Skip to main content

By "partial," I mean that some places across the state will have hand recounts. The GAB and the two candidates agreed to hand count those areas that used Optech Eagle machine vote tabulators.

GAB

The Government Accountability Board, represented by the Wisconsin Department of Justice, filed a legal action in Dane County Circuit Court Thursday to establish the ground rules for Optech Eagle tabulating equipment used in the statewide recount of votes in the Wisconsin Supreme Court election.  Attorneys for the G.A.B. and the candidates reached a stipulated agreement to hand-count ballots in parts of 31 counties that use Optech Eagle scanners.

In the court case, they highlighted the fact that two state statutes were in conflict. The first stated that a hand recount is not allowed unless someone files suit and a court says a hand count is needed.

10. Under applicable law, recounts of votes cast on an electronic voting system must be conducted in the manner prescribed in Wis. Stat. § 9.01, and the boards of canvassers must recount the ballots cast on such systems with automated tabulating equipment. See Wis. Stat. § 5.90(1). If an electronic voting machine utilizes a detachable record of votes cast, the record must be re-tabulated under Wis. Stat. § 5.90, i.e., with automated tabulating equipment. See Wis. Stat. § 9.01(1)(b)6.

Another statute states that the memory cards used to tabulate the votes cannot be erased until after a recount has taken place.

11. Wis. Stat. 7.23(1) regulates the destruction of all materials and supplies associated with an election. Under this provision, detachable recording units for use with tabulating equipment for an electronic voting system may be cleared or erased 21 days after a non-primary election. See Wis. Stat. § 7.23(1)(g). If a recount is pending, however, or if the time for filing a recount petition has not expired, no materials may be destroyed until after the recount is completed and the applicable time period has expired. See Wis. Stat. § 7.23(2). In addition, if there is litigation pending with respect to a recount, materials may be destroyed and recording units may be cleared or erased only by order of the court in which the litigation is pending.

Since the manufacturer no longer makes these memory cards and the state does not have enough to complete a recount without erasing the original vote tabulation, one of the statutes must be violated.

The candidates and the GAB entered an agreement that allows for the hand count of those areas where the Optech Eagle machines were used. One of the nice things about this is that much of Waukesha County used these machines. Here is a list of the areas affected:

Thirty-one counties III Wisconsin, specifically Adams (partial-2 municipalities), Brown, Dane, Eau Claire, Fond du Lac, Grant (partial-l municipality), Green Lake (partial-9 municipalities), Jefferson, La Crosse, Lafayette (partial-l municipality), Langlade (partial-l municipality), Manitowoc (partial-2 municipalities), Marinette (partial-2 municipalities), Menominee, Milwaukee (partial-entire City of Milwaukee and 14 other municipalities), Monroe (partial-4 municipalities), Oconto (partial-16 municipalities), Oneida (partial-IO municipalities), Outagamie (partial-7 municipalities), Pierce (partial-12 municipalities), Portage (partial-4 municipalities), Racine, Rock (partial-IS municipalities), Rusk (partial-l municipality), Shawano (partial-3 municipalities), Sheboygan, Trempealeau (partial-3 municipalities), Vernon (partial-l municipality), Waukesha (partial-34 municipalities), Waupaca (partial-2 municipalities), and Wood (partial-2 municipalities)

This means that a hand count will occur in parts of Waukesha County and other parts of the state.

Updated by jsamuel at Thu Apr 21, 2011 at 05:21 PM CDT

Contact the Kloppenburg campaign at campaign@kloppenburgforjustice.com if you can help be a recount observer.

Originally posted to jsamuel on Thu Apr 21, 2011 at 03:12 PM PDT.

Also republished by Badger State Progressive.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site