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    Kloppenburg Demands “Ballot Security” (but not in Dane County)

    Kloppenburg Demands “Ballot Security” (but not in Dane County)

    Last night I called on JoAnne Kloppenburg to concede.  I don’t think she listened.

    Kloppenburg’s only chance of winning is to knock out several thousand legitimate votes by challenging “ballot security” based on gaps and openings in ballot bags.

    But I also noted that this was just a game.  The actual recount numbers, particularly in the city of Brookfield, showed that any supposed “ballot security” flaws did not affect the vote count.  There was no ballot bag stuffing or other tampering with ballots.

    And now there is proof of Kloppenburg’s craven gamesmanship, because Kloppenburg has ignored almost identical ballot bag issues in Dane County, which unlike Waukesha County, went heavily in her favor.

    In Madison, notes Steve Eggleston, there were similar gaps and openings, but neither Kloppenburg nor Prosser objected:

    Dane County’s minutes of the recount provide a rather interesting read. There were several torn ballot bags in the city of Madison, several instances of ballot bag seal numbers missing from the inspectors’ reports, ballots from two reporting units in two different municipalities that were initially missing from the recount room (both stacks of which favored Prosser in what were communities that were overwhelmingly carried by Kloppenburg, and which did not affect the pre-recount net margins once added), and an instance where an absentee ballot not cast at the municipal clerk’s office lacked a witness signature yet was counted both at the polls on election day and by the recount canvass board. I don’t need to tell you that there were no objections from the Kloppenburg campaign over any of this.

    Stop now, JoAnne, while you still have some small measure of dignity.

    You are on the verge of becoming a verb.

    Related Posts:
    Brookfield Falls To Prosser Forces Again, Kloppenburg To Mount Defense At Cities of Speculation And Conjecture
    Kloppenburg Should Concede Tonight
    Kloppenburg Still Raising Money For Recount

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    Rick, if memory serves, a judicial appeal can include items not challenged during the recount. Of course, since the appeal would go to what will amount to a kangaroo court, its inclusion at that point would be to highlight the lack of equal protection of votes from differing locales in preparation of a federal appeal.

    Of course, I'm not a lawyer, so don't quote me.

    Thanks, steegg:
    I guess it would be in the nature of a cross appeal, brought by the Prosser side to counter an appeal by Klop.
    I wonder if the democrat plan is to delay this as long as possible, get a ruling from a kangaroo court as you mention, then have a slow enough appeal process so that it gets to the supreme court after Prosser's current term expires. If that happens, the supreme court could split 3-3, which could result in the affirmation, by failure to reverse, a lower court decision in favor of Klop, no matter how outrageous it is.
    I may be missing something here.

    Nothing destroys any pretense of Kloppenburg at being electable as a judge – unbiased, fair, taking all facts into account – better than this desperate partisan attempt to overturn the 7000-vote lead of her opponent by all means necessary.

    This woman is corrosive partisan bias on stilts, and has proven herself unfit to serve as a judge in any jurisdiction.

    @Pasadena Phil May 10, 2011 9:41 AM . . . and @Rick May 10, 2011 10:55 AM . . .

    I posted a comment on another post here suggesting that right after the "tears" were discovered in the bags in Waukesha County, it crossed mind that Kloppenburg could have been raising the issue in a weak way, hoping to draw Prosser into vehemently arguing against any altering of the outcome in Waukesha by throwing those bags of ballots out, only to have the issue come up in Dane and/or Milwaukee counties where more tears would be discovered, and where some real ballot stuffing could have taken place.

    I do not know how strongly she raised the issue (from a legal perspective) in Waukesha, or whether she sought a specific ruling from the judge overseeing the recount, or even noted it for the record . . . so that she could presumably raise it as an issue in any appeal. Nor do I know whether the Prosser campaign noted the matter of torn bags in Dane County for the record, though it seems very clear they did not make a public relations stink about it — which would be two entirely different things.

    There is a doctrine, not one strictly in law, but rather one sounding in equity, that could possibly be raised here if one or the other of the parties concludes that none of the available strictly legal remedies are inadequate to prevent a substantial injustice from occurring.

    In general, equity demands that parties seeking equitable relief may only do so if they themselves have "clean hands." In other words, a party can only get equitable relief, if they are themselves without fault.

    I do not even pretend to know the extent such a "clean hands" doctrine may or may not be applicable as viable defense in the State of Wisconsin in similar circumstances, but the problem with the application to this situation is that each case (Waukesha and Dane) would be dependent on proof (evidence), and therefore each one is quite independent of the other.

    They are just separate matters.

    Moreover, I strongly suspect that there are also substantial considerations of federal voting rights that would come into play and have to be overcome long before any court would give any consideration at all to throwing out bags of votes in either one or both of the counties.

    Kloppenburg is merely trying to lay a bogus foundation for being able to publicly claim that the election was "stolen" from her in Waukesha County.

    She has demonstrated that she is such a loser on so many levels that it is actually getting difficult to keep track of them all!

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