The Morning After: If the results are close, what happens next in Wisconsin?

April 6, 2011

Wisconsin: With only one precinct left to count, challenger JoAnne Kloppenburg is now leading in the Wisconsin Supreme Court race. According to WisconsinVote.org, the AP shows Kloppenburg leading by 200 votes. Though it is not clear who the winner is, one thing is almost certain now: there will be a statewide recount.

To institute a recount, one of the candidates must request it after the vote tally is made official. That means the earliest that one could start would be next week, though technically the Government Accountability Board (GAB) has until May 15 to certify the results of yesterday's election.

If a recount were ordered, counties throughout Wisconsin would double check the number of voters in each ward and most likely run paper ballots through an optical scanner. Any disputed ballots would be set aside for a closer look later. Once the counties verify their results, they resubmit them to the GAB.

Outside observers are curious how well the three year old Government Accountability Board would perform in such a unique situation.

If a recount occurs, the result could serve as a springboard for any number of lawsuits. First, results would be challenged in a Circuit Court, selected by Chief Justice Shirley Abrahamson, then appealed to the Wisconsin Court of Appeals District IV. If a ruling was again appealed, conflict of interest issues could become a focal point, with the Wisconsin Supreme Court ruling on an election to the Wisconsin Supreme Court again.

However, once the final vote tally is announced, it is possible the defeated candidate will gracefully accept the loss. Right now, all we can do is wait. And speculate.

See also

• Wisconsin judicial elections, 2011