LA CROSSE (WKBT) — Judge Elliot Levine threw out one of the argument made by a La Crosse voter who claims the La Crosse County sheriff’s race recount was unfair. Democrat John Siegel won the election by 176 votes and Republican Fritz Leinfielder conceded. Mary Jo Werner, one Leinfelder’s supporters filed a lawsuit, taking La Crosse Count Clerk Ginny Dankmeyer, who conducted the recount, to court.
In an election, the winner is decided by voters. In November, La Crosse voters elected Siegel to be the next sheriff of La Crosse County. According to Wisconsin law, if the losing candidate loses by 1% of the votes or less, they can request a recount. Leinfelder, who lost by 0.32% of the votes asked for a recount.
“We wanted to make sure we had a full and accurate count,” Leinfelder said at the recount.
After the results, Leinfelder filed an objection to the recount, but then conceded. Werner says the recount process was unfair, which is why she chose to file a lawsuit against County Clerk Dankmeyer.
“The process of the recount was different from what I understood it should be. It didn’t appear to be very transparent,” Werner said.
News 8 Now asked Werner why she felt the recount was not transparent. Werner did not elaborate.
In the suit, Werner alleges Dankmeyer disenfranchised her vote by not rejecting some absentee ballots and ballots cast by college students.
“Largely this is a question about the interpretation of Wisconsin law,” said Erik Olsen, Werner’s attorney.
Wisconsin statute 9.01 statesany candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. Werner argues that Wisconsin law says any candidate, or any elector who is aggrieved by the recount can appeal. At the hearing, Judge Levine said the law is clear. Werner can only appeal a recount when it is specifically about a referendum.
“It may be brought by any candidate or any elector. If it ended right there, you might be right, but it didn’t end right there. It goes on to say any elector ‘when for a referendum,'” said Levine.
Werner was not a candidate for the sheriff’s race meaning she can not appeal the recount based on the law.
“When he [Leinfelder] conceded, the process in 9.01 was done,” said Levine.
Werner argues the the recount process also violated Equal Protection, the Civil Rights Act of 1964 and another Wisconsin statute. Werner can still argue her case under those reasonings. Both parties have 30 days to file a brief regarding Werner’s remaining arguments. The parties will return to court after the judge reviews their briefs.
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