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How do people vote in Waukesha county? Paper or electronic?

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GOTV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:29 AM
Original message
How do people vote in Waukesha county? Paper or electronic?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:30 AM
Response to Original message
1. All votes in state are on paper. It's the law.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:32 AM
Response to Reply #1
2. Except for the ones that ran out of paper and had to switch to electronic. n/t
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:33 AM
Response to Reply #2
3. Those were on DRE for disabled and produce paper. As required by law.
Edited on Fri Apr-08-11 11:34 AM by PeaceNikki
AND the only reported precinct in Waukesha County that ran out was Delafield... late in the day.

http://www.livinglakecountry.com/lakecountryreporter/119294804.html
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:34 AM
Response to Reply #3
4. Oh, good. So even the touch-screens have a paper trail? n/t
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:35 AM
Response to Reply #4
6. Yes, it's the law thanks to our former Democratic Governor Jim Doyle
Walker hasn't overturned that.

yet
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:41 AM
Response to Reply #6
8. Thanks for having the facts. n/t
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:42 AM
Response to Reply #8
9. That God for copy/paste and cache
:D
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:45 AM
Response to Reply #4
10. Optical Scan are recounted with Diebold/ES&S software through the tabulator
Edited on Fri Apr-08-11 12:09 PM by eowyn_of_rohan
If you want a hand recount, you must obtain a court order.

on edit
I don't know what the process is for touch screen but here is the link to the Wisc. Recount Manual
http://gab.wi.gov/sites/default/files/publication/65/recount_manual_23968.pdf
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:45 AM
Response to Reply #10
11. A hand recount will happen
Edited on Fri Apr-08-11 11:46 AM by PeaceNikki
Watch

If not, bookmark this and tell me I am an idiot. In the meantime, let's wait for the process to work.
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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:48 AM
Response to Reply #11
13. But who's in charge of the hand recount?
Can we really trust those doing the recount?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:49 AM
Response to Reply #13
15. Google the process in WI. There are attorneys for both sides that are involved. Klopp has Franken's
atty.
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:52 AM
Response to Reply #11
17. They need to verify the numbers with the poll/signature books.
but after reading these updates, it sounds like the good folks in WI and parties involved are doing the right thing. They need to get that computer impounded! here:

UPDATE: 10:22 p.m. -- The group Citizen Action of Wisconsin is calling for an immediate federal investigation and impoundment of all computer equipment, ballots, and other relevant evidence needed to verify a fair vote count in Waukesha County.

“Given the shocking character of this afternoon’s revelations, and its tremendous importance for the perceived integrity of Wisconsin’s governmental institutions, it is absolutely essential that there be a full investigation which is so beyond reproach that all Wisconsin citizens can have faith in the validity of the outcome,” said Robert Kraig, executive director of Citizen Action. “In the current political climate in Wisconsin, only an investigation by a U.S. Attorney can be seen by all citizens of the state as independent and above politics."

UPDATE: 4/8/11, 9:57 a.m. -- From a statement by the SEIU:

A recent revelation by Waukesha County Clerk Kathy Nickolaus of thousands of votes supposedly cast for her former boss -- Justice David Prosser -- does not pass the smell test. Just one year ago, county officials ordered an audit of Waukesha County’s outdated election system after Nickolaus removed election data from county computers and installed them on personal computers in her office. Even before this issue, Nickolaus was resistant to an independent and thorough review of her election system. Now she wants the public to believe that some 7500 ballots for Prosser were somehow lost on her personal computer. Waukesha county’s ballots should be immediately impounded and recounted. <...>
Following what can only be described as a midnight or sneak attack where Governor Walker summoned his friends to help him eliminate collective bargaining rights for nurses and teachers, this is yet another reminder of the lengths this administration will travel to side with partisan politicians and corporate donors rather than Wisconsinites.

more at the link:

http://www.huffingtonpost.com/2011/04/07/david-prosser-wisconsin-supreme-court_n_846431.html
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:53 AM
Response to Reply #17
18. There are no "signature books" here
They ask for our name, asked to verify address, name is crossed off. We're given a # on a piece of paper. We give that # to next person and we get a paper ballot with 2 sets of initials. We then vote and put it into the optical scanner.
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 01:36 PM
Response to Reply #18
43. Don't they verify your signature? You don't sign in?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 01:40 PM
Response to Reply #43
44. No.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Apr-08-11 11:56 AM
Response to Reply #11
21. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Apr-08-11 11:59 AM
Response to Reply #21
22. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 10:22 PM
Response to Reply #11
50. Thank you , oh wise one
Edited on Fri Apr-08-11 10:23 PM by eowyn_of_rohan
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-09-11 10:04 AM
Response to Reply #50
52. That was snotty.
Here, listen to this. http://www.wpr.org/wcast/download-mp3-request.cfm?mp3file=bme110407l.mp3&iNoteID=96721

It's Kevin Kennedy, Director of GAB on Ben Meren's show on WPR on Thursday about an hour before the press conference. The entire program is about this race. They talk about the Brookfield votes. It's an interesting program and will clear up a lot of misinformation being spread.

One of note starting around 17:00:

Kennedy: "When we do the re-count every ballot gets looked at by a human being and ballots that wouldn't have been read by the machine will be decided by the Board of Canvass"

Merens: "So the canvass is counting of the official tape and the recount is a look at all the ballots that make up that tape?"

Kennedy: "That's correct"
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ReturnoftheDjedi Donating Member (839 posts) Send PM | Profile | Ignore Fri Apr-08-11 11:47 AM
Response to Reply #3
12. but not paper ballots. just a long tape of recorded votes which could easily be faked.
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:03 PM
Response to Reply #3
23. Some jurisdictions ran out of paper ballots, and people voted on the DREs instead.
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 01:54 PM
Response to Reply #23
46. Yes, which produce paper as required by law.
AND the only reported precinct in Waukesha County that ran out was Delafield... very late in the day affecting very few people:

http://www.livinglakecountry.com/lakecountryreporter/119294804.html
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GOTV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:35 AM
Response to Reply #1
5. So we need not trust Kathy Nickolaus. Have a team ....
... made up of representatives of both candidates recount the actual ballots.

Then the loser congratulates the winner.

Why isn't it as simple as that?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:36 AM
Response to Reply #5
7. That's called a recount. And it will happen after certification.
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GOTV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:48 AM
Response to Reply #7
14. Great. Then I'm not worried.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:49 AM
Response to Reply #1
16. Last I checked, it was paper COUNTED BY MACHINES....
And there are DOCUMENTED ways of hacking those machines...
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:54 AM
Response to Reply #16
19. Check again.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:03 PM
Response to Reply #19
24. Done....
Currently over 90% of Wisconsin’s voters use hand-marked paper ballots. This system includes ballot marking devices for those with special needs, and optical scan tabulators. However, there are over 1600 touchscreen Direct Reading Electronic (DRE) voting machines in Wisconsin. The DRE’s have caused a notorious incident of undervotes in Sarasota, and there has also been an incident in Winnebago County in Wisconsin for the February 2008 election.

...

Touchscreens in Wisconsin
As of June 2008, these were the approximate numbers of the different types of voting equipment

Optical Scan Total Accessible DRE Touchscreens
Total
Premier Accuvote OS(1.96.6,ES-2000) 406 Sequoia Edge 1193
Sequoia/ES&S Optech Eagles IIIP 1072 ES&S iVotronic 71
Sequoia Insight 87 Populex 2
ES&S M100 330 Premier TSX 362
ES&S Central Count 149 municipalities VTI 23
Total 1895 Total 1651

Ballot Marking Device: ES&S AutoMark 999
Vote-Pad 26


http://www.fairelectionswi.com/Touch%20vs%20OPscan/Touch%20vs%20Opscan.html
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:05 PM
Response to Reply #24
26. My bad, I was in wrong sub-thread. Tabulations are machine, recount will be hand.
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Ellipsis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:07 PM
Response to Reply #26
27. Yup.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:08 PM
Response to Reply #26
29. I hadn't heard that. Usually, all they do is pass them through the very same machines....
Edited on Fri Apr-08-11 12:09 PM by Junkdrawer
Does WI specify hand recounts counts only? While that's what I want, it WILL cost $$$$.
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:09 PM
Response to Reply #29
30. Candidate can request hand-count. Klopp has Franken's attorney, so I can say with some confidence
that will happen.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:11 PM
Response to Reply #30
33. But with the "magic" 7,500 vote margin achieved, won't she have to pay...
for the extra expense that will cause?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:11 PM
Response to Reply #33
34. $5 per ward. A pittance compared to what's been spent on this campaign
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:14 PM
Response to Reply #33
37. She has to pay if there is more than .5% differnce in the votes.
I think it right around 1/2 % now.
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Ellipsis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:10 PM
Response to Reply #29
32. 5 bucks a ward, with a .5% to 2% difference, pocket change
Edited on Fri Apr-08-11 12:11 PM by Ellipsis
A hand recount is mandatory in Wisconsin election law.
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:38 PM
Response to Reply #32
42. Handcounts aren't mandatory, unless this document amended in 2009 is outdated.
Looks like the law calls for retabulation via the same process used at the election's end, unless someone can make a case to hand count.

Rubber meets the road at the bottom of page 10 (pdf page count 15).

.pdf http://elections.state.wi.us/docview.asp?docid=2127&locid=47

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Ellipsis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 01:52 PM
Response to Reply #42
45. My mistake, I was thinking of the debaucle for Attorney General in Milwaukee. Here's Wis statute
Edited on Fri Apr-08-11 01:59 PM by Ellipsis
Recounts are 5.90

(1) Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in sub. (2) and s. 9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.

5.90(2)
(2) Any candidate, or any elector when for a referendum, may, by the close of business on the next business day after the last day for filing a petition for a recount under s. 9.01, petition the circuit court for an order requiring ballots under sub. (1) to be counted by hand or by another method approved by the court. The petitioner in such an action bears the burden of establishing by clear and convincing evidence that due to an irregularity, defect, or mistake committed during the voting or canvassing process the results of a recount using automatic tabulating equipment will produce incorrect recount results and that there is a substantial probability that recounting the ballots by hand or another method will produce a more correct result and change the outcome of the election.

Linkie
http://nxt.legis.state.wi.us/nxt/gateway.dll/?f=templates&fn=default.htm


SO, at least Waukesha county would be a hand recount.
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Ellipsis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 02:04 PM
Response to Reply #45
47. 9.01 complete info FYI

9.01
9.01 Recount.

9.01(1)
(1) Petition; fees; general procedures.

9.01(1)(a)
(a)

9.01(1)(a)1.
1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the government accountability board receives the last statement from a county board of canvassers for the election or referendum.

9.01(1)(a)2.
2. Each verified petition under subd. 1. shall state all of the following:
a. That at the election the petitioner was a candidate for the office in question or that the petitioner voted on the referendum question in issue.
b. That the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question or that another specified defect, irregularity, or illegality occurred in the conduct of the election.

9.01(1)(a)3.
3. The petition under subd. 1. shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified.

9.01(1)(a)4.
4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board, or chairperson's designee, after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

9.01(1)(ad)
(ad) Upon receiving a petition for a recount, the clerk or body receiving the petition shall calculate any fee due under par. (ag) 1m. or reasonably estimate any fee due under par. (ag) 2. The clerk or body shall provide the petitioner promptly with the total due or estimate.

9.01(1)(ag)
(ag)

9.01(1)(ag)1.
1. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 1,000 or less votes are cast or not more than 0.5% of the total votes cast for the office or on the question if more than 1,000 votes are cast prior to issuance of any amended return under s. 6.221 (6) (b), the petitioner is not required to pay a fee.

9.01(1)(ag)1m.
1m. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes are cast prior to issuance of any amended return under s. 6.221 (6) (b), the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality for which the petition requests a recount where no wards exist.

9.01(1)(ag)2.
2. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is more than 2% if more than 1,000 votes are cast prior to issuance of any amended return under s. 6.221 (6) (b), the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition request a recount where no wards exist.

9.01(1)(ag)3.
3. All fees calculated or estimated under par. (ad) shall be prepaid in cash or another form of payment which is acceptable to the officer to whom they are paid. No petition for which a fee is required is valid unless the proper calculated or estimated fee is paid at the time of filing.

9.01(1)(ag)3m.
3m. The petitioner shall pay any balance owing toward the fee due under subd. 2. within 30 days after the clerk or body receiving the petition provides the petitioner with a written statement of the amount due. If the petitioner has overpaid the fee due under subd. 2. the clerk or body receiving the petition shall refund the amount overpaid within 30 days after the board of canvassers makes its determination in the recount.

9.01(1)(ag)4.
4. The board shall deposit all moneys received by it into the account under s. 20.511 (1) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

9.01(1)(ag)5.
5. In this paragraph, the "leading candidate" includes every individual whose vote total at the time of the filing of the recount petition would entitle the individual to election or nomination to office. In an election in which more than one office of the same type is to be filled from the same territory, the number and percentage of votes cast under this paragraph shall be determined by first dividing the total number of votes cast for the office by the number of offices being filled at the election from the same territory.

9.01(1)(am)
(am) A person who files a petition under par. (a) may withdraw the petition. If the petitioner withdraws a petition before any board of canvassers that canvassed the original election begins its recount, the clerk or body shall refund any fee paid under par. (ag).

9.01(1)(ar)
(ar)

9.01(1)(ar)1.
1. In the event of a recount for any office, the petition shall be filed with the clerk or body with whom nomination papers are filed for that office.

9.01(1)(ar)2.
2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the board.

9.01(1)(ar)3.
3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the board receives a valid petition and any payment under par. (ag) 3., the board shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board may permit extension of the time for adjournment. Returns from a recount ordered by the board shall be transmitted to the office of the board as soon as possible, but in no case later than 13 days from the date of the order of the board directing the recount. The chairperson of the board or the chairperson's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board or the chairperson's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

9.01(1)(b)
(b) The proper board of canvassers shall reconvene no earlier than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition, or if the original canvass is subject to correction under s. 6.221 (6) (b), immediately after issuance of the amended statement and determination in the original canvass, whichever is later. The board of canvassers shall then proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. The recount shall proceed for each ward or municipality as follows:

9.01(1)(b)1.
1. The board of canvassers shall first compare the poll lists and determine the number of voting electors.

9.01(1)(b)2.
2. The board of canvassers shall then examine the absentee ballot envelopes. Any defective absentee ballot envelopes shall be laid aside, properly marked and carefully preserved. The number of voters shall be reduced by the number of ballot envelopes set aside under this subdivision. An absentee ballot envelope is defective only if it is not witnessed or if it is not signed by the voter or if the certificate accompanying an absentee ballot that the voter received by facsimile transmission or electronic mail is missing.

9.01(1)(b)3.
3. The board of canvassers shall then examine the container or bag containing the ballots to be certain it has not been tampered with, opened, or opened and resealed. Any irregularities or possible tampering with the container or bag shall be noted.

9.01(1)(b)4.
4.

9.01(1)(b)4.a.
a. When the container or bag has been checked, it shall be opened and the contents removed. The board of canvassers shall, without examination other than what is necessary to determine that each is a single ballot, count the number of ballots in the container or bag, excluding ballots removed under s. 7.51 (2) (e).

9.01(1)(b)4.b.
b. The board of canvassers shall then, for each opened absentee ballot envelope that was laid aside as defective under subd. 2., without inspection, randomly draw one absentee ballot from the container or bag. In differentiating absentee ballots from other ballots, the board of canvassers shall presume that a ballot initialed only by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary is an absentee ballot. If there are more defective absentee ballot envelopes than there are probable absentee ballots, all of the probable absentee ballots shall be removed from the container or bag. Additional ballots shall be removed only if the number of remaining ballots still exceeds the number of voting electors recorded under subd. 1., reduced by the number of defective envelopes set aside under subd. 2. All ballots removed shall not be counted, but shall be marked as to the reason for their removal, set aside and carefully preserved.

9.01(1)(b)4.c.
c. If, after completing the steps set forth in subd. 4. b., the number of ballots still exceeds the number of voters, the board of canvassers shall place all ballots face up to check for blank ballots. Any blank ballots shall be so marked, set aside and carefully preserved.

9.01(1)(b)4.d.
d. If, after completing the steps set forth in subd. 4. c., the number of ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2., the board of canvassers shall place all ballots face down to check the initials. Any ballot not properly initialed by 2 inspectors or any absentee ballot not properly initialed by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary shall be temporarily set aside and the board of canvassers shall, without inspection, randomly draw from these ballots as many as are necessary to reduce the number of ballots to equal the number of voters. Any ballots removed for lack of initials shall not be counted but shall be marked, set aside and carefully preserved.

9.01(1)(b)4.e.
e. If, after completing the steps set forth in subd. 4. d., the number of ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2., the remaining ballots shall be returned to the container or bag and the board of canvassers shall draw a number of ballots equal to the excess number of ballots by chance and without inspection from the container or bag. These ballots shall not be counted but shall be marked as having been removed by the canvassers on recount due to an excess number of ballots, set aside and carefully preserved.

9.01(1)(b)5.
5. When the number of ballots and voters agree, or after noting that the number of voters exceeds the number of ballots, the board of canvassers shall return all ballots to be counted to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The recount shall then begin.

9.01(1)(b)5m.
5m. Except as otherwise provided in this section, the recount shall be conducted in accordance with s. 7.51.

9.01(1)(b)6.
6. In recounting the votes cast on a voting machine in which the record of the votes cast is contained in the machine, the board of canvassers shall make a record of the number of the seal, if any, the number of the protective counter or other device, if one is provided, and shall open the recording compartment of the machine, and without unlocking the machine against voting, shall recount the votes thereon. If the machine is an electronic voting machine utilizing a detachable record of votes cast, the record shall be retabulated under s. 5.90.

9.01(1)(b)7.
7. When a machine is recounted, the board of canvassers shall proceed to inspect and examine the machine showing the votes cast for each office or referendum specified in the petition, and shall make a record of the votes for that office or referendum as shown on that voting machine, which they shall certify as correct, in the presence of at least one witness.

9.01(1)(b)8.
8. If upon the recount it is found that the original canvass of the returns has been correctly made from a voting machine and that a discrepancy still remains unaccounted for, the board of canvassers shall publicly unlock the voting and counting mechanism of the machine, and shall proceed to examine and test the machine to determine the cause of the discrepancy in returns from the machine. A similar test shall be performed for electronic voting machines to ascertain whether there is any malfunction in the machine. After the completion of the examination and test, the board of canvassers shall prepare a statement giving the results of the examination and test. The statement shall be witnessed by at least one witness.

9.01(1)(b)8m.
8m. Where a voting machine or electronic voting system is used, and an error in the vote total as shown on the machine or record of votes cast is clearly apparent, the board of canvassers may change the vote total as shown by the machine or system and certify or use a different total to certify a different result than is indicated by the machine or system if there is evidence of a specific malfunction in the machine or system, if the malfunction could reasonably have caused the error, and if clear and convincing evidence exists which indicates the exact actual total number of votes cast. The burden of demonstrating that a vote total shown on a machine or record of votes cast is incorrect rests with the party seeking to change the recorded result on the basis of clear and convincing evidence.

9.01(1)(b)8s.
8s. If an electronic voting system is used in which ballots are distributed to electors, and the board of canvassers makes a determination of elector intent under s. 7.50, the board of canvassers shall add to the result generated by the automatic tabulating equipment any votes counted by the board of canvassers in making its determination.

9.01(1)(b)9.
9. If upon the recount it appears that the original canvass of the returns by the election officials was incorrect, the statements and determinations of the board of canvassers shall be corrected accordingly.

9.01(1)(b)10.
10. Recounts at polling places utilizing an electronic voting system in which ballots are distributed to electors shall be performed in accordance with the procedure for recounting paper ballots insofar as applicable, except as provided in s. 5.90. Recounts at polling places utilizing electronic voting machines shall be performed in accordance with the procedure for recounting votes cast on mechanical voting machines, insofar as applicable, except as provided in s. 5.90.

9.01(1)(b)11.
11. All steps of the recount shall be performed publicly. Except as provided in subd. 12., all materials and ballots may be viewed and identified by the candidates, the person demanding the recount and their authorized representatives and counsel, but only members of the board of canvassers and tabulators assisting them may touch any of the materials or ballots. The candidates, the person demanding the recount and their authorized representatives and counsel may object to the counting of any ballot. Any errors shall be corrected.

9.01(1)(b)12.
12. Except as authorized in s. 6.47 (8), the board of canvassers shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the recanvass.

9.01(2)
(2) Notice to candidates. When the recount concerns an election for an office, the clerk or body with whom the petition is filed shall promptly prepare a copy of the petition for delivery to each opposing candidate for the same office whose name appears on the ballot. In a recount proceeding for a partisan primary, the clerk or body shall prepare a copy of the petition for delivery to each opposing candidate for the same party nomination for the same office, to each opposing candidate for the party nomination of each other party for the same office and to each independent candidate qualifying to have his or her name placed on the ballot for the succeeding election. A candidate or agent designated by a candidate may personally accept delivery of a copy of the petition. Upon such delivery, the clerk or body shall require the candidate or agent to sign a receipt therefor. If a candidate or agent does not personally accept delivery, the clerk or body shall then promptly deliver the copies of the petition to the sheriff, who shall promptly deliver the copies of the petition to each candidate at the address given on the candidate's nomination papers, without fee, in the manner provided for service of a summons in civil actions.

9.01(3)
(3) Representation and observation. The petitioner, all opposing candidates and interested persons shall be entitled to be present in person and by counsel to observe the proceedings.

9.01(4)
(4) Right to complete recount. Whenever a recount petition for part of the wards within a jurisdiction or district, or for part of the municipalities within a district where there are no wards, is filed under this section, the opposing candidate, or any voter or other interested party including a municipality if on a referendum question, may similarly file a petition for recount in any or all of the remaining wards or municipalities in the jurisdiction or district. The petition shall be filed not later than 5 p.m. 2 days after the board of canvassers completes the first recount. The proper board of canvassers shall reconvene at 9 a.m. on the next business day following the filing of the petition and proceed to recount the ballots in all wards or municipalities specified and to otherwise review the allegations of fact contained in the petition. Any errors shall be corrected.

9.01(5)
(5) Oaths; minutes; witness fees; tabulators; timing; publication.

9.01(5)(a)
(a) The board of canvassers or the chairperson of the board or the chairperson's designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson or designee. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the chairperson or chairperson's designee receives exhibits from any party, the board of canvassers or the chairperson or designee shall number and preserve the exhibits. The board of canvassers or the chairperson or chairperson's designee shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson or chairperson's designee may administer oaths, certify official acts and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board or chairperson's designee, witness fees shall be paid by the board.

9.01(5)(b)
(b) The board of canvassers conducting a recount may select and employ tabulators to assist it in its duties. Tabulators shall perform their duties under the direction of the board of canvassers. Only the members of the board of canvassers are competent to make any determination as to the validity of any vote tabulated. Compensation of tabulators shall be determined under s. 7.03.

9.01(5)(bm)
(bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the board one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the county committee of that political party.

9.01(5)(c)
(c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the chairperson of the board or the chairperson's designee, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the chairperson of the board or designee. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the chairperson of the board or the chairperson's designee receives such results, the chairperson or designee shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the chairperson of the board or designee may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

9.01(5)(d)
(d) Whenever publication of an original determination is required, the county or municipal clerk shall publish the recount determination in the same manner.

9.01(6)
(6) Appeal to circuit court.

9.01(6)(a)
(a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the chairperson of the board or the chairperson's designee whenever a determination is made by the chairperson or designee, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the chairperson of the board or the chairperson's designee. The appellant shall also serve notice on the board if the chairperson of the board or the chairperson's designee is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

9.01(6)(b)
(b) If an appeal is filed from a recount determination in an election which is held in more than one judicial circuit, the chief judge of the judicial administrative district in which the election is held shall consolidate all appeals relating to that election and appoint a circuit judge, who shall be a reserve judge if available, to hear the appeal. If the election is held in more than one judicial administrative district, the chief justice of the supreme court shall make the appointment.

9.01(7)
(7) Court procedures.

9.01(7)(a)
(a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county or municipal clerk or board to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county or municipal clerk or board and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

9.01(7)(b)
(b) The appeal shall be heard by a judge without a jury. Promptly following the filing of an appeal, the court shall hold a scheduling conference for the purpose of adopting procedures that will permit the court to determine the matter as expeditiously as possible. Within the time ordered by the court, the appellant shall file a complaint enumerating with specificity every alleged irregularity, defect, mistake or fraud committed during the recount. The appellant shall file a copy of the complaint with each person who is entitled to receive a copy of the order under par. (a). Within the time ordered by the court, the other parties to the appeal shall file an answer. Within the time ordered by the court, the parties to the appeal shall provide the court with any other information ordered by the court. At the time and place ordered by the court, the matter shall be summarily heard and determined and costs shall be taxed as in other civil actions. Those provisions of chs. 801 to 806 which are inconsistent with a prompt and expeditious hearing do not apply to appeals under this section.

9.01(8)
(8) Scope of review.

9.01(8)(a)
(a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the chairperson of the board or chairperson's designee, it shall affirm the determination.

9.01(8)(b)
(b) The court shall separately treat disputed issues of procedure, interpretations of law, and findings of fact.

9.01(8)(c)
(c) The court may not receive evidence not offered to the board of canvassers or the chairperson or chairperson's designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

9.01(8)(d)
(d) The court shall set aside or modify the determination of the board of canvassers or the chairperson of the board or chairperson's designee if it finds that the board of canvassers or the chairperson or chairperson's designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the chairperson or chairperson's designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

9.01(9)
(9) Appeal to court of appeals.

9.01(9)(a)
(a) Within 30 days after entry of the order of the circuit court, a party aggrieved by the order may appeal to the court of appeals.

9.01(9)(b)
(b) If an appeal is filed in respect to an election which is held in more than one court of appeals district, the chief justice of the supreme court shall consolidate all appeals relating to that election and designate one district to hear the appeal, except that if an appeal is filed in respect to an election for statewide office or a statewide referendum, the appeal shall be heard by the 4th district court of appeals.

9.01(9)(c)
(c) The court of appeals shall give precedence to the appeal over other matters not accorded similar precedence by law.

9.01(10)
(10) Standard forms and methods. The government accountability board shall prescribe standard forms and procedures for the making of recounts under this section. The procedures prescribed by the government accountability board shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the government accountability board staff prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

9.01(11)
(11) Exclusive remedy. This section constitutes the exclusive judicial remedy for testing the right to hold an elective office as the result of an alleged irregularity, defect or mistake committed during the voting or canvassing process.


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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 03:50 PM
Response to Reply #45
49. IOW a case would have to be made that there's a probability of an error in the "canvassing process".
I don't know that it would be a hard case to make.

Of course, Kathy Nickolaus said everything *cough* worked out in the end...

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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-09-11 10:09 AM
Response to Reply #42
53. Here, listen to this.
http://www.wpr.org/wcast/download-mp3-request.cfm?mp3file=bme110407l.mp3&iNoteID=96721

It's Kevin Kennedy, Director of GAB on Ben Meren's show on WPR on Thursday about an hour before the press conference. The entire program is about this race. They talk about the Brookfield votes. It's an interesting program and will clear up a lot of misinformation being spread.

One interesting conversation of note starting around 17:00:

Kennedy: "When we do the re-count every ballot gets looked at by a human being and ballots that wouldn't have been read by the machine will be decided by the Board of Canvass"

Merens: "So the canvass is counting of the official tape and the recount is a look at all the ballots that make up that tape?"

Kennedy: "That's correct"
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:12 PM
Response to Reply #29
35. That IS what they do with the Optical Scan ballots
please see my post #10. There is a link to the Wisconsin Recount Manual
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GOTV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 11:54 AM
Response to Reply #16
20. But I suspect, if the machines were hacked, there would have been no need ...
... to do the whole "I just found a bunch of extra votes" trick which just looks suspicious.

If you can hack the machines to give the results you want, you just do it and just report the results as inconspicuously as anyone else.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:05 PM
Response to Reply #20
25. I addressed this last night...
You see, 90% of WI uses optical scan ballots COUNTED BY MACHINE. The documented hack for optical scan ballots is a preload system where the scanner miscounts the ballots by a predetermined margin. The problem with this hack is that if there's an unexpected HUGE turnout (which there was) then the preload may not be enough. In that case, not only could the "hackers" lose, but they would leave behind evidence of their attempt to cheat in the form of the paper ballots.

The worst possible scenario (from the standpoint of the cheaters) happened: there was to be a recount. So, at the last second, enough votes were found to swing the election AND STOP THE RECOUNT. Riiiight....


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x838654
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GOTV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:10 PM
Response to Reply #25
31. But they didn't use that hack because the initial results OVER reported for the challenger ...
... and still, the only way to avoid speculation and the possible hand count it would cause, is to not call attention to yourself by coming forward later to announce problems.

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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:13 PM
Response to Reply #31
36. In a preload system, you have to guess how many votes to steal ahead of time...
I'm saying they guessed wrong.
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:18 PM
Response to Reply #36
39. Ding ding ding! -nt
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GOTV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:20 PM
Response to Reply #36
40. They didn't just steal the wrong amount though. Didn't they steal from the wrong side?
If I understand the technique you described, you hack the machine to undercount the candidate you want to lose.

If there's a huge turnout you might not have undercounted enough.

Now, the current numbers, with the incumbent leading might be accurate or not. If they are accurate that means the machines were undercounting the guy they wanted to win.

If the number is inaccurate now, well they look very suspicious and their hacking will be revealed and they lose. It would be better to lose that to lose AND go to jail.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:23 PM
Response to Reply #40
41. Hursti Hack
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 10:27 PM
Response to Reply #16
51. STILL IS
WAKE UP people
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:08 PM
Response to Original message
28. Here is a valuable resource to bookmark, all voting machines in the USA
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 12:16 PM
Response to Reply #28
38. Great Link!
thanks
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LetTimmySmoke Donating Member (970 posts) Send PM | Profile | Ignore Fri Apr-08-11 02:05 PM
Response to Original message
48. They vote by the "rabbit out of hat" method.
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