Unanimous state Supreme Court blocks attempt to re-examine ballots in narrowly decided Racine school referendum
MADISON – A unanimous state Supreme Court on Tuesday ruled those challenging a narrowly decided 2020 school referendum in Racine did not have a right to have ballots re-examined in court after they had already been reviewed during a recount.
The decision lets stand a referendum that passed by five votes and is expected to cost Racine taxpayers $1 billion over 30 years.
The ruling has implications for future recounts in a perennially purple state. Wisconsin has had a long run of tight elections, resulting in a statewide recount in 2016 and limited ones in 2020.
At issue in the case decided Tuesday was whether those challenging election results can force courts to reexamine ballots after they have already been recounted. The justices sided with lower courts that determined they could not.
"We conclude that the circuit court competently and comprehensively reviewed each of (the) factual and legal challenges to the recount conducted by the Board of Canvassers," Justice Patience Roggensack wrote for the court.
The decision comes as Republican lawmakers continue to review how the 2020 presidential election was conducted. Recounts in Dane and Milwaukee counties and court rulings upheld Joe Biden’s victory over Donald Trump.
In conjunction with their review, Republicans who control the Legislature have sought to overhaul the state's voting rules. Democratic Gov. Tony Evers on Friday thwarted those efforts with a string of vetoes.
Five-vote margin
The Racine Unified School District’s referendum was held in April 2020, just as the coronavirus pandemic shut down much of the state. The referendum passed by about one one-hundredth of a percentage point, with 16,748 voters in favor and 16,743 against.
Both sides lost votes during the recount that month, but the five-vote margin held. The final tally showed 16,715 in favor and 16,710 opposed.
The rules of the election were in flux because of the coronavirus pandemic and court decisions regarding voting policies. Racine County Circuit Judge Michael Piontek found those rules were consistently applied and observers had equal opportunities during the recount to view ballots and make challenges to them.
Those challenging the referendum appealed, in part because the judge hadn’t specifically ruled on their request to "examine the ballots" and "have those votes recounted in their presence in open court."
A unanimous appeals court last year determined reopening the ballots was unnecessary because the board of canvassers had done so during the recount and the judge had found the recount was conducted properly.
The Supreme Court reached the same conclusion Tuesday.
You can find out who your legislators are and how to contact them here: https://maps.legis.wisconsin.gov/
Contact Patrick Marley at patrick.marley@jrn.com. Follow him on Twitter at @patrickdmarley.
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This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Supreme Court lets stand Racine school referendum result
