Wisconsin Supreme Court Race Ends in Virtual Tie

With all wards reporting, the unofficial results indicate that Deputy Attorney General Joanne Kloppenburg leads Supreme Court Justice David Prosser by a margin of 204 votes, a margin so narrow the Associated Press declined to declare a winner in the contest.

The margin was .014 percent.

While the 72 counties reported their results throughout Tuesday night, the lead shifted wildly between the two candidates. Wednesday morning, Prosser was leading, but little by little Kloppenburg caught up and finally took the lead herself as wayward wards in Crawford, Dunn, Sauk and other counties were counted.

The narrow margin of victory guarantees a recount, a process that could leave uncertain the fate of the Wisconsin Supreme Court until June.

The election was billed by the Kloppenburg supporters as a referendum on Governor Scott Walker and his proposal to limit collective bargaining for public sector unions. Unions and their third-party groups invested heavily, looking for a powerful ally on the high court.

As soon as the occupation of the State Capitol began in late February, “Vote Kloppenburg” signs began appearing along side banners and placards protesting the changes in Wisconsin’s law governing collective bargaining.

Prosser lost Dane County, home to the State Capitol and tens of thousands of state workers, by nearly 85,000 votes.

Unable to block the Republican agenda on the legislative floor, Democratic lawmakers and their labor union allies have begun turning to the courts. Last month a Dane County Judge issued a Temporary Restraining Order, blocking publication of the law. The fate of the legislation is expected to remain in limbo until late May when Judge Maryann Sumi is expected to issue a ruling on the matter.

It is widely expected a variety of issues surrounding any law limiting collective bargaining will eventually wind up in front of the state Supreme Court after lower-court rulings are appealed.

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