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
How The Right Brought The Trump Birther Madness On Itself
GOP primary voters should reward substance, rather than pols who masterfully exploit hot button issues. So why are so many Republicans embracing Donald Trump? They’ve been trained to elevate politicians based on the “tough” rhetoric they use rather than the record they’ve amassed. And to rally around anyone seen as being disrespected by the dread mainstream media.
The talk radio right bears much of the blame for these pathologies. Caught up in the Tea Party excitement, guys like Mark Levin used their platforms to act as apologists for Republicans like Sarah Palin and Christine O’Donnell. Didn’t they fire up the base? Weren’t they unafraid to zing President Obama? As Donald Trump rises in the polls, however, Levin is having second thoughts. The right is suddenly foolish to embrace demagogues with thin resumes and incoherent political philosophies. For all their differences, folks like Ross Douthat, David Frum, Reihan Salam, David Brooks, Daniel Larison, and many others have long been urging the GOP to pick its champions based on substance. You’ll never hear any of them urge that Donald Trump be taken seriously.
Meanwhile, Sarah Palin is defending Trump. Will Levin call out the woman whose political judgment he has frequently touted? Rush Limbaugh is inviting Trump on his show for softball interviews, and telling callers to his program that the celebrity billionaire ought to be taken “half-seriously.” Having announced that taking Trump at all seriously is idiocy of the highest order, will Levin openly criticize his fellow talk radio host? Or does this bully lack the courage to go after anyone with a bigger audience than his? Remember that the next time he tries to tell you that the reformers embody what’s wrong with the right. Like all bullies, his targets aren’t chosen based on desert.
In failing to call out the people most responsible for the right’s pathologies, Mark Levin is not alone. As Adam Serwer notes:
Trump’s candidacy is largely a problem of the GOP’s own making. It’s a symptom of circumstances Republicans have spent the last two years tacitly cultivating as an asset. Republican leaders have at best refused to tamp down the most outlandish right-wing conspiracy-mongering about the president and at worst have actively enabled it. The result: A substantial portion of their base believes a complete myth about the president’s birth certificate, and Republicans are stuck with a candidate shameless enough to exploit the issue without resorting to the usual euphemisms more respectable Republicans tend to employ when hinting at the president’s supposed cultural otherness. I don’t know how you solve a problem like Donald Trump, but I know it’s a problem the Republican Party brought on itself.
Indeed, half of the Iowa GOP are birthers. It’s so much of a problem that Ann Coulter and Karl Rove are out there assuring everyone that President Obama was in fact born in the United States. In doing so, they frame Birtherism as a trap liberals are setting. They’re implicitly criticizing all the mainstream voices on the right who’ve flirted with Birtherism, but are uninclined to name names, or to come right out and state that what those conservatives did has come back to bite the right.
Some of us have long insisted that the conservative movement was going to pay for its embrace of demagoguery, anti-intellectualism, bombast in place of substance, and shameless pandering. For our trouble, we’ve been dismissed by talk radio hosts and conservative bloggers, who took an ends-justify-the-means approach to the 2010 primaries and opposition to President Obama generally. Lo and behold, the conservative movement is now paying a price, exactly as predicted. The GOP has a weak field for 2012, and although Donald Trump isn’t going to win the nomination, his early status as a front-runner is an unwelcome distraction and may end up pulling other candidates toward the sort of absurd populism that will hurt them in a general election.
Even Mark Levin, Ann Coulter and Karl Rove now see these pathologies on the right, and the dangers they pose. So are they going to criticize the most prominent conservatives who brought these conditions about? Nope. There is never direct intra-movement criticism of Rush Limbaugh or Roger Ailes. There is never any appreciation of the pathologies encouraged by everyone who supported Sarah Palin. Instead we get self-righteous criticism that is too little, too late, and a cowardly refusal to confront the culpable parties in a way that would prevent this sort of thing from happening again.
By: Conor Friedersdorf, The Atlantic, April 21, 2011
GOP Presidential Contenders Compete To Win Over “The Political Army Of The Lord”
Workers remove a monument of the Ten Commandments from the rotunda of the Alabama Judicial Building after Superior Court Justice Roy Moore refused to take it down in 2003
So you can add another car to the crazy train that is the 2012 Republican presidential nominating contest. No, I’m not talking about last week’s sensation, Donald Trump. He’s a pretty conventional figure compared to the latest would-be president, former Alabama Supreme Court Chief Justice Roy Moore, who is currently barnstorming through Iowa after announcing an exploratory committee.
You may remember Judge Moore as the man who was forced from his judicial post after refusing to remove a gigantic monument to the Ten Commandments from his courthouse. He was also known for abrasive comments from the bench about homosexuality as contrary to God’s will, which in Moore’s opinion was dispositive. A martyr for theocrats everywhere, Moore spent some time hauling his monument around Alabama before launching two notably unsuccessful gubernatorial races — coming in a bad second in 2006’s Republican primary and a bad fourth in 2010 — and becoming a minor fixture at tea party events.
Moore was undoubtedly drawn to Iowa by that state’s furor over same-sex marriage, decreed legal by a 2009 state Supreme Court ruling. Iowa’s powerful Christian Right movement has made overturning that decision Job One, beginning with a successful effort in 2010 to remove three of the seven jurists responsible for it. It’s one of the few places left where Republicans don’t try to ignore the whole issue of gay rights as a divisive loser of an issue (which is why presidential wannabees like Tim Pawlenty have anachronistically come out against the repeal of “don’t ask, don’t tell). For Moore, it must have felt more like “home” than home.
Before writing off Moore as a kook trying to horn in on the spotlight of a presidential race, consider the company he’s keeping on his tour of the first-in-the-nation-caucuses state: former state legislator Danny Carroll. Carroll was co-chairman (with three-time gubernatorial candidate Bob Vander Plaats) of Mike Huckabee’s successful 2008 Caucus campaign, and more recently, signed on as a lobbyist for Vander Plaats’ new Christian Right umbrella group, The Family Leader. He’s a reasonably big deal in Iowa GOP circles, and by no means someone who howls at the moon.
For all I know, Carroll sees something in the crusty Alabama judge that others haven’t seen. Or maybe Judge Moore is a convenient stalking horse for Huckabee, designed to keep The Faithful loose and out of anyone else’s camp, in case Huck ultimately decides to run.
Regardless of Carroll’s (or Moore’s) personal motives, it’s likely the national Republican chattering class will dismiss the Judge’s campaign as a joke even worse than Trump’s. Or, it may be said, there is now such a crowd on the far right that opportunities are opening up for more moderate possibilities like Romney, T-Paw or an establishment-backed candidate-yet-to-be-named.
But I’d like to suggest another theory: the Christian/tea party right in Iowa is big enough, powerful enough, and politically sophisticated enough to hold its own caucus-within-a-caucus (well, caucuses, to be technical about it), an intramural contest to determine which candidate will actually represent the cause when Iowa Republicans make their final commitments before Caucus Night. Proven zealots like Michele Bachmann, Herman Cain, and now Moore, will joust with more suspect supplicants like T-Paw, Newt Gingrich — and maybe even Donald Trump! — over the next few months, with someone emerging as the designated favorite of the political army of the Lord. That is arguably what happened in Iowa in 2008, when Huckabee and Sen. Sam Brownback fought to become the Christian Right alternative to Mitt Romney, with Huckabee becoming The Man only after he out-organized Brownback at the State Party Straw Poll in Ames during the summer.
Moore’s candidacy may not ultimately have any direct influence on what happens next winter in Iowa, when conservative evangelicals and conservative Catholics get together to shape the 2012 Republican nominating process.
But he could indeed intensify the competition for Christian Right voters. And just as importantly, he could definitely serve as a symbol of the ideological and psychological gap between rigorous conservative activists and the mainstream political commentariat. Most of the latter think Moore is a crazy person. But most of the Iowa audiences before which Moore speaks will consider him an authentic if polarizing voice expressing the Word of God. That’s a pretty big gulf in perception, but also a pretty good reflection of the real differences Americans experience in how they view their leaders.
By: Ed Kilgore, Managing Editor of The Democratic Strategist and Senior Editor, Progressive Policy Institute. Article published in The Atlantic, April 20, 2011: Photo by Tami Chappell (Reuters)
Polls And The Public: What To Do When The Public Is Wrong
There’s been a fair amount of consistency in national polls in recent months. Americans like higher taxes for the wealthy, dislike radical changes to Medicare, and don’t want the debt ceiling to be raised.
Despite Obama administration warnings that failing to do so would devastate the economy, a clear majority of Americans say they oppose raising the debt limit, a new CBS News/New York Times poll shows.
Just 27 percent of Americans support raising the debt limit, while 63 percent oppose raising it.
Eighty-three percent of Republicans oppose raising the limit, along with 64 percent of independents and 48 percent of Democrats. Support for raising the debt limit is just 36 percent among Democrats, and only 14 percent among Republicans.
Seven in ten who oppose raising the debt limit stand by that position even if it means that interest rates will go up.
These results were published yesterday, but they’re practically the same as related polling data in other surveys dating back quite a while.
Here’s the uncomfortable truth: policymakers simply must ignore them. The public has no meaningful understanding of what the debt ceiling is, what happens if interest rates go up, or the global economic consequences of a potential default. It’s quite likely Americans perceive the question as a poll on whether or not they want a higher debt.
This is one of those classic dynamics in which responsible policymakers realize that they know more about the subject matter than the public at large, so they have to do the right thing, even if the uninformed find it distasteful — knowing that the disaster that would follow would be far more unpopular.
Put it this way: what if the poll had asked, “Would you rather raise the debt ceiling or risk a global economic catastrophe and massive cuts to Social Security and Medicare?” The results, I suspect, might have turned out differently.
Or maybe not. Either way, it doesn’t matter. The public is wrong, and Americans need sensible leaders to do the right thing, even if they’re confused about what that is.
Now, I can hear some of you talking to your monitor. “Oh yeah, smart guy?” you’re saying. “The polls also show Americans hate the Republican budget plan. If the public’s confusion on the debt limit should be ignored, maybe the public’s attitudes on eliminating Medicare and gutting Medicaid should be disregarded, too.”
Nice try, but no. Here’s the thing: folks know what Medicare and Medicaid are. They have family members who benefit from these programs, or they benefit from the programs themselves. It’s not an abstraction — these are pillars of modern American life, and institutions millions of come to rely on as part of a safety net.
The point is, polls only have value if the electorate understands what they’re being asked. The debt ceiling is a phrase the public has barely heard, and doesn’t understand at all. That doesn’t apply to Medicare in the slightest.
By: Steve Benen, Washington Monthly, Political Animal, April 22, 2011
Republicans’ 2012 Slogan: It’s Anything But The Economy, Stupid
The GOP has turned one of the most effective slogans in American political history on its head. The Republican rallying cry for 2012 will be “Anything but the economy, stupid.” Let’s see how that works out for them next year.
Last year Republican leader John Boehner promised Americans that his party’s priority would be fixing the economy and creating jobs if voters gave the GOP control of the House of Representatives. Republican House candidates echoed their leader’s call to focus on the economy like a laser beam. This year, they have done almost everything but. Two of the first three bills introduced by House Republicans at the start of the 112th Congress in January were designed to take away a woman’s right to choose. One of them, H.R. 3, would have allowed abortion only in cases of “forcible” rape. Like there’s some other kind.
Then there was the battle in the first week of April that almost led to the shutdown of the U.S. government and the end of all programs to create jobs. What was the GOP hang-up on waiting till the last hour to avoid the debacle? Concern that the budget wasn’t doing enough to create jobs? No. The issue that the GOP pushed in the negotiations until the very end was defunding programs at Planned Parenthood designed to limit the number of abortions.
But that’s not all Republicans are doing to create jobs. Tuesday, Speaker Boehner hired a lawyer at $520 an hour to defend an unconstitutional law, the Defense of Marriage Act. The law passed in 1994 defines marriage as the union between a man and a woman. President Obama wisely decided not to waste any money defending the law because it’s clearly unconstitutional. The 10th Amendment reserves the power to regulate marriages to the states. So much for wasteful government spending and states’ rights. But at least the GOP has created one good paying job.
Meanwhile, the religious right is busy attacking a conservative potential GOP presidential candidate, Mitch Daniels. He is the governor of Indiana and former director of the Office of Management and Budget. Daniels angered religious conservatives because he had the nerve to say economic issues are more important than social issues. The religious right feels anyone like Daniels who short changes social issues is either a heretic, a lunatic, or both. Yes, the Taliban wing of the Republican Party believes that persecuting gays is more important than creating jobs. Good luck trying to sell that message to the millions of Americans who are one paycheck away from bankruptcy. If they are lucky enough to have a paycheck.
When Republicans go down to ignominious defeat in 2012, they will have only themselves to blame.
By: Brad Bannon, U. S. News and Worl Report, April 21, 2011
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