Prosser – Back to the Future

If you want to understand today, you have to search yesterday.

~Pearl Buck

When we look at yesterday, in the case of David Prosser, we discover many of the same characters, cross-connections, and similarities afoot in keeping a lid on events of today.

Prosser’s credibility as a Chief Justice was questionable long before his most recent display of violence.

The man pictured right is Scott Jensen – Waukesha. He followed Prosser as Assembly Speaker in 2006
On March 11, 2006 — Jurors found Jensen guilty of three felony counts of misconduct in office and a misdemeanor count of using his public position to benefit the Republican Assembly Campaign Committee.

Prosser admitted to performing the same activities for which Jensen was indicted
The Wisconsin State Journal reported in March 2003 that Prosser, like Jensen, presided over a system in which Assembly Republican Caucus (ARC) staffers worked on campaigns during state time and from their taxpayer-funded offices.

Prosser, who preceded Jensen as Assembly speaker, would testify that while he was a top leader, legislative caucus workers attended campaign meetings at the Capitol, recruited political candidates, gathered voter lists and set up, attended and staffed fundraisers, according to the brief.

Prosser avoided indictment even though he testified to beaching the same ethical boundaries for which his successor, Jensen, was convicted.

Guess who worked for Prosser while he was gathering voter lists, and attending fund raisers? The Clerk of Waukesha County – Kathy Nickolaus.

In 2002, republican lawmakers Steven Foti, Scott Jensen and Bonnie Ladwig and aide Sherry Schultz were criminally charged and later convicted in connection to using state resources to run political campaigns. Kathy Nickolaus was an employee of the assembly republican caucus (ARC), one of four state-funded policy-support divisions where illegal campaign work took place.

Nickolaus received immunity from prosecution in the corruption case in exchange for her testimony.

What duties did Kathy Nickolaus perform in her days with the ARC?

Her performance while working for ARC was the subject of questions in 2002 case,

Criminal complaints made reference to problems with the information technology work of Kathy Nickolaus. A criminal complaint in the case states campaign finance reports were assembled using a computer program while employees were on-the-clock for the state. The complaint states one employee “…expressed frustration with a program that ARC employee Kathy Nickolaus had created.” The complaint also states dissatisfaction with Nickolaus was more widespread: “…legislators were then using a prior existing, but ineffective, campaign finance report software program created by Kathy Nickolaus.”

Kathy Nickolaus was responsible for “creating software” when she worked for Prosser and the ARC.

Some of this information came to surface after Nickolaus’s announcement that she “found” 14000 votes in the City of Brookfield two days after the election. We also learned that Nickolaus kept the vote tabulation on her personal lap top computer.

When Nickolaus began talking about her “human error” of not having saved the votes, she began talking about software. A County Clerk in Rusk County sent out an email saying that the software Kathy Nickolaus was using, was not the same as the software template used by all the other County Clerks across the State of Wisconsin.

The Demand for an Investigation Falls to Kevin Kennedy and the GAB

The Government Accountability Board was asked back in April, about the “special software” Kathy Nickolaus was using to tabulate the Waukesha County vote.

No answer was ever given by the GAB.

GAB Director Kevin Kennedy said the agency’s investigation of spring election procedures in Waukesha County remains ongoing, but that the final canvass numbers in the city of Brookfield match the initial tallies from poll workers on Election Night.

More recently the GAB made another announcement that they could not say anything about any Waukesha investigation since Kloppenburg filed a formal complaint sealing any and all information under confidentiality statutes in the law of Wisconsin.

How does Kennedy’s response reflect the “Back to the Future” theme?

Back in the 2002 Caucus Scandal Kennedy was accused of the same sort of non-action. When he was given the information about illegal campaign activity at taxpayers expense, Kennedy decided not to investigate.

Kennedy was criticized publicly, “It’s like a police officer witnessing a crime being committed and refusing to do anything unless somebody complains.”

But Elections Board Executive Director Kevin Kennedy said the criticism was misplaced.

“This isn’t like a policeman observing a crime because we weren’t in the caucus offices when the allegations happened,” Kennedy said.

The bipartisan board, which is made up of appointees nominated by the legislative leaders, the governor and the state Supreme Court, learned long ago to carefully evaluate allegations of wrongdoing to screen out bogus claims by politically motivated complainants, he said.

Kennedy said his staff would evaluate the complaint and decide later whether to pursue an enforcement action. The activities “certainly raise some questions that merit looking into and might be the grounds for a complaint.”

In other words his approach to the caucus scandal was the very same as his approach to the Waukesha Investigation.

The lid was finally blown off the illegal campaign activity under the dome in the Sunday, Wisconsin State Journal by Dee Hall.
You can review a Timeline: Events In The Capitol Corruption Scandal hr

The threads from the past that remain twisted in deceit come back to haunt.
Are the pressures of keeping a lid on a heating kettle of fraud too much for Prosser to handle?

What are the reasons Kevin Kennedy and the GAB failed to investigate the caucus scandal and the Kathy Nickolaus/Waukesha vote count?

Why have the questions about Kathy Nickolaus’s special software never been answered?

Could the software Nickolaus used in the past caucus scandal be related to the software she used to tabulate the Spring Waukesha vote count?

The past speaks loudly …no, it is screaming.

Michelle, We got ourselves a BULLY

This is NOT what is meant by a “bully pulpit”.

Wisconsin has the very poorest of examples of civility on its Supreme Court. Prosser has demonstrated his violent, bullying tendencies before the Spring Election. He “found” the votes with a little help from Waukesha County Clerk Kathy Nickolaus. She obviously could not find him the strength of character that would allow him to be a Justice of Wisconsin’s Supreme Court.

President Barack Obama and First Lady Michelle have used social network Facebook to host a video to promote the White House’s Conference on Bullying Prevention.

President Obama opens the video by saying “I’m not here to ask you to accept my friend request”, and goes on to say that modern bullying is an issue that “makes headlines every day”, and which follows children “from their schools to their phone and computer screen”.

His wife Michelle says that the event is important to the couple because “because we care about it as parents”, as well as in their official capacities.

As one bully to another – Scott Walker says on


Walker said Monday that regardless of your political beliefs, “there’s got to be confidence that the people on the court can rationally discuss and debate” issues.

Is that what you and Prosser discussed during the meeting in your office on the day after the Supreme Court Election?

You know, just before you suggested that “ballets out of the blue” might be found?

You remember. Just hours before Kathy Nickolaus actually “found ballets out of the blue” in the City of Brookfield in Waukesha County.

You know. The very county Prosser retreated to to find out “what the hell was going on?”

Oh, and of course the very same County where the poll tape dated March 30 was found and counted for the April 5 election?

You might remember it as the same county where all the ripped, slit and duct tapped vote bags were found?

Is confidence in the Court of less or equal importance than confidence in the Election?

Time for you both to come clean?

Just wondering…

Latest news on incident 2:44 p.m. June 27

Investigation #1

Today, at the request of the Wisconsin Capital Police Department, the Dane County Sheriff’s Office opened an investigation into the June 13th incident involving an alleged altercation at the offices of the Wisconsin Supreme Court.

The Dane County Sheriff’s Office recognizes the significance and sensitive nature of this investigation. Beginning today, detectives will work diligently to conduct a thorough and timely investigation. Because this case is in the very early stages, no further information is available at this time.

Investigation #2

The Wisconsin Judicial Commission confirms that it received information
concerning an incident that occurred at the Wisconsin Supreme Court. The Commission
authorized an investigation of the incident at its meeting on Friday, June 24, 2011

What do we tell our children?

If anyone were to physically attack another person in your work place, would you keep your job?

If a child physically attacks another at school or on the playground, would they expect to be suspended?

David Prosser has lost any hope of respect and credibility as one who would apply the laws of Wisconsin. He must resign. If he will not resign, he must be impeached or addressed by the legislature. If the legislature fails to unseat him, it is up to the voters to recall him.

For the sake of our kids.</h3

Prosser Domino 1 – Who is next?

Front to back Prosser, Walker, Kathy Nickolaus, Fitzgerald, Kevin Kennedy, Van Hollen, Darling

Call it Kharma, Divine Intervention, or Yin Yang, but there is a balance of truth over deceit.

It is the driving force in the plots of countless stories, books, films and in our own experience of life. We in Wisconsin have been waiting for some point of transition or shift in this balance to manifest itself. I don’t know how many times I have heard or read words like, “You can’t make this up.” or “Is there no shame?”, in desperate reaction to the unethical and manipulative maneuverings of the supporters and followers of Governor Scott Walker. Since February we hoped and prayed for a break in the political storm so we could dig out of the pallor that has covered the Wisconsin we know and love. Then finally, it came.

As is the case with most “straw that broke the camel’s back” moments, it came from a place you might least expect and in a manner few would predict. If the author of a court suspense novel where to introduce a character who is a justice in the highest court and who would attack and choke a fellow justice in her chambers, an editor would suggest a rewrite. It would seem a manipulative plot twist that the reader would never swallow and the editor would suggest, “Take it out”.

But it happened.

The story of JusticeProsser’s physical, and angry attack on a Justice Bradley broke yesterday. Prosser responded with statements that carried the rhythm of broken bat on a full count fly ball. First he said, “No comment.” then late last night he suggested the incident was a defensive one and he would be exonerated.

Then came the high fly ball catch, with 2 out, and in bottom of the ninth.

Justice Bradley Speaks out

Madison Wisconsin — Justice Ann Walsh Bradley came forth with a statement late Saturday saying that fellow Justice David Prosser choked her and refuting claims that she attacked him first.

“The facts are that I was demanding that he get out of my office and he put his hands around my neck in anger in a choke-hold,” she said. “Those are the facts and you can try to spin those facts and try to make it sound like I ran up to him and threw my neck into his hands, but that’s only spin.

“Matters of abusive behavior in the workplace aren’t resolved by competing press releases,” she said.

“I’m confident the appropriate authorities will conduct a thorough investigation of this incident involving abusive behavior in the workplace.”
Read the full article in Poliscoop

Walker GOP Out of Control

Many writers suggest that the GOP is coming apart at the seams; not surprising considering the cloth they chose to cut their banner for a “Balanced Budget” and “Open for Business” is stitched together with the stuff that is breaking the backs of Wisconsin families. The strangle image of Prosser’s attack on Justice Bradley is somewhat ironic. It echos the very pressure Walker has applied to working families, teachers, and all of Wisconsin. The image of strangulation fits the fear and frustration the people of Wisconsin have been experiencing since February. Only some higher force or power could have created the coincidence of it’s manifestation in the hands of Prosser.

The Truth Will Out

No doubt his hand in Waukesha “found votes” episode has taken a toll. The truth will out. We can only hope this opening of the true character of the man will spill into a full explanation of why he went of Delafield in Waukesha County when he was losing the election. What was the subject of his meeting with Walker about? What was the true nature his relationship with his former employee Kathy Nickolaus?


-both from Shakespeare’s The Merchant of Venice, Act 2, scene 2-are based on proverbs dating from at least the eleventh century.

A Plea to GOP Supporters. Is this what you want?

Democracy is about disagreement, and boy, do we love to disagree. Democracy is the imperfect but “best yet” system we honor to iron out our disagreements by joining in a pact to follow the rules of political engagement; the Constitution, State Statutes, and Rules of the legislature. Our respect and allegiance to following these rules reflects our ethics and our integrity. Our ethic is what holds the whole democracy ball together.

This system we honor allows for a seemingly

What do these men have in common?

endless opportunity to initiate, argue, and communicate our political stance through elections, legislative efforts, and following the rules of political engagement. We can form parties, offer candidates for election, offer bills for legislative consideration, lobby, demonstrate, and on and on. We can engage in a myriad of activities to express and legislate our convictions.

All of this activity of democracy rides upon a single track. We agree to follow the rules of engagement. No matter how strongly we feel about any issue, political gain, or legislative action – we agree to stay within the rules of engagement.

Off the Track?

This is what has changed. The strength of the convictions of a Governor and Legislators has moved off the track of following the rules of engagement. A new majority has, I fear, become drunk with new found power and allowed their strength of purpose to promulgate activities to manipulate, bend, or ignore the rules so they can do what is best for Wisconsin.

Do you see the danger in this departure of tactics? When our passions move us to bend the rules, we have won the battle and lost the war. Once ethics, integrity, and honor are subjugated, any new path for Wisconsin has lost its legs. Any, conservative or liberal agenda that is passed through manipulation, bending, and ignoring the rules of democratic engagement has lost the race out of the gate. Oh, your followers will laud your accomplishment until the inevitable day when they learn how you went outside the rules and were using steroids. In the end, any new agenda or vision for Wisconsin will leave its citizens sitting in the same chair and rubbing their heads like so many investors in the “rules be damned”, Bernie Maddoff scheme.

Blind to a political Ponzi Scheme?

Did you know that Bernie was nearly found out years before he was finally arrested? His scheme would have been exposed years earlier if his supporters, and those tied to his success would have looked beyond the dollar signs blinding their vision.

Look around you. This is the point we have come to in Wisconsin Politics. Are we willing to look beyond the goals of our efforts to discover how a rule bending, political ponzi scheme cannot reap the vision of a new “balanced budget” or “Open for Business”, in Wisconsin; but only the devastation where well meaning people will be left ringing their hands, searching for ethics in hind sight.

Here are the two most recent examples of unethical rule bending and behavior that suggest the “rules be damned” principals of a political ponzi scheme.

Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck in an argument in her chambers last week, according to several knowledgeable sources.

Read Bill Leuder’s article

Given that Walker has all but given up on the idea that the richest Wisconsinites should be paying their fair share in these hard times, it is appropriate that he actually will sign the bill at a business owned by Greg DeCaster, a convicted tax evasion felon. The signing will be held at Badger Sheet Metal Works.

In United States v. DeCaster, DeCaster was convicted of multiple felony tax crimes in 1995, and sentenced to three months in prison:

After the DeCaster “bending the rules” behavior was made public, Walker has since cancelled the bill signing event.

Is there any glory in winning when employing these tactics?

What would "Fighting Bob" Say?

He already did!

I found this rare film clip in the archives of the Wisconsin Historical Society of Bob Lafollette delivering a “fighting”, signature speech on the steps of the Capitol in Washington D.C. on August 11, 1927. The words and the call to action are as inspiring and relevant today as they were over 70 years ago.

From Wikipeidia

Robert Marion “Fighting Bob” La Follette, Sr. (June 14, 1855 – June 18, 1925), was an American Republican (and later a Progressive) politician. He served as a member of the U.S. House of Representatives, was the Governor of Wisconsin, and was also a U.S. Senator from Wisconsin (1906 to 1925). He ran for President of the United States as the nominee of his own Progressive Party in 1924, carrying Wisconsin and 17% of the national popular vote.

His wife Belle Case La Follette and sons Robert M. La Follette, Jr. and Philip La Follette led his political faction in Wisconsin into the 1940s. La Follette has been called “arguably the most important and recognized leader of the opposition to the growing dominance of corporations over the Government”[1] and is one of the key figures pointed to in Wisconsin’s long history of political liberalism.

He is best remembered as a proponent of progressivism and a vocal opponent of railroad trusts, bossism, World War I, and the League of Nations. In 1957, a Senate Committee selected La Follette as one of the five greatest U.S. Senators, along with Henry Clay, Daniel Webster, John C. Calhoun, and Robert Taft. A 1982 survey asking historians to rank the “ten greatest Senators in the nation’s history” based on “accomplishments in office” and “long range impact on American history,” placed La Follette first, tied with Henry Clay.

Thanks to leadership of labor, the Socialist Party in Milwaukee and the La Follette Progressives elsewhere in Wisconsin, Wisconsin in 1911 becomes the first state to pass workers compensation protections.

So the struggle continues on a new front, with new players, as the words of “Fighting Bob” ring true and to the heart.

If you would like to view the video without my editorial intervention
go to “GOP Bernie Madoff tactics” post

Walker "Ballots Out of the Blue"

Suspicious events of April 6 – 7

On the morning after the April 5 Supreme Court Election Kloppenburg was ahead of Prosser by some 200 votes. The press was calling her the winner, and she even made her victory speech. The people of Wisconsin would go to bed that night with the belief that JoAnne Kloppenburg had won the election. They would wake up the next day to the news that Kathy Nickolaus, County Clerk of Waukesha had found 14000 votes in the city of Brookfield that would put Prosser comfortably in the lead.

Some very suspicious meetings, and announcements were afoot on the day after that election.

Prosser retreated to Delafield (Waukesha County) as the election returns were coming in, “…to find out what the hell was going on”. We can only speculate who he met with or what possibilities were discussed. We only know that he returned to Madison and met with Walker.

The allegation that Prosser met with Walker in his office on June 6 was included in the Kloppenburg complaint which triggered the recount. When questioned about this meeting on three different occasions, Prosser responded with three different recollections: 1) There was never such a meeting 2) I might have met him outside his office 3) I don’t think I was at the Capitol that day.

The press conference called by Walker would have been after the alleged meeting with Prosser but before Kathy Nickolaus would “discover ballots out of the blue” in the City of Brookfield in Waukesha County.

All this circumstance, coincidence, and speculation does not seal the deal for proof of election fraud in the Supreme Court election, but it serves to hammer yet another nail in the coffin of Walker, Prosser, and Nickolaus.

The other nails


in the proverbial coffin include:


The number of discovered votes was coincidentally “almost” the same as would exclude Kloppenburg of the right to a recount. (Suggesting she should have found a few more?)


We discovered in her press conference that she kept the vote tabulation for the county on her personal lap top computer.


The Government Accounting Board (GAB) issued Nickolaus “special software” for this personal computer. She and only she, used this software for vote tabulation in the State of Wisconsin.


In the recent past Kathy Nickolaus was on the staff of Prosser and while she held this position she was alleged to be involved in a criminal activities centering around use of public office time and material for election activities. She could well have been convicted had she not been granted immunity for her testimony in the matter. Prosser himself was involved and though never convicted, he admitted to using public office time and materials for the same campaign purposes that landed other legislators in jail.


An observer at the Waukesha recount discovered a poll tape that was dated March 30. It was testified under oath that the votes on this tape were to be counted as valid votes in the April 5 Supreme Court Election.


Observers at the Waukesha recount raised many documented objections about torn and ripped bags containing votes in the SC election. The openings and tears were large enough so that votes could be pulled or added to the bags.


Observers at the Waukesha recount raised documented objections about bags appeared to be slit with a sharp instrument. Some of the bags so damaged, were repaired with duct tape.


Observers at the Waukesha recount raised documented inquiries as to the size of the actual ballots used in Waukesha, noticing they were narrower and could more easily been pulled and stuffed than ballots from other counties.


Trained and experienced statisticians have made documented studies of how the vote for Kloppenburg showed an unexplainable statistical drop in suspected vote in urban areas when compared to both the Obama vote in the Presidential Election or Barrett in the most recent election for Governor. This vote drop is so large that it is a strident statistical anomaly.


Even though Kathy Nickolaus recused herself from over seeing the Waukesha recount, she was in her office the whole time and had full access to all the suspicious bags, votes, poll books, poll tapes, machines, and computers.


Perhaps, not one of the nails above viewed alone would seal the election fraud deal, but when viewed together, who can argue, they send an obvious signal for an investigation of the Waukesha recount of the Supreme Court Election.

If you are the head of a government agency whose expressed mission is:

The G.A.B. and its staff are committed to ensuring that Wisconsin elections are administered through open, fair and impartial procedures that guarantee that the vote of each individual counts, and that the will of the electorate prevails.

…then how could you ignore the nails?

Kevin Kennedy the Director of GAB has. There is no acknowledgment by the GAB of any element or instance centering around the Waukesha vote tabulation or recount.

We can only hope that the suite being filed against the GAB regarding the unethical tactics used in their signature gathering for the recall of Democrats, might bleed into the irresponsible, incompetent, and downright suspicious silence of the GAB regarding Walker, Prosser, Nickolaus and the Waukesha vote tabulation.

Holperin, Wirch, and Hansen sue G.A.B.

Read the article on the Blue Cheddar blog
State Senators Jim Holperin (Eagle River), Robert Wirch (Pleasant Prairie) and Dave Hansen (Green Bay) sued the Government Accountability Board, claiming the Board found numerous instances of fraud in the recall petitions against them, but struck only a few hundred signatures.
……The senators add that at least seven of the paid circulators “repeatedly certified fraudulent residences” and that at least two paid circulators “fraudulently certified petitions circulated by others.” …but the Board excluded signatures only where “fraud could be specifically proven.”
About 230 signatures were excluded, leaving 21,000 “implicated signatures” in the final tally and rendering the remedy “effectively meaningless,” the senators say. ..

Pesky Poll Tape – Deep Throat 2

View the second part of Barb With’s testimony before the Wisconsin Assembly Commitee for Election and Campaign Reform on June 11, 2011.

(Apologies in advance for the voice sync problem. I am working with what I gots for video software, and felt the message is much more important than the technical aspects of the message)

Barb makes reference to proven and documented instances of election fraud in previous elections in the United States of America. You can view the full video of computer programmer Clint Curtis.

If you slide ahead to 6:05 you will hear Rep. Priedmore’s admission that he KNOWS Electronic Voting Machines being used in Wisconsin Can be hacked!

Suspicious suicide connected to Curtis House testimony Raymond Lemme’s body discovered in motel room #132 .

The case of the mysterious suicide of Raymond Lemme of the Florida Inspector General’s office was reopened by Valdosta, Georgia police last December shortly after we broke the story of computer programmer Clint Curtis’ sworn affidavit charging that he had built a “vote-rigging software prototype” at the request of Rep. Tom Feeney (R-FL)!

Lemme was the first official from the FL Inspector General’s office to investigate the charges originally made by Curtis’ 2001 whistleblower complaint at the FDOT, where he had gone to work after leaving Yang Enterprises, Inc. (YEI) in the wake several disturbing meetings at the software firm with Feeney and YEI’s CEO, Mrs. Li-Woan Yang.

You can read the full report of the suspicious nature of the Lemme suicide, along with graphic evidentury pictures On the Brad Blog

Remember that investigation the GAB was conducting?

Well, here is where it is at as reported by JS Online The emphasis is added.

Waukesha – Although the state Government Accountability Board promised to release a detailed report of its April investigation of Waukesha County Clerk Kathy Nickolaus’ election operation by late June, it’s unclear now when or if the report will be coming.

Reid Magney, spokesman for the board, said that because a formal complaint was filed with the board by the JoAnne Kloppenburg campaign, accusing Nickolaus of election law violations, new confidentiality restrictions apply under state law.

So we get a “BUT”

But-but-but-but is the sound a sputtering engine makes just before it dies.

The picture on the left features the 6 “but” men who make up Wisconsin’s Government Accountability Board they appear on the poll tape from the Waukesha recount that is dated March 30 for the election of April 5.

They are from top to bottom.

1) Gerald Nichol


2) Gordon Myse


3) Michael Brennan


4) Thomas Barland


5) David Deininger


6) Thomas Clark


All “but” men who are conveniently hiding behind the confidentiality restrictions of state law. Just listen to Reid Magney:– public information officer and webmaster for the GAB:

“While he could confirm that a complaint was filed – one already released publicly by the Kloppenburg campaign – Magney said he couldn’t comment on whether there is an investigation, or when an investigation might be complete.”

He can confirm something we already know but couldn’t confirm whether the confirmation might jeopardize what was previously confirmed……..”

This is what a the person responsible for communication unloads on us? This is not the U. S. State Department, yet the GAB speaks to us in some jargon of legalese or diplomatic no speak…


The GAB has proven nothing to us other than an masterful ability to use the rules, the law, and policy to run around the obvious truth. Who am I do remind the white, male, retired, judges that the courts are about serving justice by prosecuting perpetrators who break the law? The evidence is that ballots have been tampered with, poll tapes show pre-election dates, Kathy Nickolaus has a record of impropriety and incompetency, statistical analysis of huge vote drop offs defy logic.


The GAB certified an election without revealing the total votes cast and without releasing the court reporter minutes of the county that is most suspect in all the allegations of election fraud – Waukesha!

Please stop talking to us like you are addressing a foreign nation at war. We are the people of Wisconsin who want the truth. Talk to us.

The WI Citizens for Election Protecion will deliver a petition to the Government Accountability Board to demand a hand-count of the upcoming recall election votes. It is the Board’s current policy to dissuade clerks for counting ballots by hand. Help protect your vote.

Please sign petition link

Please share this. Please demand an independent investigation of the GAB and Kathy Nickolaus. Another election is right around the corner, just waiting to be stolen.

Share, tweet, post, link, call, write, email – TODAY

The Wisconsin ACLU mission

As part of its mission to ensure the integrity of individual ballots as well as election results in Wisconsin, the Board continues its commitment to working with municipal and county election officials and local and statewide law enforcement agencies to prevent errors and opportunities for voter fraud and to detect and prosecute cases of illegal voting which may occur.

ACLU—–207 East Buffalo Street
Suite 325 Milwaukee, WI 53202

Phone (414) 272-4032
Fax (414) 272-0182

Wis. GAB

Office Hours: M-F, 7:45 a.m. to 4:30 p.m.

Call us at (608) 266-8005 for general inquiries. Call our Help Desk at (608) 261-2028 for technical assistance.

Call us toll-free at 1-866-VOTE-WIS

E-mail us at or visit our G.A.B. Staff page for a directory.
web mail GAB
Send us a fax at (608) 267-0500.

Department of Justice

E-mails to the Department of Justice, including the Attorney General, may be sent to

Department of Justice Main Switchboard – 202-514-2000

Office of the Attorney General Public Comment Line – 202-353-1555

Wis. Activist Court – Trapped in own Irony

The lies and political ramblings of the GOP have gotten so tangled and twisted that the Wisconsin Supreme Court seems to have gotten caught in it’s own ironic net.

It is beyond politics. Call it polictics.

The image is well…ever see a dog try to remove a tic? Seems the GOP are so bitten by the pain of upcoming recall election they are chasing their own tail for the tick. The Polictic.

Here is the IRONY

The Supreme Court grants the original action (allowing the law to end collective bargaining to stand even though it was passed at an unannounced, late night committee meeting) citing that Judge Sumi “usurped the legislative power”.

Yet, if they responded to political GOP pressure to rush the decision, and made the early announcement privy to GOP legislators – THEY “usurped the legislative power” that the whole argument is based upon! They not only aided and abetted the legislature from the bench, but got caught in the untruth of their own argument.

“This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature. It is important for all courts to remember that Article IV, Section 1 of the Wisconsin Constitution provides: “The legislative power shall be vested in a senate and assembly.”

I ain’t no lawyer…but what is good for the goose is good for the gander.

Here is the audio portion of the WKOW news report of the discovery of an email that suggests that legislators knew of the early decision (a record 8 days) was coming before last Wednesday.

Here is the original news story as presented on WKOW.

Waukesha Fraud – Deep Throat Speaks

A slip of paper is the “deep throat” of the Supreme Court Election Fraud

It is peculiar how the smallest, most innocent, observation can become the “straw that breaks the camel’s back”.

Barb With was volunteering as an observer at the Waukesha recount when she made a glaring discovery. The poll tape that was being counted and matched for votes cast in the April 5 election for Supreme Court Justice was dated March 30, 2011. When she brought the suspicious date to the attention of election officials, they could not come up with any reason for the mis-dated poll tape.

Weeks later Barb appeared before the Assembly Committee for Election and Campaign Reform. This is a portion of her testimony:

An observer of the Waukesha County recount noticed such a small, innocent piece of paper that was spit out of a voting machine in Pewaukee. It was a poll tape from a voting machine on which is recorded your vote. But what caught her eye was the date at the top of the tape: 03-30-2011 or March 30. That was six days before the Supreme Court election of April 5!

I recall the face book messages in the group Election Integrity as she communicated the finding to the group. “Get a picture!”, and she did.

Probably a test?
Ok. You must admit this is well…..suspicious. Her first inquiries about what it was, what it was doing there, and how it came to be in the official recount material, was met with the response, “It was probably a test.” I guess this goes along with the “human error” defense of all that is Waukesha, but look the time stamp on the tape Mary spotted was: 01:40 a.m.!

I know there are dedicated election officials out there, but who would run a test of a voting machine in those wee hours of the morning? Can you imagine the scenario? A person leans over to his/her mate and says: “Honey, I can’t sleep. I’m going down to the Court house and do a quick test of the voting machines”.

No such machine in Pewaukee

The other explanation for the poll tape was something like, “There were no electronic votes cast in Pewaukee,” Response? “Oh. Ok. My mistake. I must not be seeing a poll tape from a voting machine that clearly says, “Pewaukee”. “I must change my medication.” Come on. If there are no such machines in Pewaukee, how did such a poll tape record materialize?

Trying to bury the photos

The people in the Election Integrity group have posted and shared the photos with friends, newspapers, and media and have found something fishy. The links and posts have been deleted from postings or reported to the face book admin as being “inappropriate”. Is someone pulling a “Scott Walker stealing all the papers from his College election” action? There seems to be an attempt to keep the photos out of view and the story hushed.

When this story was first shared on face book – 3:15 p.m. May 26 it was blocked.
The message below appeared on a Bloggers Link:

We are on to something……..????

Another Unanswered Question

To date, no one has come up with a plausible explanation for the poll tape that appeared during the recount process in Waukesha, not even the Government Accounting Board GAB (That is BAG backwards!) See GAB Behind the Curtain post.

So why hasn’t the GAB demonstrated some concern in the highly irregular March Poll tapes findings?

It turns out that any questions about the integrity of the Wisconsin electronic voting system strikes deep into the heart and history of GAB Director Kevin Kennedy.
Jim Mueller has been looking at the integrity of Wisconsin elections for many years, and had this to say about GAB’s Kevin Kennedy.

“The fear is that these companies throw money around is such a way that we do not know that people who are in positions of trust have been compromised. Since the Accenture deal occurred, I haven’t felt good about Kennedy’s performance”

The Accenture Deal

Article By Mike McCabe

November 26, 2004

Can you believe it?

They want to privatize our highways, our university, our museums and now our elections. Egad! Kevin Kennedy, executive director of the state of Wisconsin’s Elections Board, signed a contract with a multi-national calling itself Accenture (it was part of Enron-tainted Arthur Anderson) to create “a total management package to run our elections.” Hello? See Bill Lueders’ column in Isthmus for the full, disturbing story, and then ask, What in the world is wrong with Kevin Kennedy?/

No public hearings were held on the outsourcing of our elections to a company–one that is based in Bermuda to avoid taxes in this country. When I called the Elections Board on Wednesday, I was told that it is, in essence, too late to complain because the contract has been signed. Really? Is it too late to fire Kennedy, appoint a new board, and cancel the contract? I don’t think so.

Call the elections Board and demand that they cancel this contract. Believe it or not Mr. Kennedy, the citizens of Wisconsin are quite capable of managing our own elections.

Kennedy’s Vested Interest

Kennedy has a long history of chummy ties with the Accenture and Electronic Voting Systems. He pitched the system to the legislature. Do you really think he is going to be fair and impartial in answering questions about poll tapes?

The Brad blog has been investigating elections in the country for years, and this is what Brad has to say about the pesky poll tape.

“Worse, if the results printed on the poll tapes are the ultimate proof of the accuracy of results, what happens when — as discovered among poll tapes from the City of Pewaukee in Waukesha County late last week — the “recount” uncovers “Official Results Report” poll tapes dated a full seven days before the actual election was held?’

Prosser was the certified winner of the Supreme Court election and cast a deciding vote on the decision to end collective bargaining rights for workers and families in Wisconsin.

He was certified as the winner before evidence from the recall was published.

1) To date, the GAB has not published the court reporter minutes of the Waukesha recount.

2) The GAB has not published the number of total votes cast in the Supreme Court election.

3) The GAB will not acknowledge whether there is an on-going investigation of the events leading up to the “found vote” by Kathy Nickolaus. They cite the need for confidentiality since Kloppenburg filed a formal complaint. Confidentiality or hiding behind the curtain?

4) The GAB has never said what happened to Kathy Nickolaus’ private computer that held the official vote tabulation for Waukesha County.

5) The GAB has not explained why it gave Kathy Nickolalus “special software” to tabulate the Waukesha County vote.

The information for this post has come through intensive hard work and investigation by the people of the Election Integrity Group, many of whom have been advocating for fair “every vote gets counted ONCE” elections in Wisconsin for years.

Look at the Wisconsin SC Recount BALLOT / POLL TAPE Anomalies

A permanent, online web cache of photo stills revealing just *some* of the GLARING and ALARMING ballot “irregularities” recently seen during the STATE WIDE (VIRTUAL) HAND RECOUNT of the SUPREME COURT ELECTION, held on April 5th, 2011. The following was recently compiled through the collective efforts and shared documentation from many wonderful citizen observers from all over the Great Badger State of WI. The Election Integrity community commends them for all their diligence, tenacity and hard work, and thanks them for the important contribution it’s lending to *all* American Voters. This kind of real time photographic documentation of evidence in real time is, to our knowledge completely unprecedented. EI can use all the Facebook love we can muster…thanks!

The WI Citizens for Election Protecion will deliver a petition to the Government Accountability Board to demand a hand-count of the upcoming recall election votes. It is the Board’s current policy to dissuade clerks for counting ballots by hand. Help protect your vote.

Please sign petition link

Please share this. Please demand an independent investigation of the GAB and Kathy Nickolaus. Another election is right around the corner, just waiting to be stolen.

The Wisconsin ACLU mission

As part of its mission to ensure the integrity of individual ballots as well as election results in Wisconsin, the Board continues its commitment to working with municipal and county election officials and local and statewide law enforcement agencies to prevent errors and opportunities for voter fraud and to detect and prosecute cases of illegal voting which may occur.

ACLU—–207 East Buffalo Street
Suite 325 Milwaukee, WI 53202

Phone (414) 272-4032
Fax (414) 272-0182

Wis. GAB

Office Hours: M-F, 7:45 a.m. to 4:30 p.m.

Call us at (608) 266-8005 for general inquiries. Call our Help Desk at (608) 261-2028 for technical assistance.

Call us toll-free at 1-866-VOTE-WIS

E-mail us at or visit our G.A.B. Staff page for a directory.
web mail GAB
Send us a fax at (608) 267-0500.

Department of Justice

E-mails to the Department of Justice, including the Attorney General, may be sent to

Department of Justice Main Switchboard – 202-514-2000

Office of the Attorney General Public Comment Line – 202-353-1555

Wis. Court a Shame and Sham

The opinions written by the court are a legal embarrassment to Wisconsin.

The activist judges have stretched the law to formulate a smoke and mirrors decision that smacks of partisanship reflecting a blindness to the law – Not to justice.

These are the faces of the four Wisconsin Supreme Court Judges that denied collective bargaining rights to workers and families in Wisconsin in an order issued June 14, 2011.

They are pictured above -from left to right
David Prosser current term expires when Waukesha is fully investigated.
Pateince Roggensack Her current term expires July 31, 2013.
Justice Michael J. Gableman His current term expires July 31, 2018.
Annette Kingsland Ziegler Her current term expires July 31, 2017.

Now might be a good time to take another look at the U Tube video that documents the meeting that is in question to remind ourselves how the conduct of the meeting shared little resemblance democracy. The Supreme Court is ruling that this video depicts actions by legislators in which the court chooses not to meddle. So, therefore, they are fair, legal, and in accordance with the State Constitution?
If the legislators in the majority said the open meeting rules were followed, then they must have been. If not, there is no higher power to check or balance what the majority of the legislature says or does.

At least that is what the four activist judges ruled.

The judicial activism and deep division of this court is so blatant and “gargantuan” that is is attracting national attention.

Below is a quote from Rick Unger’s article in Forbe’s Magazine.
“The minority opinion further alleged that the majority was driven by political motives rather than the desire to deliver a fair and judicious opinion.”

“In the world of the law, this is beyond huge. This is gargantuan.”

Unseat Prosser – Investigate Waukesha

The shadow of Prosser (the drop of the title ‘judge’ is intentional) is shown over his long, tedius. and patronizing multi-page legal opinion. Even the Chief Justice points to its failing in shedding any legal fact to the issue. Not to mention that it is written by a man who sits in his position under a cloud of suspicion at his victory in the recent election.

Read the full court decision

Even though the recount exposed a list of illegal procedures almost as long as his opinion, no investigation has been done.

The GAB launched an investigation of County Clerk Kathy Nickolaus and her suspect methods in response to the national outcry of “foul play” when we learned she stored election tabulation for the county on her personal computer on which she found 1400 votes two days after the election. Since, then the GAB has stepped way, way back. It will not comment or acknowledge any such investigation citing “confidentiality” as a screen. Since, Kloppenburg filed a formal complaint, the GAB claims to be gagged by Wis. Statutes. The simple solution would be to have a legislative committee call a late night meeting without public notification and pass a law to investigate. The Supreme Court would have no problem with that. Then the man who would be the subject of the investigation would be able to write a long-winded opinion absolving him from blame. Do you see what is happening here?

The court has over-played its hand. Prosser is sitting on a bench that is worm rotten. He must be investigated or he must resign.

What little credibility the Wisconsin Supreme Court may have had was lost in the words of their activist opinion striking down the ruling of Judge Sumi.

But it isn’t only my opinion. Just read the comments below Rick Unger’s article in Forbes:

Read Rick Unger’s article

“To me, the most shocking part of the opinion is the majority’s disavowal of the very concept of judicial review of legislative acts, first laid out in the history of the US in 1803 in Marbury v. Madison.”

“This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature. It is important for all courts to remember that Article IV, Section 1 of the Wisconsin Constitution provides: “The legislative power shall be vested in a senate and assembly.”

Wisconsin elects its judges, and the current majority was elected with massive influxes of corporate cash. Gableman & Ziegler were heavily backed in their elections by smear ads from the corporate-lobbying Wisconsin Manufactures & Commerce, and Prosser was just re-elected with $2.7 million in outside spending, WMC being his biggest single backer too (his opponent Kloppenburg scored “only” 1.8 million total. Documentation

The outside-spenders for Kloppenburg warned, “A vote for Prosser is a vote for Walker.” This rush-job ruling gives a pretty broad hint that they may well have been correct.


Justice Abrahamson remembers, though. And if she couldn’t prevent the content and the timing of this decision, she could and did send a message. She has told us that the Court is in serious trouble and that very serious forces are at work.

Post by Jim Mueller on Face Book Group “Election Integrity”

Recall Supreme Court Justices Now
Start the Recall of Patience D. Roggensack, Annette K. Ziegler, and Michael J. Gableman Recall David T. Prosser next year In order to serve Walker, Justice Patience D. Roggensack, Justice Annette K. Ziegler, and Justice Michael J. Gableman, joine…d by Justice David T. Prosser to hastily overturn Judge Sumi’s decision. Following is part of the dissent by SHIRLEY S. ABRAHAMSON, C.J. as she rips apart the decision of the gang of four . ¶81 In hastily reaching judgment, Justice Patience D. Roggensack, Justice Annette K. Ziegler, and Justice Michael J. Gableman author an order, joined by Justice David T. Prosser, lacking a reasoned, transparent analysis and incorporating numerous errors of law and fact. This kind of order seems to open the court unnecessarily to the charge that the majority has reached a pre-determined conclusion not based on the facts and the law, which undermines the majority’s ultimate decision. ¶96 The order and Justice Prosser’s concurrence are based on errors of fact and law. They inappropriately use this court’s original jurisdiction, make their own findings of fact, mischaracterize the parties’ arguments, misinterpret statutes, minimize (if not eliminate) Wisconsin constitutional guarantees, and misstate case law, appearing to silently overrule case law dating back to at least 1891. Wisconsin Constitution Article XIII Recall of elective officers. SECTION 12. [As created Nov. 1926 and amended April 1981] The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer after the first year of the term for which the incumbent was elected, by filing a petition with the filing officer with whom the nomination petition to the office in the primary is filed, demanding the recall of the incumbent. Recall Roggensack, Ziegler, and Gableman Now Recall David T. Prosser next year