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Judge rejects request to force Wisconsin recount by hand
WBAY.com ^ | November 29, 2016

Posted on 11/29/2016 7:05:23 PM PST by SamAdams76

MADISON, Wis. (WBAY) – A Dane County judge has knocked down Jill Stein’s request to conduct Wisconsin’s recount exclusively by hand to rule out any electronic tampering with the results.

Judge Valerie Bailey-Rihn said Stein’s experts couldn’t present “clear and convincing evidence” that Wisconsin voting equipment was compromised, only that it was possible.

“A hand recount is the gold standard, it’s the best we can do. I don’t think there’s any dispute to that,” the judge said, and she noted there’s no difference in cost to taxpayers since the campaign pays for it. “However, it’s not the court’s decision to decide the best way… I have to do what the law tells me to do.”

The ruling came four hours after the hearing began, and after the judge took a brief recess around 8 p.m.

Stein says there were “statistical anomalies” in results where voters used electronic voting machines. Attorneys for her campaign called several witnesses to support their claim that hackers might have launched a cyber attack or planted malicious software that changed the outcome of the race.

A University of Michigan professor who’s an expert on cyber security testified that it’s possible and that the Wisconsin Elections Commission doesn’t have enough protocols in place to prevent hacking.

The elections commission has said there’s no evidence of hacking or voter fraud, and that a hand recount would take a long time and a lot of people to do it.

“I will allow the 19 counties to do the recount the way they intended. I think everyone strongly encourages them to do the recount by hand, but it is their decision,” Bailey-Rihn said.

Stein’s Green Party wired the state nearly $3.5 million Tuesday afternoon before the 4:30 p.m. deadline to begin the Wisconsin recount.

The Wisconsin Elections Commission (WEC) denied her request for a hand count, saying state law gives clerks the power to decide how to recount the ballots — especially in light of the number of votes that need to be counted before the federal deadline of December 13. Stein’s campaign responded with a civil lawsuit to seek a court order.

Tuesday afternoon the WEC confirmed it made a calculation error when it added up the estimates from county clerks on how much the recount would cost in their county. The elections commission should have quoted $3.9 million — it was off by $400,000.

The WEC says regardless of its mistake, Stein will have to pay whatever the total cost is. For now the campaign was only required to pay the $3.5 million that was quoted.

If the actually cost comes in higher, her campaign will have to pay the difference; if the cost comes in lower, the campaign will be refunded the difference.

Until the counties have actual costs, not estimates, the state will hold all of the money. That’s causing some concern for Fond du Lac County Clerk Lisa Freiberg, who says the county will likely spend $30,000 on the recount.

While state statute says the county will be reimbursed, there’s no timeline for the county to get its money.

“My election canvassers and board of canvass will expect payment, of course, and I’m expecting that money will be spent out before it’s coming back in,” Freiberg said.

“It’s laid out in statutes. I don’t know the exact timeline when it will happen, but they’ll have to actually submit costs to us and we will pay them as soon as we can,” the WEC’s Reid Magney said.

That means the money will come out of the county’s budget, which is paid for by taxpayers, until the reimbursement is received.

Republican Party of Wisconsin Executive Director Mark Morgan issued a statement Tuesday night on the recount:

Republican Party of Wisconsin Executive Director Mark Morgan released the following statement:

"This recount is nothing more than one final, desperate attempt by Wisconsin Democrats to change the outcome of the election. There is no justification for a recount and this is precisely the kind of underhanded political tactics that the voters of Wisconsin rejected on November 8th. While Hillary Clinton and her liberal allies are focused on undoing the will of the voters, we remain committed to protecting the integrity of the election process here in Wisconsin.”

The Green Party was also raising money for recounts in Michigan and Pennsylvania.

A hearing is scheduled in Pennsylvania on December 5 on Stein’s request for a court order to force a recount.


TOPICS:
KEYWORDS: 2016recount; election; judge; recount; stein; wisconsin

1 posted on 11/29/2016 7:05:23 PM PST by SamAdams76
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To: SamAdams76
This ruling should alleviate concerns that a "hand-count" will not be done in time for the Dec 19th Electoral College vote.

I would be very surprised if the re-count had more than a +/- 1,000 vote difference. Trump currently leads by more than 22,000 votes.

A big waste of time for all.

2 posted on 11/29/2016 7:07:39 PM PST by SamAdams76
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To: SamAdams76

The hyphenated judge made it clear that she wanted to order a hand recount, but the law won’t allow it.


3 posted on 11/29/2016 7:09:25 PM PST by Moonman62 (Make America Great Again!)
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To: SamAdams76

Stein has no standing.


4 posted on 11/29/2016 7:12:48 PM PST by Extremely Extreme Extremist (Democracy is the backup QB to a dictatorship)
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To: Moonman62

I think it was a CYA statement.

I don’t blame her either, considering the trail of bodies that follows those who cross the Clintons.

It’s her best defense, really. It’s impartial and factual and not in any danger of being overturned or of serious challenge for some impropriety.

She basically prevented further action on it.


5 posted on 11/29/2016 7:16:38 PM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: Extremely Extreme Extremist
Jill Stein's name makes me think of this song

Tear in My Beer

6 posted on 11/29/2016 7:19:49 PM PST by Fai Mao (PIAPS for Prison 2016)
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>> A University of Michigan professor who’s an expert on cyber security testified that it’s possible

And it’s possible the professor is a liar.


7 posted on 11/29/2016 7:20:34 PM PST by Gene Eric (Don't be a statist!)
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To: SamAdams76

Donald Trump Singing All I Do Is Win by DJ Khaled https://www.youtube.com/watch?v=jgda5GGExNs


8 posted on 11/29/2016 7:20:56 PM PST by drewh
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To: SamAdams76

True and I expected the judge to rule this way on this. It sets a precedent on following the law. This is a bad omen for Stein in both MI and PA where she will likely be denied a recount. Her suits are frivolous and suspicious.


9 posted on 11/29/2016 7:21:43 PM PST by DarthVader ("These lying tyrants are about to get hit with a tsunami of destruction on their evil reign." Gaffer)
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To: SamAdams76

As expected an ESAD leftist morons. duh.


10 posted on 11/29/2016 7:26:25 PM PST by soycd
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To: SamAdams76

Not to mention a big waste of $3.5 million. Greens could have used it to help the environment (LOL). Instead they just threw away rich Californian snowflake’s money (LOL again).


11 posted on 11/29/2016 7:28:18 PM PST by Scott from the Left Coast ("Now it's up to the American people to deliver justice")
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To: Moonman62

The reason they went to Dane County. You will remember all the recall and prosecutor “John Doe” secret warrants were all shopped through judges in that county. Judge would have loved to order hand counts but would have been overruled ASAP by state SC.


12 posted on 11/29/2016 7:28:58 PM PST by RetiredTexasVet (The Mofia is a private crime family; whereas, the DOJ is the gov't's political crime family.)
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To: Gene Eric

But is it probable?


13 posted on 11/29/2016 7:29:49 PM PST by Gamecock (Gun owner. Christian. Pro-American. Pro Law and Order. I am in the basket of deplorables.)
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To: SamAdams76

Hopefully she loses the millions. No refunds.


14 posted on 11/29/2016 7:30:34 PM PST by deadrock (I is someone else.)
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