Democracy On Trial: Wisconsin Supreme Court Recount Begins
The recount in Wisconsin’s Supreme Court race begins this Wednesday, April 27. Why was the recount called, how will it be carried out, and how can individuals get involved?
The Why
A recount was expected after the final, unofficial vote count showed Kloppenburg winning by 204 votes. Governor Scott Walker implied as much when he told the Associated Press “[t]he overriding principle has got to be that every vote that was legally cast in Wisconsin needs to be counted.”
The landscape shifted two days after the election when Waukesha County Clerk Kathy Nickolaus, a Republican activist in the state’s most conservative county, announced she inadvertently missed 14,000 votes, giving the conservative Justice Prosser a lead of more than 7,500 votes. This eleventh-hour announcement by someone who once worked for Prosser led many to question the integrity of Wisconsin’s elections, and Congresswoman Tammy Baldwin asked the U.S. Department of Justice to investigate.
The election was marked by other problems. The director of the state elections board, Kevin Kennedy, significantly miscalculated public interest in the election, predicting a turnout of 20 percent when the actual turnout topped 33 percent statewide and in some areas was as high as 54 percent. Wards around the state ran out of ballots and resorted to using photocopies or requiring all voters to use a single touch-screen machine normally reserved for persons with disabilities. While no voters were turned away, long lines may have deterred some potential voters, and photocopied or otherwise improvised ballots can give rise to challenges.
Even if Prosser’s lead will be difficult to overcome, Kloppenurg said she called for the recount because:
“Wisconsin residents must have full confidence that these election results are legitimate and that this election was fair. A recount will establish where votes were incorrectly tabulated and expose if irregularities compromised the electoral process. A recount may change the outcome of this election or it may confirm it. But when it is done, a recount will have shone necessary and appropriate light on an election which, right now, seems to many people, suspect.”
Additionally, Kloppenburg’s campaign asked the state elections board to appoint an independent investigator to look into potential misconduct surrounding the uncounted Waukesha County votes, citing County Clerk Nickolaus’ partisan affiliations and history of incompetence, and noting that right-wing media outlets reported the changed results before Nickolaus’ April 7 press conference. Kloppenburg may be requesting an independent investigation because Kevin Kennedy rushed to the defense of Nickolaus, issuing a statement expressing “confidence in Wisconsin’s county and municipal clerks,” before he had a chance to investigate the issue and even while admitting that he himself was not informed of the problems with the Waukesha count prior to the press conference held by Nickolaus.
The complaint also alleges that Prosser had a meeting with Governor Walker on April 6, one day after the election (and one day before the Waukesha votes were announced), and that Governor Walker commented on April 6 that there might be “ballots somewhere, somehow found out of the blue that weren’t counted before.” Both Walker and Prosser have denied there was such a meeting.
The How
Because Justice Prosser’s margin of victory was within ½ of one percent after statewide canvassing, Wisconsin law provides for a recount should a candidate request one. All counties will count simultaneously, with participants likely working through the weekends in order to finish by the May 9 completion date. See the recount manual for more information.
The Milwaukee Journal-Sentinel sets the scene:
An indoor sports arena is filled with poll workers from every municipality in Milwaukee County, each in their own area. At each station, poll workers examine and count ballots one by one. And as they count, campaign volunteers, attorneys and journalists watch their every move – with the campaign representatives sometimes challenging the poll workers’ decisions – while sheriff’s deputies stand guard.
The Journal-Sentinel also reports that “Prosser attorney Jim Troupis has already said the incumbent’s campaign would have hundreds of volunteers, including some flying in from around the country, to monitor the recounts.” Prosser had initially hired the DC lawyer who represented George W. Bush during the infamous 2000 Florida recount that made “W” president, but has apparently replaced him with Troupis, the go-to election lawyer for Wisconsin Republicans. In the past year Troupis has represented Americans for Prosperity in a challenge to fair election rules, legislative Republicans in redistricting efforts, and Club for Growth in a case to compel Senate Democrats back into the state. (See OneWisconsinNow’s 2009 Troupis bio here). He also sits on the Board of Directors of the right-wing, Koch-connected thinktank MacIver Institute.
Kloppenburg initially hired attorneys who represented now-Senator Al Franken in his successful Minnesota recount, but has since retained the Madison firm Cullen, Weston, Pines & Bach.
Both Candidates Are Looking for Volunteers and Donations
Both campaigns are seeking volunteers to aid with the recount. The “Kloppenburg for Justice” facebook page has information on who lawyers and other potential volunteers can email to get involved, and Justice Prosser’s “Recount for Victory” website has a volunteer signup sheet.
Observers can watch for lapses in procedure and challenge the decisions of the canvassers if the intent of the voter becomes an issue on any specific ballot. Even in the wards where optical scanners will be used, the ballots will be visually inspected before they are fed to the machine, and observers can verify the machine total.
Although the state will pay for most of the costs associated with the recount, it will not pay lawyers’ fees, and public funding for campaigns no longer applies. Both candidates are accepting donations for what may be substantial lawyers’ fees; according to Justice Prosser’s “Victory Recount Fund” site, “donations are unlimited,” but corporate donations will not be accepted, possibly to avoid conflict-of-interest issues if a case involving a donor comes before the Supreme Court.
By: Brendan Fischer, Center for Media and Democracy, April 26, 2011
Governor Walker’s Misleading Claims On Medicaid
Wisconsin Governor Scott Walker painted a misleading picture of Medicaid in his New York Times op-ed on Friday. Medicaid is neither obsolete nor inflexible and changing it to a block grant, as the House Republican budget that Walker supports would do, would significantly harm the millions of seniors, people with disabilities and children who rely on it every day.
Governor Walker says Medicaid is obsolete because it is biased toward covering people in nursing homes rather than their own homes. In fact, Medicaid is moving in precisely the opposite direction. In 1990, just 13 percent of Medicaid spending on long-term care went for care in the community rather than in an institution. By 2009, the figure was 43 percent. That’s a great example of how Medicaid is changing with the times.
Moreover, health reform, (i.e., the Affordable Care Act) provides several new options to speed this trend along and continues funding for the “Money Follows the Person” program, in particular, which moves people from nursing homes back to the community. With health reform’s new options and funding, progress will likely continue. That won’t happen under the House Republican budget plan, which would sharply reduce funding for Medicaid and convert the program to a block grant.
My colleagues, Edwin Park and Matt Broaddus, have shown how risky a block grant is for states. If the House Republican block grant proposal had been in place starting in 2000, their analysis shows, in 2009 Wisconsin would have received 40 percent less in federal funds – nearly $1.6 billion in that year alone. With such a sharp drop in federal funds, the state would have been ill-equipped to deal with a recession or even to meet the ongoing needs of an aging population.
Governor Walker claims the success of the Children’s Health Insurance Program (CHIP) and state Medicaid demonstration projects show that states could do well under a Medicaid block grant, but he’s wrong on both counts:
CHIP, which does operate under a structure similar to a block grant, has a narrower purpose than Medicaid, as noted in a recent brief from the Kaiser Commission on Medicaid and the Uninsured. It covers far fewer children than Medicaid and covers children in families with higher incomes. Moreover, in the past, some state CHIP programs did run short of funds and had to freeze enrollment and set up waiting lists.
As to Medicaid demonstration projects, they allow states to cover people who are ordinarily not eligible for Medicaid (such as low-income, childless adults) or services that aren’t usually covered (such as short-term, or “respite,” care for families with children with complex medical conditions) as long as they don’t spend more federal funds than they otherwise would have received. This is nothing like the Ryan block grant, which would slash the federal funds that states would otherwise get to help them run their programs, not hold federal funds steady.
By: Judy Solomon, Center on Budget and Policy Priorities, April 25, 2011
How Grover Norquist’s Pledge Blocks Real Deficit Cuts
Eli Lehrer has an incisive piece on this page about Tom Coburn’s “Gang of Six” tax proposals. I believe however that the proposals deserve a warmer endorsement than Eli offers.
An important cause of America’s long-term debt problem is the intellectual cul-de-sac into which Republicans have driven themselves. Republicans have accepted a total ban on any kind of tax increase as party orthodoxy. And they have submitted to the authority of Grover Norquist of Americans for Tax Reform to determine what constitutes a “tax increase.”
Norquist takes the view that any action that increases the revenue column of the federal government must be deemed a tax increase – and that such increases are only permissible if they are offset by an equivalent cut to the spending column.
The trouble is that a lot of federal spending – especially the spending done by Republicans – takes the form of tax remission.
The federal government offers a tax credit of up to $9,500 for the purchase of plug-in electric cars. How exactly is that different from writing a check to every plug-in buyer? Yet canceling this program would count as a tax increase under Grover Norquist’s test.
Adopt a child and you can qualify for a tax credit of up to $13,100. You can even get credit for the cost of meals and lodging while traveling in a foreign country to receive the child. You can say a lot of things about this measure. But is it a “tax cut”? Hardly.
Enrolled in college or university? You can deduct up to $4,000 of qualified tuition expenses.
Over 65? Or disabled? Adjusted gross taxable income of less than $17,500? Tax credit for you.
And so on. The point is not that these tax expenditures are all necessarily ill-advised. (It’s genuinely more expensive to be disabled, and public money to help the disabled cope with the costs imposed on them by nature or accident seems a reasonable response by a civilized society.) The point is: they are expenditures, disguised as tax cuts.
This point – so obvious with the smaller tax expenditures – is true also of many of the larger tax expenditures, even if familiarity blinds us to the fact. Mortgage interest deductibility and the tax exclusion of employer-provided fringe benefits: these are subsidies too, no less subsidies for being widely rather than narrowly used.
Yet on the Norquist system and by the Norquist rule, the US cannot address these subsidies contained in the tax code unless and until they are simultaneously matched exactly with other subsidies and benefits that happened to have been framed as outlays. Economically, the rule makes little sense. Politically, it has the job of making deficit reduction twice as difficult as it needs to be. With consequences that …. well let’s leave that for a second post.
By: David Frum, Frum Forum, April 25, 2011
RyanCare vs. The Public Option
If you want to understand why the budget debate so infuriates people who actually care about deficits — and, in particular, people who actually care about health-care spending — consider this: The central health-care reform in Paul Ryan’s budget, the one that’s got him so many plaudits for courage, would actually increase costs. The health-care reform that progressives have been pursuing for more than two years would cut them. And yet calling for Medicare to be privatized and voucherized is considered serious, while calling for a public option is considered tiresome. But let’s go to the tape.
Back during the health-care reform fight, the Congressional Budget Office looked at the likely effect of adding a public option that paid Medicare rates. “In total, a public plan based on Medicare rates would save $110 billion over 10 years,” the agency concluded. Importantly, the savings would come because premiums would be lower. The basic mechanism here is not complicated: Just as you get better deals by shopping at a mega-retailer like Wal-Mart, you get better deals by working with a mega-insurer like Medicare. Size matters.
As for Ryan’s plan, CBO’s take was just the opposite. “Under the proposal,” they said, “most elderly people would pay more for their health care than they would pay under the current Medicare system.” That is to say, health-care costs go up. Now, federal health-care spending goes down, as seniors are paying 70 percent of their costs out-of-pocket rather than 30 percent. Or, in CBO-ese, Medicare beneficiaries “would bear a much larger share of their health care costs than they would under the current program.” Of course, back in the real world, seniors are going to react poorly to being unable to afford health-care insurance, and those savings won’t manifest.
But even putting that aside, it makes for a very stark contrast. The progressive reform that won’t happen would cut health-care costs. The conservative reform that won’t happen would increase health-care costs. One idea makes insurance cheaper and one makes it more expensive. And yet the idea that makes insurance cheaper is pretty much off the table, while the idea that makes it more expensive — and that almost certainly wouldn’t work — is considered a very serious proposal worthy of brow-furrowing debate.
By: Ezra Klein, The Washington Post, April 25, 2011
We Don’t Have A Spending Problem, We Have A Fraud Problem
Conservatives seem to have a knack for changing the subject whenever their backs are up against the wall. Over the last several weeks, there has been an orchestrated chorus by the House Republicans in particular to define the so-called “deficit problem” in terms of a wild spending binge by the federal government and the Obama administration. They seem to have easily forgotten who got us into this mess in the first place. That aside, everyone from Speaker John Boehner to Sen Mitch McConnell have been bellowing throughout the halls of Congress and at every available microphone that “We don’t have a revenue problem, we have a spending problem”.
It’s amazing how we all have bought into this line. The media, in its usual rush to get a headline or sound bite, immediately picked up this line and has been the waterboys for the GOP by enabling this hoax on the American people. The focus in most circles has been on spending cuts. Well, we need to re-characterize what is actually going on here. We don’t have a spending problem..we have a fraud problem.
This fraud has been played on the American people by an ideologically depraved Republican party for at least the last ten years. They have made everybody believe that if we just make the wealthy wealthier, somewhere down the road, we will all benefit. There would be job creation with full employment, small businesses would thrive, home prices would fall, gas would cost less than two dollars a gallon and there would be a chicken in every pot. And we believed it hook, line and sinker. Now we are back to square one. None of these things have happened except the fact that we have indeed made the wealthy wealthier. In 2010, the 400 Americans with the highest adjusted gross revenue incomes averaged $345 million. The average federal income tax was 17%, down from 26% in 1992. The income gap just keeps getting wider. Why does this continue to happen? Because we let it happen.
Just last week, Standard and Poor’s accentuated the Republican clarion that the sky is falling. This call comes from the same S&P who supported every toxic waste subprime security under the sky, the same S&P who sold its ratings to the highest bidder. Regulators have also assisted the GOP in their fraud. The Office of the Currency has gone out of its way to protect its clients, ie the banks. Efforts to reign in the banks and stop their predatory loan practices have been foiled at every turn. Even the banks are too big to fail. Profits for banks, corporations, CEO’s, Wall St and the wealthy just keep soaring. There is a lot of back scratching going on here, by and for a lot of wealthy people.
Now that the cat is out of the bag, all of these wealthy people are trying to figure out a way to take the spot light off themselves. They are beginning to see that they may not be able to stave off demands any longer that they pay their fare share. People who have been adversely affected for so many years are now demanding that this fraud be stopped. Teachers and other low wage earners, the poor, seniors, students and union members have all come to believe that they have sacrificed enough. Even some tea party members are beginning to see the light.
For too many years, the Republicans and their wealthy friends have had their hands in everybody’s pockets. Your pocket was the revenue stream for them. General Electric and the Koch Brothers were probably happier than anyone. The Republicans were also happy because their happy friends provided the cover that allows them to do whatever they want to in terms of policy. Being the ideologues that they are, this protection gives them unimpeded opportunity to push forward with their agenda, from dissolving women’s rights, overturning the Affordable Care Act, union busting, replacing Medicare with vouchers and completely eliminating any sense of environmental protection just to name a few. With happy and contented wealthy backers behind you for so many years, how could you go wrong. My, how things are changing.
The revenue stream that the Republicans have depended on for so long is now drying up…that stream is you. They are finding that when they put their hands in your pockets now, they are feeling the seam of the sewn pocket. There just isn’t any more money there. They become flushed and filled with extreme panic, finally realizing that they are going to have their taxes raised after all these years. Their backs are against the wall. So what do they do now? Change the debate..”Let’s raise taxes on everybody”. Nice try!
It’s well past time that shared sacrifice mean exactly what it says. It is no longer acceptable that the poor, under privileged, seniors and the disenfranchised continue to carry the load for corporations, Wall St and their deadbeat tax-evading friends. No, let’s not raise taxes on everybody. Let’s end the fraud and insist that the wealthy start paying taxes just like everyone else. This being Easter Sunday, this may be a good symbolic time to increase taxes only for the rich. We should leave that rate in place for oh say, the next 40 years. Besides, they have accumulated a fair amount of wealth over the years and should easily be able to live off that profit during that time. Perhaps take a trip or two or just wander around the world enjoying their spoils. We will pledge to re-visit this issue after that time. If, and only if, the middle class has reached a level playing field, then we can talk about lowering the tax rate for the wealthy. I think Moses and the Pharaoh’s would be happy with this compromise. So it is written, so let it be done.
By: raemd95, mykeystrokes.com, April 24, 2011
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