Monday, April 11, 2011

Petition for Recount


In Re: The Election for Oshkosh Common Council held April 5th, 2011

Petitioner Jeffery C. Hall, 112 E Irving Ave, Oshkosh, WI alleges and shows to Pam Ubrig – Oshkosh City Clerk:

1. That Petitioner was a candidate for the office of Oshkosh Common Council in an election held on April 5th, 2011;

2. That Petitioner is informed and believes that a mistake has been committed in several wards of the city of Oshkosh in the counting and return of votes cast for the office of Oshkosh Common Council; and

3. That Petitioner is informed and believes that:

a. That Petitioner’s investigation into potential errors in voting and vote counting in several Oshkosh wards is incomplete at the time of the deadline to file this petition.

To ensure the integrity of this and future elections, investigation into potential mistakes in voting process need to be investigated.

The recount procedure is the current best tool for this investigation.

b. Petitioner has discovered the TSX Direct Voting Machine in Oshkosh District 5, Wards 9 and 10 registered 0 votes for any candidate. 

Petitioner has indirect evidence of votes cast on this machine before it was put out of service. 

When the TSX Direct Voting Machine in Oshkosh District 5, Wards 9 and 10 was put out of service, this represented an unequal voting opportunity for this location.  Several neighboring polling districts cast over 20% of their votes on similar devices.

That Petitioner received an 8% higher portion of votes received cast on TSX Direct Voting Machines.

There are large percentage swings by district in the use of the TSX Direct Voting Machines.

c. There were votes cast on paper ballots that were not countable through the regular process in Oshkosh District 15 after the supply of ballots was depleted.  These are not normally able to be counted in the current defined election process.

d. That Petitioner has made several requests to Sue Ertmer, Winnebago County Clerk, for information.  This has not been provided as of the time of this filing.  These requests include:

Ward by ward votes cast by machine type for the county-wide races, as was provided by the Oshkosh City Clerk.  This would be used for further comparison and investigation for voting patterns or errors.

Process and effect of the vote tally change in the Wisconsin Supreme Court election from election night to canvas completion. 

Petitioner requested vote totals by: wards, candidate, and machine type before and after the canvas as well as a description of the process that led to the discrepancy. 

Petitioner believes this information would lead to an evaluation of the voting procedure for the county, lending to a greater confidence in this process.

Wherefore: Petitioner requests a recount of all wards within the City of Oshkosh.

Dated this 11th day of April, 2011.


I, Jeffery C. Hall, being first duly sworn, on oath, state that the matters contained in the above petition are known to me to be true except for those allegations stated on information and belief, which I believe to be true.

Subscribed and sworn to before me this ___________ day of ______________________, ________.

Notary Public (or other person authorized to administer oaths)

My Commission Expires ___________
(specify expiration date)

The information on this form is required by Wis. Stat. § 9.01. This form is prescribed by the Government Accountability Board, 17 West Main Street, Suite 310, P.O. Box 2973, Madison, WI 53701-2973, (608) 266-8005.
EB-186 (Rev.8/08)