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Documents filed with JoAnne Kloppenburg’s request for a special investigator to look into election procedures in Waukesha County include copies of emails exchanged between county and state officials and County Clerk Kathy Nickolaus. Kloppenburg’s campaign says the emails – most providing encouragement by other government officials – demonstrate the need for an outside investigator.

JoAnne Kloppenburg

The state Government Accountability Board denied Kloppenburg’s request on Thursday. The GAB released preliminary results from its ongoing investigation earlier this week, saying it had found “no major discrepancies” but “some anomalies.” The agency, which oversees the state’s elections, said a final report would be issued in the next 60 days.

The Kloppenburg campaign’s complaint argues the GAB works too closely with county clerks, including Nickolaus, to conduct an unbiased investigation. Nickolaus has come under fire for omitting election results from the City of Brookfield from those initially reported by her office to the media. The Kloppenburg complaint against Nickolaus alleges she didn’t inform GAB election officials of the discrepancy prior to holding a press conference two days after the election.

The clerk’s announcement shifted the election outcome from an ultra-slim Kloppenburg win to a more substantial (but still recountable) David Prosser victory in the race for his seat on the State Supreme Court.

An email sent by Nathaniel Robinson, elections division administrator for the GAB, to Nickolaus on the evening she held the press conference said, “I am disappointed that we are relegated to having to wait until after your news conference to learn about this matter,” he says. “Given the gravity of this situation, I am disappointed that you did not take a minute or two to share the gist of the situation.”

david prosser

This email, however, doesn’t indicate the close relationship between GAB and Nickolaus suggested by the Kloppenburg complaint. Another, by a lower level official, elections specialist David Buerger, is the only other from a GAB official filed with the complaint. Sent the day after the press conference, it states, “I just wanted to personally express my support for you and your office … I appreciate you coming forward and accepting responsibility for this mistake.” But it also suggests some tension between Nickolaus’ office and the GAB: “While you may have been a critic of our agency at times, I have always appreciated your candor.”

Also sent was a short email by Waukesha County District Attorney Brad Schimel, who said, “You handled everything as well as possible yesterday. I had several events last night, and everyone I spoke with was very understanding about how something like this could happen. I think it will be ok. Hang in there and keep your chin up.”

A letter to GAB from an attorney representing Kloppenburg says Schimel, “ordinarily would be responsible for prosecuting any civil or criminal violations resulting from an investigation into Ms. Nickolaus’ conduct and would likely be involved in such an investigation. The email discloses Mr. Schimel’s existing relationship, bias and conflict of interest … which precludes his office’s involvement in an investigation.”

The other emails are from county clerks commiserating with Nickolaus. The only one from Southeastern Wisconsin was sent by Ozaukee County Clerk Julie Winkelhorst, who wrote, “My heart went out to you having to face that criticism.”

In a statement responding to the Kloppenburg campaign’s allegations of bias, GAB Director Kevin Kennedy said, “It is the statutory duty of this agency to conduct these investigations. We are authorized to employ outside investigators, but they work under our direction.”

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