Kathy Nickolaus destroying ballots? Waukesha County DA says “Nothing is being destroyed today”

[hue]

Source: Badger Democracy

In a must-read Brad Blog article this morning; emails from Waukesha County Clerk Kathy Nickolaus to election protection group legal counsel created a firestorm. Nickolaus referenced what would amount to illegally destroying election materials in the face of open records requests; which would preserve the ballots beyond the statutory-defined 30 days:

Unless I receive a court order by noon on Monday, August 13, 2012 directing otherwise, I will proceed to retain or destroy the election materials from the June 5, 2012 Recall election according to state statute and GAB guidelines.

This statement appears to be contrary to the GAB advice to County Clerks, sent in a July 3 email:

Ultimately, each county and municipality is subject to the application of Wisconsin’s public records laws and individually responsible for compliance therewith. Failure to comply with public records laws does expose the counties and municipalities to civil penalties and potential attorney’s fees. It is strongly recommended that you each obtain adequate legal counsel to appropriately comply with these public records requests, as well as maintain the chain of custody and integrity of the June 5, 2012 election materials.

Read more: http://bdgrdemocracy.wordpress.com/2012/08/13/kathy-nickolaus-destroying-ballots-waukesha-county-da-says-nothing-is-being-destroyed-today/

[Scuba]

1. Once again our GAB is worse than useless. Rather than just telling the clerks what the law is...

... they're recommending each county run up some legal expenses. Kevin Kennedy really needs to go.

[dragonlady]

7. The GAB says these requests are not within its jurisdiction

The quotation in the original post is at the end of a long communication from the GAB to county clerks. The beginning of the memo says this:

It is the G.A.B.’s understanding that clerks and municipal attorneys are seeking more specific guidance regarding how to treat the public records requests, what to produce, and the mechanics of production, including allowable costs for production. Unfortunately, such guidance really is legal advice regarding the application of Wisconsin's public records law found in Wis. Stats. Chapter 19. As we have already informed clerks, the public records law is not within the jurisdiction of the G.A.B. and, therefore, we cannot provide definitive legal advice regarding the application of those statutes to the requirements to maintain a chain of custody and the integrity of the June 5, 2012 election materials. You and your counsel should comply with the G.A.B. requirements regarding maintaining the chain of custody and integrity of the June 5, 2012 election materials, as communicated on June 27, 2012. However, you and your counsel must independently review and apply requirements and limitations of the public records law to these requests.

The rest of the memo (http://gab.wi.gov/node/2409) does go into considerable detail giving suggestions on cases and statutes that may apply, but GAB doesn't want to take ultimate responsibility for interpreting public records law, which is not their area.

[Scuba]

9. So why doesn't the GAB get the legal advice, once, and share it?

Their "washing of hands" just opens the doors for variation in how the requirements are interpreted. What if every clerk goes to a different lawyer?

Why does Kathy Nickolas get to choose what lawyer to use for Waukesha County?

[Blue Owl]

2. Doesn't matter what the Waukesha DA says -- Kathy makes her own rules

Tabulating votes on her own personal laptop, using outdated tabulating software, and operating behind a veil of secrecy should be good enough for any red-blooded American, especially given her crystal clean past. It's all fine and dandy.

[monmouth]

3. Why is she not in handcuffs and escorted from the property?...n/t

[deminks]

4. O Brave New World, that has such people in it.

Has anyone seen KKKarl Rove and KKKathy Nickolaus in the same room at the same time??? Hmmmm???

[Z_California]

6. One year in prison

For every vote defrauded. No parole. Make some examples and the risk becomes too great.

[chknltl]

5. Cockroach krept out, met light took cover.

KN should have no real desire to burn or destroy those ballots. There is a citizens hand recount ongoing. That recount should prove that the WI. election was free of any tampering thereby laying to rest all the allegations otherwise.

OTOH. If there really was tampering, perhaps the tamperer might want to see those ballots destroyed hiding the evidence.

I have said this before: If there has been election fraud in Wisconsin, Wisconsin Wave has the best chance of uncovering it. Should they do so, their findings could have tremendous national implications!

Finding THIS particular bit of election fraud should be bigger news than the Romney's VP pick, the MSM will not be able to ignore the story-especially if it shows the recall side actually won! Is that possible? Yes. Exit polls had that election at a dead heat. The results were anything but. Imo that shows tampering.
How much? That is what Wisconsin Wave seeks to discover.

Those who perpetrate election fraud through any kind of tampering do not want the spotlight turned up right now on the eve of this upcoming election. If Wisconsin Wave finds what I think they will find, that spotlight will shine brightly on all of them.

Support Wisconsin Wave if you can:
http://wisconsinwave.org/handcount

On Wisconsin, the eyes of a frauded nation are not on you ....yet.

[dragonlady]

8. Yes! n/t

[Scuba]

10. Great post, thanks!!