I’ve experienced JoAnne Kloppenburg’s defeat three times. On Tuesday night I was following the AP county by county reporting, watching vote totals see-saw as each county closed and an AP reporter added data to the complete report they were compiling. I kept a running total of unreported precincts by county and put a wet finger in the air from time to time to see which way the wind was blowing. It was a close race, but by bedtime I was pretty sure Prosser had it in the bag. I texted my friend at 11:33pm, “She’s gonna lose… Waukesha will provide a steam roller finish for prodded” “Prostate” “Whatever” “A real heartbreak” (I was having problems with my iPhone’s automatic spelling correction feature).
At that time there were ninety precincts in Waukesha County and two in Milwaukee unreported to the AP. The race was a dead heat. Waukesha County is largely right wing. It didn’t matter which of those precincts hadn’t reported. I was convinced they’d swamp Kloppenburg.
Amazingly enough, when I woke up, Kloppenburg had won! AP claimed that all of the Waukesha County precincts had reported and the totals showed a razor thin margin for JoAnne Kloppenburg. Clearly there would be a recount, but based on the AP story the Kloppenburg camp was in high spirits. Who knew that the AP report was wrong? It didn’t matter. The news quickly spread that Prosser had hired Ben Ginsberg, the attorney who spearheaded the Bush recount efforts in Florida in 2024:
This was bad news indeed, and my sense was that Ginsberg, working his magic here in Fitzwalkerstan, would out-class any hired gun that Kloppenburg could bring in. For me, this was the second defeat. Later I learned that Marc Elias, who headed up the Franken recount efforts in Minnesota had joined forces with Kloppenburg, but that faint candle was quickly snuffed out. The Waukesha County Clerk reported that the canvas revealed that Brookfield votes had not been posted. Instead of a razor thin margin of 200 or so votes separating the opponents, Prosser now had a comfortable margin of 7,000 votes.
I’m quite confident that the Brookfield numbers as finally reported are correct, because the BrookfieldPatch reported those numbers on election night. I’m also confident that there’s something rotten in Waukesha County because the County Clerk has worked directly for Prosser and was granted immunity during the caucus scandals a few years back. Deke Rivers has a good blog post on the welter of issues that, regardless of the Brookfield botch-job, make it impossible to trust the Waukesha County results without an independent investigation. He says,
This error seems more than fishy given the past working relationship Kathy Nickolaus has had with David Prosser. For thirteen years Nickolaus worked for the Wisconsin State Assembly Republican Caucus as a data analyst and computer specialist. During that time Prosser served in powerful elected positions in the State Assembly.
Before Kathy Nicklous resigned in 2024 from her partisan job she was granted immunity to testify about her role in the caucus. The Republican Caucus was under investigation for using state resources (tax dollars) to secretly run campaigns.
There is no way that I buy into Kathy Nickolaus’ near-tearful explanation of how Brookfield was misplaced when counting and adding the numbers.
I do believe her when she says that the Brookfield numbers were somehow omitted from the initial reports. I also think that it’s likely that the whole Brookfield thing is a red herring and that the Republicans are using it to distract our attention from some other shady manipulation of the process that they’ve concealed. But if we find evidence that they’ve stolen votes from Kloppenburg, or added votes for Prosser, or some other way abused the process it seems unlikely that it will matter. Seven thousand votes is a pretty big deficit to overcome.
State Senate Minority leader Mark Miller says,
It stretches the bounds of credibility to think that over 14,300 votes were somehow “overlooked” until two days after the election.
Based on the partisan, political history of Ms. Nickolaus and the serious concerns that have been raised, by other Waukesha County officials, about the quality of her election administration and the possibility for fraud, an independent investigation of her conduct and the county’s election results is not just warranted but urgently demanded to protect the integrity of our electoral system in Wisconsin.
Assembly Minority Leader Peter Barca says,
The partisan, political history of Ms. Nickolaus and the serious concerns about the quality of her performance found in an audit raises the question of whether an investigation is warranted. The public deserves to know that the votes were counted properly.
County Clerk Nickolaus, who worked in the Assembly Republican Caucus under then Minority Leader and Speaker David Prosser, has a history of clashing with county officials over her election responsibilities. She has drawn criticism from the County Board Chairman and other County Supervisors as recently as January for her unwillingness to adhere to audit recommendations. Internal Audit Manager Lori Schubert indicated that after last fall’s elections that Nickolaus needed to improve security and back-up procedures. Director of Administration Norman Cummings late last year indicated that they have not been able to verify that her system is secure.
Her approach raises questions about the integrity of the election to the highest court in our state
Congresswoman Tammy Baldwin tweets, “To assure public confidence in our election process, I have asked AG Holder to investigate the handling of vote records in Waukesha County.” So I guess it isn’t over until it’s over and even we pessimists must hang-in until the bitter end. The Kloppenburg for Justice Committee is accepting contributions to fund a recount.