wisconsin's results, leaving Green Party candidate Jill Stein on the hook for the full $3.5 million cost of the review.

Had De La Fuente continued with the petition, he would have had to cover half of the fee, which he said was "cost prohibitive."

“I do not want to favor one candidate over another," he said in a statement. "My only interest is to create a nationwide awareness of the vulnerability of our election system and to do everything possible to assure that your vote counts for the candidate for whom it is cast.”

Wisconsin election officials announced Monday Stein, De La Fuente or both would have to cover the $3.5 million cost of the recount for the process to move forward. But they also expressed doubts both candidates would come forward with the money. Green has been fundraising for her pledge to seek recounts in three states, while De La Fuente had not said how he would pay for his share.

Stein faces a 4:30 p.m. deadline to submit the payment.

-- By JR Ross


 9:21 AM 

Judge to hold hearing today on Stein recount lawsuit

A Dane County judge today will hold a hearing on Green Party candidate Jill Stein's lawsuit looking to ensure all 72 Wisconsin counties do a hand recount of their ballots.

Judge Valerie Bailey-Rihn will hold a hearing at 4:30 p.m. today at the Dane County Courthouse.

Stein's lawsuit comes after the state Elections Commission rejected Stein's request to do a hand recount, instead leaving the option for counties to either do that or do the recount by using their voting machines.

 -- By Polo Rocha


 8:19 AM 

Stein calls $3.5 million recount estimate 'exorbitant'

Green Party candidate Jill Stein would have to spend nearly half of what she’s raised for recounts in three states just to cover the costs of the Wisconsin tally.

The Elections Commission late yesterday announced a statewide recount is expected to cost nearly $3.5 million, based on estimates from the 72 counties.

Stein called the cost “exorbitant.”

“While this excessive fee places an undue burden on our efforts, we are committed to paying this cost in order to assure that the voting in Wisconsin was accurate,” said Stein, who also announced she will now seek to raise an additional $2.4 million.

Both Stein and independent Rocky De La Fuente petitioned the state for a recount and face a deadline of 4:30 p.m. today to come up with the money. The Elections Commission yesterday directed agency staff to assess the full fee to both candidates unless they each submit payment for one-half of the cost.

Stein’s campaign had previously estimated the fee would be $1.1 million, not counting attorney fees. It had raised almost $6.4 million by last night for recounts in Wisconsin, Michigan and Pennsylvania.

De La Fuente’s campaign, meanwhile, did not return a call yesterday asking how he would cover his share of the cost.

For the recount to go forward, one or both of the candidates would have to pay the nearly $3.5 million fee.

See Stein’s fundraising page for the recounts:

https://jillstein.nationbuilder.com/recount


Monday, November 28, 2016

 4:59 PM 

Elections Commission says recount will cost $3.5 million

The state Elections Commission said today a recount of the presidential election will cost nearly $3.5 million.

The commission has sent that cost estimate to the campaigns of Green Party candidate Jill Stein and independent Rocky De La Fuente, both of whom are seeking a recount. Stein, De La Fuente or both would have to submit payment to cover the costs of the recount by 4:30 p.m. tomorrow for the process to move forward.

The Elections Commission reached the $3,499,689 figure after getting cost estimates from the state's 72 counties. The counties, Elections Commission Administrator Mike Haas noted, will have to hire thousands of workers to temporarily help with the recount.

During the commission's meeting today, Haas said the agency staff believes both Stein and De La Fuente have an equal obligation to cover the costs of the recount, though there are doubts both will make the required payment. Stein has been fundraising for the expected recount costs, while De La Fuente’s campaign did not return a call today on whether it’s prepared to make the required  payment.

If both submit the full payment, Haas said, they would receive a refund of one-half the fee.  

If the estimate of the recount costs is lower than actual costs, the campaigns would be on the hook for the additional cost.

If it came in below the estimate, the campaigns would receive a refund.

See the Elections Commission release on the timeline of the recount

See the Elections Commission release on the recount costs

See a spreadsheet detailing cost estimates by county


 4:51 PM 

Stein files lawsuit to force hand recount

Presidential candidate Jill Stein this afternoon filed a lawsuit seeking to force all 72 Wisconsin counties to conduct a hand recount, a Green Party spokesman confirmed.

The Elections Commission today rejected Stein's request to do the recount by hand.

"We expected this," said Green Party spokesman George Martin, citing past experience with Wisconsin recounts.

Under state law, local election officials have the option of conducting a recount by hand or using voting machines. The Elections Commission voted unanimously today to do just that.

Elections Commission Administrator Mike Haas today cast doubt on the likelihood of Stein's lawsuit succeeding.

He noted state law requires three things to justify an order for a hand recount:  reason to believe the voting equipment tally was inaccurate; the hand recount would be more accurate; and the result likely would change if a hand count was used.

"That seems to be a high burden of proof for any candidate," Haas said.

-- By JR Ross


 1:17 PM 

Green Party spokesman: Stein will sue seeking hand recount

A spokesman for the state Green Party says presidential candidate Jill Stein will file a lawsuit today seeking to force all 72 Wisconsin counties to conduct by hand recount in the presidential race.

The Elections Commission today rejected Stein's request to do the recount by hand. 

"We expected this," said Green Party spokesman George Martin, citing past experience with Wisconsin recounts.

Under state law, local election officials have the option of conducting a recount by hand or using voting machines. The Elections Commission voted unanimously today to do just that.

Elections Commission Administrator Mike Haas today cast doubt on the likelihood of Stein's lawsuit succeeding.

He noted state statute requires three things to justify an order for a hand recount: there is a reason to believe the voting equipment tally was inaccurate, the hand recount would be more accurate and that the result likely would change if a hand count was used.

"That seems to be a high burden of proof for any candidate," Haas said.

-- By JR Ross


 10:21 AM 

Elections Commission rejects Stein request for hand recount of 3 million votes cast in Wisconsin presidential race

The state Elections Commission today rejected Green Party candidate Jill Stein's request for a hand recount of the 3 million votes cast in Wisconsin's presidential race.

That means she'd have to seek a court order to have all 72 counties count ballots by hand. Instead, the commission approved allowing the counties to decide which method worked best for them.

The commission also set a 4:30 p.m. Tuesday deadline for Stein, independent Rocky De La Fuente or both to pay the fee covering the expected costs. That estimate will be delivered to the campaigns by the end of today.

Under the timeline approved today, the recount would begin Thursday. Counties would have to wrap up their work by 8 p.m. Dec. 12 after the commission moved up a proposed deadline. That was done to give the commission staff more time to deal with any issues that arise during the recount.

Much of this morning's meeting consisted of walking through the recount process, the first time it's been used for the results of a presidential race in Wisconsin.

Elections Commission Chair Mark Thomsen predicted the count would reassure voters Wisconsin has a fair system and the state isn't "counting dead people's votes." He stressed the system is "very, very decentralized" with 1,854 municipalities in 72 counties conducting the vote with teams of volunteers.

His comments came one day after Donald Trump, who won Wisconsin's 10 electoral votes by just more than 22,000 votes, took to Twitter to say he lost the national popular vote because millions of illegal votes were cast. The claim was offered with no supporting evidence and quickly debunked.

“To say that we didn’t count them correctly the first time, that somehow there were illegal votes being counted is really inappropriate," Thomsen said.

Under the approved timeline:

*Clerks would have to provide by noon today cost estimates and their method for recounting the vote. The cost estimate would be provided to the Stein and De La Fuente campaigns by the close of business today. 

*On Tuesday, Stein and/or De La Fuente would submit payment to the Elections Commission, which would then order the recount.

*On Wednesday, Elections Commission staff would meet with county clerks and canvass members via teleconference to go over the recount rules and processes.

*On Thursday, the recount would begin with a Dec. 12 deadline to wrap up. Elections Commission staff would then prepare the official recount canvass certifications by 3 p.m. Dec. 13.

-- By JR Ross


 9:04 AM 

Staff recommends Elections Commission reject Stein call for hand recount of presidential results

Agency staff is recommending the Elections Commission reject Green Party candidate Jill Stein's request for a hand recount of the nearly 3 million votes cast in Wisconsin's presidential race.

In a memo prepared for this morning's meeting on the recount timeline, agency staff noted state law gives counties the option to determine whether they wish to conduct the recount by hand. In some cases, that method is less expensive and time consuming, according to the memo.

The staff recommends the commission permit each county to determine how the ballots are counted.

If approved, Stein's campaign would have to seek a court order to force a hand count in every county.

-- By JR Ross


 8:28 AM 

Election officials propose Thursday start for presidential election recount

State election officials are warning it will be a “significant challenge” to finish by a federally mandated Dec. 13 deadline a recount of the nearly 3 million votes cast in Wisconsin’s presidential election.

The Elections Commission will meet this morning on a recommended timeline for the recount, which would start Thursday.

Under the proposed timeline:

*Clerks would have to provide by noon today cost estimates and their method for recounting the vote. The cost estimate would be provided to the Jill Stein and Rocky De La Fuente campaigns by the close of business today.

*On Tuesday, Stein and/or De La Fuente would submit payment to the Elections Commission, which would then order the recount.

*On Wednesday, Elections Commission staff would meet with county clerks and canvass members via teleconference to go over the recount rules and processes.

*On Thursday, the recount would begin with a noon Dec. 13 deadline to wrap up. Elections Commission staff would then prepare the official recount canvass certifications by 3 p.m. that day.

After Stein and De La Fuente filed the recount petitions, the Elections Commission warned local officials may need to work nights and weekends to meet the deadline.

See materials for today’s meeting:


Saturday, November 26, 2016

 12:28 PM 

Clinton's campaign will participate in Wisconsin recount

A lawyer for Hillary Clinton said her campaign will participate in an expected Wisconsin recount, though it did not find any "actionable evidence of hacking or outside attempts to alter the voting technology" during its post-election efforts.

Marc Elias wrote in a post on Medium the campaign had "quietly taken a number of steps in the last two weeks to rule in or out any possibility of outside interference in the vote tally in these critical battleground states." 

Though it did not find anything, now that Green Party candidate Jill Stein and independent Rocky De La Fuente have initiated a recount, "we intend to participate in order to ensure the process proceeds in a manner that is fair to all sides."

Donald Trump topped Hillary Clinton in Wisconsin by 22,177 votes of our nearly 3 million cast, according to official results.

Stein's campaign has indicated plans to seek recounts in Michigan and Pennsvylvania as well, and Elias wrote the campaign plans to participate in those as well.

"We do so fully aware that the number of votes separating Donald Trump and Hillary Clinton in the closest of these states  --  Michigan  --  well exceeds the largest margin ever overcome in a recount," he wrote. "But regardless of the potential to change the outcome in any of the states, we feel it is important, on principle, to ensure our campaign is legally represented in any court proceedings and represented on the ground in order to monitor the recount process itself."

Trump said in a statement the recount was a way for Stein to "fill her coffers with money, most of which she will never even spend on this ridiculous recount."

"This is a scam by the Green Party for an election that has already been conceded, and the results of this election should be respected instead of being challenged and abused, which is exactly what Jill Stein is doing," Trump said.

-- By JR Ross


Friday, November 25, 2016

 5:29 PM 

Stein, De La Fuente file recount petitions

Third-party candidates Jill Stein and Rock De La Fuente, neither of whom was a significant factor in the outcome of the presidential race in Wisconsin, today filed requests for a recount of the results.

Wisconsin Elections Commission Administrator Mike Haas anticipated the recount would begin late next week after the Stein campaign pays the recount fee.

Haas said the commission is still trying to determine how much the recount will cost and how that will be assessed to the campaigns. The fee would have to be paid before the count would begin.

The commission noted the last statewide recount costs counties more than $520,000, according to a tally by The Associated Press. In that 2011state Supreme Court election, about 1.5 million votes were cast. Nearly 3 million were cast in the November presidential election, and the commission expects the costs to be significantly higher, Haas said.

He also noted the recount would need to be done by a Dec. 13 federal deadline. That means county boards of canvass may need to work evenings and weekends to meet the deadline. 

“The recount process is very detail-oriented, and this deadline will certainly challenge some counties to finish on time,” Haas said. 

Stein received 31,006 votes out of the nearly 3 million cast in the Nov. 8 election. De La Fuente received 1,514, while Donald Trump won the state's 10 electoral votes, topping Hillary Clinton by 22,177 votes, according to official results.

Stein's campaign, which originally set a $2 million fundraising goal for recounts in Wisconsin, Michigan and Pennsylvania, had raised almost $5.3 million by late Friday afternoon. It has also now upped its fundraising goal to $7 million.

Stein's campaign has said it expects the Wisconsin recount to cost $1.1 million, not counting attorney fees. The campaign projects its overall costs for the three states could be $6 million to $7 million, though if it raises "more than what's needed, the surplus will also go toward election integrity efforts and to promote voting system reform."

-- By JR Ross


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