Posted on 11/29/2016 6:49:51 PM PST by drewh
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 there 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.
This destroys the scheme.
Not sure. I am trying to get info from WI speaker of the house . I think, if there is a hold up, they have the ability to hold a special session and award the electors.
GOP controls WI legislature.
I wouldn’t be surprised to see the Governors of WI and MI introduce new legislation next year to their majority GOP legislatures changing their recount laws.
Common sense things like only those who got over 20% of the vote can request a recount to keep 1% candidates like Stein from potentially turning things upside downs. Also give the elections officer authority to turn down a recount request if they believe it is frivolous,etc.
Also limiting all requested recounts be machine recounts only - no hand counts unless the difference is under 1,000 votes of major shifts in vote totals after the machine recount.
Also the state elections officer is charged with having the cost estimate ready pre-election. for a statewide recount should someone qualified request one and requiring payment for the recount be subimitted along with the recount petition (recount petition to be rejected if no payment received with petition.
Well, I could sure use some money.
:D
Hooray!
I’d imagine each state will come up with varied ideas, but I’d like to see some core goals met.
It has to be a person who might actually win vs someone who just demands stuff out of the blue who could never win.
This situation is absurd, and I think you’re right. I wouldn’t be surprised at all to see some changes.
I agree with your thoughts.
“Trump looks very confident and comfortable in that photo. Romney looks like he’s getting clobbered.”
that’s exactly what I thought too. romney looks like someone just told him his dog got run over, but he had to TRY to smile because it was actually the President who told him and photographers were present to record the moment.
Thanks
Which, even if true, would merely bring us back to “Elections have consequences”
Just because it “isn’t connected to the internet” doesn’t mean it can’t be hacked. If you believe that; I have a DVD, a CD and a USB drive for you.
Not only that, but when results get sent into the GEMS system they can be tampered with there as well.
There are a ton of avenues for nefarious action along the chain.
Regardless, Stein is a kook as is anyone that associates with her, or advocates for her.
It’s claimed the recount must be done by 8:00 pm, on Dec. 12...But what if it isn’t???
I was specific. There is nothing that supposed russian hackers could hack into using the internet. None of the voting system has any internet component for any remote hacker, as stein alluded to, to hack into.
Nothing.
Is this the final knock out punch to Stein’s walk down the Santa Monica Pier?
“Soros just wants to stall long enough that the election is forced to be decided by Congress instead of the electoral college,”
That is simply nonsense! There is no way that the EC doesn’t perform it’s Constitutional Duty and “Elect” Donald J. Trump. My bet is that at the end of the day, these three states will certify their electors and all 306 who are pledged to Trump cast their votes for him.
“No, not everyone. The judge sounds like a partisan, who’d love to order what the crazy Stein wants, but she probably figures that she’d get slapped down hard on appeal.”
Never trust anyone with a hyphenated last name! Particularly if they are a judge!
While the “judge” just had to throw her own two cents into the mix, it’s encouraging she didn’t try to overreach - presence of Trump’s legal team may have had an effect.....(that’s for those who think Trump’s been sitting on his thumbs during all this crap).
That Looserman mess was just plain embarrassing.
Stein's team has the same "evidence" to present in MI and PA. We have one Judges opinion now on the veracity of the the evidence.
This case also shows the risks we face.
“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 Judge wants to rule for a hand recount, but the law will not allow her to. In short, a liberal Judge in all likelihood. I would also suggest a machine recount is a WHOLE LOT more reliable than a hand recount.
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