The JoAnne Kloppenburg campaign objected this morning to the opening and counting of 6 bags of ballots from the City of Brookfield during Waukesha County's recount of the April 5th Supreme Court election. Kloppenburg trailed incumbent David Prosser by 7,316 votes after the first official results. Brookfield is in Waukesha County.
Waukesha County Clerk Kathy Nickolaus held a press conference two days after election day announcing she had mistakenly omitted the City of Brookfield's votes from the report she submitted to the media on election night.
By that time, Kloppenburg had already declared victory, but the previously uncounted Brookfield votes gave Prosser the lead. The Waukesha County circumstances were a motivating factor behind Kloppenburg's decision to request a recount. She has also requested an independent investigation into Waukesha County's election process.
Despite his own statement that "There are several bags that appear to be improperly sealed," a member of the Waukesha County canvass board ordered the Brookfield bags opened and counted, stating the board could only note the objections, allow photos to be taken, and let someone else decide later what to do about it. Presumably he meant the courts, if the Kloppenburg campaign decides to pursue an objection to the recount results.
Before he dismissed the issue entirely, though, the board member, retired Waukesha County Circuit Judge Robert Mawdsley, allowed sworn testimony from Brookfield City Clerk Kristine Schmidt, who was in charge of safeguarding the ballots.
Kloppenburg representatives asked her a number of questions. Video is available here.
The following is my transcription of the questions asked by the Kloppenburg representatives, the Judge's interjections, and the clerk's answers. The clerk's answers are in bold type:
JK Representative: To your knowledge were the bags secure while you, while they were in your possession?
Schmidt: Yes they were and…we keep them in a locked vault until they’re taken to the county. It’s always a problem with sealing these. They have one hole in the bag. Unfortunately when you just fold them over, if you have too many in there, you can see how they will tear when you pick them up like this.
JK Representative: These weren’t torn, Kris, they were open…
Schmidt: I understand, but they will also come apart. If you take a look at that. When you see the ones we do in the absentee canvas, I seal them and…I actually punch holes and weave something in there. This is a training experience for me to tell my co-workers. I guarantee you these ballots were put in and not tampered…with…until they left my…city hall and were taken to the county and I’m sure the same situation was there.
JK Representative: Can I ask, who other than you has access to the vault?
Schmidt: To the vault? My staff. Other people can go in but I guarantee you we are not friendly after an election. They don’t come and visit us.
(After some crosstalk, the Prosser reps ask a couple softball questions, then the judge continues)
Judge Mawdsley: Ok, all right why don’t you do this…you can ask the clerk questions on the side if...(unintelligible)
JK Representative: I’d like to get this on record, though. After you’ve taken them into your possession, they’re stored in the vault. There’s another step, though before they arrive here, is there not?
Schmidt: Yes
JK Representative: Would you go over those steps?
Schmidt: Essentially they usually put them – the fellows from the highway department, which most clerks use to transport things – put them in boxes and them bring them in to the county. And that’s done the next day. I think we left ours…(unintelligible)...we left ours about 3 o’clock in the afternoon to go to the county.
JK Representative: And do you know what happens to them when they arrive at the county?
Schmidt: Actually, not. I think they had to call… (waves her hand dismissively at the questioner) You can’t expect (unintelligible)…
Judge Mawdsley: OK. That’s enough for now, you can talk to the clerk on your own…(unintelligible)
There were additional questions raised later in the morning about the use of absentee ballots at the polls when they ran out of regular ballots. I don't have much detail about that, but it appears that the canvass board is allowing those ballots to be counted even if they have only one set of election officials' initials. In theory, each of those ballots should have three sets of initials - the first set that would have been on the ballot if it had been used as planned as an absentee ballot, plus two more sets of initials from the polling station workers when it was used as a substitute for a regular ballot.
I have a few questions of my own.
Who does the Brookfield City Clerk remind you of? Is it me, or does she sound like she's been rehearsing these answers for a few weeks? They ask a simple question and she's off and running with the excuses.
How does one guarantee something did not happen to the improperly sealed ballots after giving them to another agency?
How exactly does crankiness in the clerk's office prevent tampering of ballots? Does the staff's collective foul mood somehow create an invisible force field that surrounds the vault, repelling evil-doers?
Why is the judge so quick to brush everything aside? He claims in a letter that the extra scrutiny on the Waukesha County recount is causing them to be way behind the other counties, but that's ridiculous. Anyone who watches their recount for any period of time will see that the observers are not in the way. The delays are caused by their lack of organization and their sloppy handling (I'm being kind) of election materials.