In the petition, I stated the following reasons for requesting the recount (with further explanations where needed):
3. That Petitioner is informed and believes that:Explanation: The recount must be asked for within 3 working days of the close of the canvas. Oshkosh's canvas was closed on Wednesday, this means that if there was to be a recount, it must to be requested by 5 PM today. I had requested information from different sources, and was still looking into others, but because the information was not yet received, a decision had to be made.
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.Explanation: I received results from Pam Ubrig, Oshkosh City Clerk that were broken down by machine type, ward and candidate. These showed that wards 9 and 10 had zero votes recorded on the TSX (touchscreen) voting machines. Fellow candidate for the Common Council and occasional poll worker Ron Hardy votes at this location. I checked in with him to see if he knew of any votes cast on this machine. He said he thought a neighbor had voted on the TSX. I have not confirmed this, but I was under the deadline outlined above.
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.
Looking at the results by machine, I received 60 votes more via the TSX machines (ironic given my previous opinions on these units - which has not changed) while Tom received 74 more votes via paper votes. If the percentage of votes was even from both machine types, it would have meant 128 more votes.
Votes per polling location and machine type cast:
| Polling Place | OS | TSX | Hall | Pech |
| Marting Luther School | 82.84% | 17.16% | 409 | 436 |
| Fire Station #19 | 72.13% | 27.87% | 233 | 244 |
| Sunnyview Exposition Site | 57.53% | 42.47% | 32 | 46 |
| St Andrews Evenagelical Church | 79.35% | 20.65% | 390 | 536 |
| Our Savior's Lutheran Church | 100.00% | 0.00% | 333 | 296 |
| St Josaphat Parish | 79.76% | 20.24% | 320 | 268 |
| Albee Hall | 60.84% | 39.16% | 114 | 73 |
| St John's Church | 73.96% | 26.04% | 236 | 158 |
| Webster Stanley School | 92.86% | 7.14% | 433 | 353 |
| Washington School | 97.10% | 2.90% | 336 | 285 |
| Jefferson School | 87.73% | 12.27% | 260 | 228 |
| Wittman Airport | 86.32% | 13.68% | 419 | 404 |
| Fox Valley Tech | 75.12% | 24.88% | 102 | 144 |
| Jacob Shapiro School | 79.76% | 20.24% | 464 | 447 |
| Carl Traeger School | 84.62% | 15.38% | 569 | 637 |
| Franklin School | 84.17% | 15.83% | 358 | 414 |
| Alberta Kimbal Auditorium | 98.42% | 1.58% | 461 | 514 |
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.
Fairly self explanatory
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:I have requested the same information from the County Clerk as I received from the City Clerk. I have not received this yet. Part of this is because of the short time frame available.
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.
