Anti-union law upheld in Wisconsin

(CNN) -- Wisconsin's top court Tuesday reinstated a contentious law that curbs the collective bargaining rights of most state employees. Opponents of the law said the fight will now be taken to those who supported it.

The state's Supreme Court, by a 4-3 vote, set aside a ruling by a lower court judge who had placed a permanent injunction against the law. The court ruled the state Legislature did not violate the state's constitution when it passed the legislation.

The ruling was a major victory for Republican Gov. Scott Walker, who pushed for the bill over a chorus of angry teachers, union members and others who said it was an attack on worker rights.

"The Supreme Court's ruling provides our state the opportunity to move forward together and focus on getting Wisconsin working again," Walker said in a statement.

The Wisconsin AFL-CIO criticized the ruling.

"The inability of the Wisconsin Supreme Court to separate partisan politics from the well-being of Wisconsinites is the latest indication that citizens do not have a voice in this state," it said in a statement. "And the only way for Wisconsinites to repair that voice is to take back the Senate this summer, stop Walker's unbridled assault on working people and take back the statehouse in 2012."

Stephanie Bloomingdale, secretary-treasurer of the state AFL-CIO, told CNN recall elections next month targeting six senators is proof citizens are angry about the "anti-worker legislation."

Protesters returned to the state Capitol in Madison on Tuesday, some wearing recall T-shirts.

The law, which sharply curbs the collective bargaining rights of most state employees, sparked an extremely heated, high-stakes political fight. Republicans insist that the measure is necessary to control skyrocketing public employee benefit costs and close a $137 million budget shortfall. Democrats argue that it is little more than an attempt to gut public-sector labor unions, one of their core constituencies.

The public brouhaha all but shut down the Wisconsin state Legislature for weeks. It also drew protesters by the tens of thousands, among them union supporters and public employees, who called the proposed measure an attack on workers. A group of Democratic lawmakers left the state rather than allow a vote quorum.

Eventually, the law was passed and signed by Walker in March.

iReport: Opponents to law stage protest

Walker's top aide told CNN Madison affiliate WISC that the governor was examining the court's 61-page ruling and determining when the law will be implemented.

Republican legislative leaders said the high court's ruling proved they passed the so-called "budget repair" bill correctly.

Under the Wisconsin law, all public workers except police and firefighters would be required to cover more of their retirement plan contributions and health care premiums.

Raises would be tied to the rate of inflation, unless state voters approve an exception. Unions would be required to hold a new certification vote every year and would no longer be allowed to collect dues from workers' paychecks.

The state Supreme Court overturned a ruling by Judge Maryann Sumi, who said GOP legislators failed to provide sufficient public notice before passing the measure this year.

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Wisconsin Supreme Court Challenger Seeks Statewide Recount

Associated Press

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Refusing to concede defeat, Wisconsin Supreme Court challenger JoAnne Kloppenburg asked election officials Wednesday for a statewide recount in her flagging upset bid against Justice David Prosser.

Final county tallies compiled last week showed Prosser held a 7,316-vote lead over the little-known state attorney. The margin is within one-half of 1 percent of the total votes cast, entitling Kloppenburg to a statewide recount at local governments' expense.

The Government Accountability Board confirmed in a statement Wednesday that it is moving forward with a statewide recount at Kloppenburg's request.

"We have been preparing for a recount since Election Night," Kevin Kennedy, director and general counsel for GAB, said in the statement.

Kennedy said the recount would likely begin next week, starting with a teleconference meeting for county clerks on Monday.

Prosser's campaign pressured her not to seek a recount, saying there was no way she would find 7,000 votes and a recount would be costly for taxpayers.

State elections officials said the recount could begin as early as next week, barring any court challenges.

Prosser's campaign has pressured Kloppenburg to give up, saying she can't make up 7,000-plus votes and local government workers across the state would spend hundreds of hours working on the recount, ringing up a huge tab for taxpayers. Prosser's attorney has promised to challenge any recount request.

Kloppenburg went into the campaign as a heavy underdog against Prosser, a 12-year court veteran and former GOP legislator. But she got a boost after her supporters and pro-labor forces redefined the race as a referendum against Republican Gov. Scott Walker and Walker's contentious collective bargaining law. They hoped a Kloppenburg win would tilt the court to the left and set the stage for the justices to strike down the law.

Turnout for the April 5 election shattered expectations. Initial returns showed Kloppenburg had defeated Prosser by about 200 votes. But the Waukesha County clerk then stepped forward and said she had failed to report 14,000 votes. Those votes flipped the race for Prosser.

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Wisconsin Justice Pressures Challenger to Forego Recount

Associated Press

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MADISON, Wis. -- Wisconsin Supreme Court Justice David Prosser's campaign consultants pressured his challenger to forego a re-count in their messy race Monday, warning that such efforts would be costly and frivolous. 

County tallies completed last week showed Prosser defeated JoAnne Kloppenburg by 7,316 votes. She has until Wednesday to request a re-count, which would be conducted at the expense of local governments across the state. 

Kloppenburg's campaign said Monday she was still weighing her options, but Prosser's allies pressured her to accept defeat. Prosser consultant Brian Schimming told reporters at a state Capitol news conference that Kloppenburg can't realistically make up 7,000-plus votes and a re-count would mean hundreds of hours of work for local election officials and cost taxpayers. 

"It's just not close enough to merit it," he said. 

Prosser's attorney, Jim Troupis, promised to fight any re-count request. He declined to say on what grounds, saying he wanted to see what Kloppenburg would use as a justification for a request. Under state law, a candidate must supply a reason for a re-count. 

"The idea that this is anything but frivolous ... is unsustainable," Troupis said. 

In response, Kloppenburg campaign manager Melissa Mulliken noted that state law provides for a recount at government expense if the margin between the candidates is less than one half of one percent of the total votes cast. The total falls within that margin, she said. 

"We are weighing the options and carefully making this decision and we have not made it yet," she said. 

Schimming and Troupis' remarks came after Prosser delivered a 25-minute victory speech. 

Wearing a tie emblazoned with tiny scales of justice, the conservative-leaning justice thanked voters for rejecting Kloppenburg supporters' efforts to link him to Republican Gov. Scott Walker and Walker's polarizing union legislation. 

He said judges should be impartial and their decisions should never be based on personal desires. 

Moments later he thanked people he met during the campaign whom he said were committed to advancing conservative values. He also thanked the high court's conservative majority for its support. 

He didn't directly address a re-count in his speech, referring questions to Schimming and his attorneys. But he did vow to fight. 

"I want my friends to know that come what may ... I do not intend to go gently into that good night," he said. He left the news conference with a wave and didn't take questions. 

Prosser, a 12-year court veteran and a former Assembly Republican speaker, went into the race as the heavy favorite against Kloppenburg, an unknown state attorney. 

But Walker's collective bargaining proposal changed the face of the race. 

The bill stripped nearly all public workers from of most of their collective bargaining rights and required they contribute more to their pensions and salaries, changes that amount to an average 8 percent pay cut. 

Walker said the plan would help close the state's budget deficit and help local governments deal with deep cuts to state aid. Democrats saw the plan as an attack on unions, which are among their strongest constituencies. 

The law sparked massive protests in Madison and 14 Senate Democrats fled to Illinois to block a vote on the plan. Republicans maneuvered to approve the measure without them, and Walker signed the plan into law last month. But the law is now tied up in court and hasn't taken effect. 

Kloppenburg's supporters redefined the Supreme Court race as a referendum on Walker, hoping a Kloppenburg upset would tilt the court to the left and set up the justices to strike the law down. 

Kloppenburg's campaign surged in the final weeks before the April 5 election. 

Initial returns showed she had beaten Prosser by about 200 votes, but then Waukesha County's clerk announced she had failed to report 14,000 votes. Those ballots flipped the race to Prosser. 

The clerk, Kathy Nickolaus, worked for Prosser when he was in the Assembly in the mid-1990s, but she has insisted she made an honest mistake and wasn't overtly trying to help the justice. 

Officials with the state Government Accountability Board, which oversees Wisconsin elections, planned to issue a report Tuesday on whether Waukesha County's numbers were accurate. A more comprehensive review of Nickolaus' election night practices is ongoing. 

Board spokesman Reid Magney said the board didn't have any estimates of what statewide recounts have cost in the past.

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Tally gives Wisconsin Supreme Court race to conservative justice

s campaigns had no immediate comment.

STORY: Wis. top court election adds fuel to 'powder keg'Kloppenburg faced an uphill fight against Prosser, a 12-year court veteran and former Republican Assembly speaker. But she got a boost in the weeks leading up to the election as her supporters worked to turn anger against Gov. Scott Walker and the union rights law against Prosser.

The law, which Walker wrote, strips most public sector workers of nearly all their collective bargaining rights. It also requires them to contribute more to their health care and pensions, changes that will result in an average 8 percent pay cut.

Walker, a Republican, has said the law is needed to help balance the state budget and give local governments the flexibility they need to absorb deep cuts in state aid. Democrats see it as an assault on unions, which are among the party

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Judge Dismisses 1 of 3 Lawsuits Challenging Wisconsin Labor Law

Associated Press

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A judge has dismissed one of three lawsuits filed challenging Wisconsin's divisive law restricting collective bargaining rights.

Dane County Circuit Judge Maryann Sumi on Thursday dismissed the lawsuit filed by Democratic Dane County Executive Kathleen Falk saying she does not have standing to bring the action. The judge says state law forbids an agency or arm of government like a county to challenge the constitutionality of state laws.

Another lawsuit brought by the Dane County district attorney remains. In that case, Sumi blocked enactment of the law earlier this month while she considers whether state open meetings law was violated in the process of passing the bill.

A third lawsuit challenging the law pushed by Gov. Scott Walker has been brought by firefighters and other public workers.

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More than 150 homes damaged by powerful storm in Wisconsin

A storm leaves damage behind Sunday in Arkdale, Wisconsin. Northeast of Arkdale, a storm struck 157 homes in Kaukauna. STORY HIGHLIGHTSDaylight reveals extensive storm damage across Wisconsin157 homes are damaged or destroyed in city of Kaukauna; no one is hurtLincoln County officials do a door-to-door search after the stormRELATED TOPICSWeatherWisconsin (CNN) -- Shock and sadness etched the faces of residents in northeastern Wisconsin as daylight on Monday revealed the damage left behind by a powerful storm that cut a swath through the state.

An emergency declaration has been made for the city of Kaukauna, where early estimates were that 157 homes had been either damaged or destroyed Sunday night, the city's police chief said.

City officials, including the police, fire, planning and utility departments, went out in four teams for the morning assessment.

"This tornado, what we believe is a tornado, moved through, hit the back of houses, jumped over the front of those, then hit the front of the houses homes and hit the front of the houses on the other side of the street," said Kaukauna Police Chief John Manion.

Despite the damage estimates, which officials believe will grow, no injuries were reported in Kaukauna from the storm.

"People were well warned," Manion said. "That contributes to life."

Kaukauna is about 20 miles southwest of Green Bay.

Authorities in Lincoln County, in northern Wisconsin, did a door-to-door search after the Sunday night storm.

At least 25 homes suffered severe damage, said Mark Handlin of the Lincoln County Sheriff's Office. The worst damage was north of Merrill, about 170 miles north-northwest of Milwaukee, he said.

Crews are working to clear downed trees and power lines, Handlin said. A shelter has been set up at a motel.

Two residents were airlifted to a larger regional hospital because of the extent of their injuries, said Brian Sladek, director of Lincoln County emergency management. Other minor injuries were reported.

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Dems Furious After Vote Change Gives Lead to Wisconsin Supreme Court Justice

AP

April 5: Supporters for Wisconsin Supreme Court candidate JoAnne Kloppenburg cheer while watch election results in Madison, Wis.

Democrats in Wisconsin were crying foul Friday after a significant vote-count change in the hotly contested Supreme Court election gave the conservative incumbent the lead in a race that could decide the fate of the state's new divisive collective bargaining law.

Waukesha County Clerk Kathy Nickolaus said it was "human error" that resulted in more than 14,000 votes from her predominantly GOP county not being reported on Tuesday. The corrected totals gave conservative Justice David Prosser a 7,500-vote lead, according to unofficial tallies, and undid the earlier likelihood of a recount. 

Rep. Peter Barca, Democratic Assembly minority leader, said Nickolaus' revelation "raises disturbing questions, particularly in light of her partisan history."

"The new Supreme Court race vote totals she 'discovered' during canvassing not only swung the election but also put the race just barely past the amount needed to trigger a state-financed recount," he said in a statement.

"It doesn't instill confidence in her competence or integrity," he said, adding that the mistake could warrant an investigation.

Liberal groups also howled in protest.

"There is a history of secrecy and partisanship surrounding the Waukesha county clerk and there remain unanswered questions," Scot Ross, director of the liberal group One Wisconsin Now, said in a statement.

But Republican state Senate Majority Leader Scott Fitzgerald told Fox News he believes Nickolaus made a mistake. 

"The canvas process in Wisconsin is pretty routine after an election happens," he said, "and, in the many that I have been involved in over the years, certainly there are changes to the vote totals that come in on election night."

Fitzgerald noted that Grant County had added more than 100 votes for challenger JoAnne Kloppenberg after the initial count.

Prosser had faced a surprisingly strong challenge from Kloppenburg, a little-known assistant state attorney general who drew last-minute support -- and significant get-out-the-vote efforts -- from opponents of Gov. Scott Walker's push to limit union power as part of a budget-balancing plan.

"I like to think that I have survived a nuclear firestorm of criticism and attack and smear," Prosser told Fox News Thursday night. "As far as I'm concerned, if these results hold up, I will be the winner."

Prosser added that he is waiting out the process.

"I'm not conceding, and I'm not congratulating. And I'm not claiming victory," he said.

Prosser said the race should not be considered a referendum on Walker or any legislation that may end up at the court.

The fate of that law, which is facing legal challenges, could end up before the state Supreme Court, where Prosser or Kloppenberg could tip the balance. On Thursday, the state attorney general sought expedited review from the state's high court.

Opponents of the law had hoped a Kloppenburg victory would set the stage for the high court to strike it down.

Fitzgerald said he didn't want to predict the outcome of  the law regardless of who's in the justice's seat, but he would be pleased if Prosser held the post.

"I wouldn't want to make any presumptions on what the Supreme Court might do. But, certainly, I think, you know, having Justice Prosser there, I think he has been a strong voice for the law, and a strong voice for Wisconsin for many, many years, and, I obviously, I'm certainly hopeful that the vote totals hold up for Justice Prosser, after the canvas is completed," he said.

Nickolaus apologized Thursday for the error, saying the most significant error occurred when she entered but did not save totals from the city of Brookfield, a suburb of Milwaukee.

"This is not a case of extra votes or extra ballots being found," Nickolaus said. "This is human error, which I apologize for."

Kloppenburg's campaign manager, Melissa Mulliken, demanded a full explanation of how the error occurred and said an open records request for all relevant documents would be filed.

Ramona Kitzinger, the vice chair of Waukesha County Democratic party who observed the canvass, said she is satisfied the numbers are now correct.

"We went over everything and made sure all the numbers jibed up and they did," she said.

The Government Accountability Board, which is in charge of overseeing Wisconsin's elections, will review Waukesha County's numbers to verify the totals, said agency director Kevin Kennedy.

Kennedy said it was unfortunate the clerk didn't double-check the data before releasing it to the media. Kennedy also said such mistakes are known to happen but that "we just don't see them of this magnitude."

Nickolaus has faced criticism before for her handling of elections and previously worked 13 years for a state GOP caucus that was controlled by Prosser when he was Assembly speaker in 1995 and 1996. She was given immunity from prosecution in a 2002 criminal investigation into illegal activity by members of the caucus where she worked as a data analyst and computer specialist.

The corruption probe took down five legislative leaders, all of whom reached plea deals. Nickolaus resigned from her state job in 2002 just before launching her county clerk campaign.

Nickolaus also has been criticized by the Waukesha County Board for her handling of past elections and lack of oversight in her operations.

An audit of Nickolaus' handling of the 2010 election found she needed to take steps to improve security and backup procedures, including not sharing passwords. The audit was requested after the county's director of administration said Nickolaus had been uncooperative with attempts to have county experts review her systems and confirm backups were in place.

The Associated Press contributed to this report.

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Vote Count Likely to Change in Closely Watched Wisconsin Judge Race

Associated Press

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Wisconsin's election chief says he expects the unofficial vote totals in the state Supreme Court race to change when local election officials verify the counts, as opponents of Republican Gov. Scott Walker say the results send a clear message about their unhappiness with his controversial limits on union power.

Kevin Kennedy, head of the state's Government Accountability Board, said Wednesday that there will be changes in the totals because "this is a very human-driven process. We expect mistakes."

Little-known attorney JoAnne Kloppenburg declared victory over incumbent state Supreme Court Justice David Prosser with just a 204-vote margin out of nearly 1.5 million cast.

Kennedy says the earliest he would expect a recount request to be able to be made would be late next week. As long as there is no court challenge along the way, Kennedy says he expects the recount would be completed by May 15.

With 100 percent of precincts reporting, Kloppenburg had 740,090 votes, or 50.01 percent. Prosser had 739,886 votes, or 49.99 percent.

Kloppenburg issued a statement thanking Prosser for his service and vowing to be an impartial judge. Prosser's campaign didn't immediately return a message seeking comment on whether he would seek a recount. The latest such a request could be made is April 20.

Counties must start to canvas the vote on Thursday and they have until April 15 to turn in the results. Once the county's last report is filed, a recount can be requested within three business days.

That makes April 20 the latest such a request could be made. If the county reports come in sooner, the deadline to ask for the recount would be pushed up as well.

The winner will serve a 10-year term.

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Wisconsin News Have Given Hopes To State Union Workers

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Costly battle of politics over Wisconsin’s Supreme Court is heating up; it was listened that the battle was going to be over by Wednesday because Tuesday was the day of elections. Voters had come to polls in large numbers. But the battle was very close till the end of vote counting; results have not come according to their prediction. Elections were given big coverage by media because the battle of budget had divided Wisconsin. Earlier, Wisconsin had avoided voting due to advice of Senate Democrats; their criticism had politicised the issue and the issue could only be settled after consensus with state union workers. Fulfilment of quorum was essential for legitimization of vote; therefore senators of Republican frozen all fiscal parts of bills. It was the repair bill of budget which directly linked with state union workers. Democrats had to sue Republicans for the reason that their action was in violation of state’s law.

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Key Wisconsin race for supreme court judge too close to call

The Wisconsin supreme court election that has turned into a proxy battle over the union-curbing policies of Republican Gov. Scott Walker is too close to call, with the conservative-leaning incumbent only a few hundred votes ahead of a little-known challenger backed by unions.

With 99% of the vote in, Justice David Prosser has only a few hundred vote lead over JoAnne Kloppenburg, a state attorney general.

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Wisconsin Supreme Court Race a Matter of Turnout

Associated Press

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MILWAUKEE -- Wisconsin's Supreme Court race could come down to one factor: whether voters in Republican parts of the state can match the passion of voters in the Democratic strongholds of Dane and Milwaukee counties.

City clerks in Madison and Milwaukee say voting interest has been remarkably high in a race Democrats have tried to turn into a referendum on a polarizing union-rights law pushed by Republican Gov. Scott Walker. Madison's city clerk predicted voter turnout of 60 percent, an unheard-of level for an April ballot.

Such trends would seem to favor the challenger, Assistant Attorney General JoAnne Kloppenburg, who has presented herself as a left-leaning alternative to incumbent Justice David Prosser. For the conservative Prosser to win a second, full 10-year term, he'll likely need strong turnouts in traditionally Republican counties.

Incumbent justices typically have a large advantage over their generally lesser-known opponents. However, Democrats have tried to tap into the anger and discontent that flooded Madison in February and March as Walker pushed his plan to strip most public workers of nearly all their collective bargaining rights.

Tens of thousands of protesters swarmed the Capitol for weeks, only to see the law pass anyway last month. The law is on hold as legal challenges make their way through the courts -- and many expect the state Supreme Court could eventually decide the issue.

Although Prosser has told The Associated Press he doesn't necessarily agree with the law, bitter Democrats began portraying him as a Walker clone and Kloppenburg as a liberal alternative.

The strategy appears to have worked -- at least in some pockets of the state.

For example, Madison city clerk Maribeth Witzel-Behl said 7,190 absentee ballots had already been submitted by Monday, outpacing the absentee count from the presidential primary of February 2008. While the ballots haven't been counted, high turnout in the liberal city is likely to Kloppenburg's benefit.

Witzel-Behl predicted a 60 percent turnout, which would be a record high for an April election since Madison started keeping records in 1984. Madison also has hotly contested mayoral and county executive races, but political observers suspect the statewide race is driving many voters' passions.

The race is also on track to be the most expensive high court race in Wisconsin history. Groups backing both candidates have been spending $300,000 to $400,000 per day on TV ads, and that continued Monday, according to a group that studies judicial spending.

While neither candidate's campaign would discuss internal polling numbers, one political expert said the frenzied pace of last-minute spending suggested a tight race. Mordecai Lee, a professor at the University of Wisconsin-Milwaukee, said groups usually cut their losses and save their money if polls show their candidate significantly behind.

"Clearly that's not happening here," Lee said.

Regardless of the outcome, Walker has said he won't interpret Tuesday's results as an endorsement or indictment of his policies.

Governors don't often weigh in on state Supreme Court races, but this one has been unusual. Outside groups have poured at least $3.1 million into a race that wasn't initially expected to be competitive. Prosser won a nonpartisan February primary with 55 percent of the vote, while Kloppenburg finished second out of four candidates with just 28 percent.

Kloppenburg's campaign surged, however, during weeks of protests that drew up to 85,000 people to the state Capitol in opposition to Walker's plan.

The seven-member court is officially nonpartisan, but Prosser is seen as part of a conservative four-justice majority. A win by Kloppenburg would tilt the court's ideological balance to the left.

Statewide, voter turnout was expected to be about 20 percent, in line with elections that have featured a contested state Supreme Court races in the past decade, according to the Wisconsin Government Accountability Board.

Wisconsin has a recent history of costly Supreme Court races. Outside groups spent a record $3.4 million here in 2008, according to the Brennan Center for Justice, a New York University program that tracks spending on judicial races. After a quiet 2009 race and no race in 2010, spending this year reached $3.1 million through Sunday, and a burst of last-minute ads was expected to bring the total to $3.7 million.

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Wisconsin High Court Race Could Be Headed to Recount

AP

April 5: Supporters for Wisconsin Supreme Court candidate JoAnne Kloppenburg cheer while watch election results in Madison, Wis.

MADISON, Wis. -- The race between a conservative-leaning Wisconsin Supreme Court justice and a little-known challenger fueled by a wave of anger over the state's divisive new union rights law was too close to call early Wednesday morning.

Unofficial returns from Tuesday's election showed Justice David Prosser and his opponent, JoAnne Kloppenburg, were separated by fewer than 600 votes with 99 percent of precincts reporting. The contest was close enough that a recount appeared likely.

Under Wisconsin election law, a candidate has three days after the official results have been tallied to request a recount. The candidate must specify a reason for the request, such as a belief a mistake was made in the counting or some other irregularity.

An assistant state attorney general, Kloppenburg began her campaign with almost no name recognition and faced what looked like an uphill fight against Prosser.

But her campaign has surged in recent days as her supporters worked to focus anger over Republican Gov. Scott Walker's divisive collective bargaining law onto the conservative-leaning Prosser. The law's opponents hope a Kloppenburg victory will tilt the Supreme Court to the left and set the stage for the court to strike down the law. Election officials in Madison and Milwaukee have noted higher voter interest in what would have been an otherwise sleepy contest.

The measure strips most public workers of nearly all their collective bargaining rights. Walker has said the move is needed to help balance the state's budget. Democrats say it's designed to cripple unions, which are among their strongest campaign supporters, and tens of thousands of people spent weeks at the state Capitol protesting the plan.

The law eventually passed, but is on hold as legal challenges make their way through the courts. Many expect the state Supreme Court ultimately will decide the issue.

The seven-member high court is officially nonpartisan. But Prosser, who is seeking a second 10-year term, is seen as part of a conservative four-justice majority. Kloppenburg's allies have presented her as an alternative that would tilt the court's ideological balance to the left.

Prosser has told The Associated Press he doesn't necessarily agree with the law. Still, bitter Democrats have portrayed him as a Walker clone, helping Kloppenburg's campaign gain traction over the last few weeks.

Pat Heiser, 76, said the union struggles weighed heavily on her decision to vote for Kloppenburg.

"I think collective bargaining should be a human right," Heiser said. "We're not slaves anymore; that ended in the 1860s."

Attorney Bill Finke said he normally votes conservative, and supported Prosser in part because he feared Kloppenburg had a political agenda.

"I'm concerned about having an activist judge on the court," said the 73-year-old from Bayside in suburban Milwaukee.

Outside groups, including the Tea Party Express and national labor organizations, have poured at least $3.1 million into a race that initially wasn't expected to be competitive. Prosser won a nonpartisan February primary with 55 percent of the vote, while Kloppenburg finished second out of four candidates with just 28 percent.

Walker has said he wouldn't interpret the election results as either an endorsement or indictment of his policies.

Madison city clerk Maribeth Witzel-Behl said 7,190 absentee ballots already had been submitted by Monday, outpacing the absentee count from the presidential primary of February 2008. High turnout in the liberal city would likely benefit Kloppenburg.

Witzel-Behl predicted a 60 percent turnout, which would be a record high for an April election since Madison started keeping records in 1984. Madison also has hotly contested mayoral and county executive races, but political observers suspect the statewide race is driving many local voters.

Statewide voter turnout reached 33 percent, shattering the pre-election prediction of 20 percent from the Wisconsin Government Accountability Board. April elections in recent years have had voter turnouts ranging from 18 percent to 21 percent.

The race was on track to be the most expensive Wisconsin high court contest in history. Groups backing both candidates spent $300,000 to $400,000 per day on TV ads right up until election day, according to a group that studies judicial spending.

Wisconsin has a recent history of costly Supreme Court races. Outside groups spent a then-record $3.4 million here in 2008, according to the Brennan Center for Justice, a New York University program that tracks spending on judicial races. After a quiet 2009 race and no race in 2010, spending this year reached a new high -- $3.5 million through Monday.

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California Democrats Take Cue From Wisconsin GOP in Fight Over Budget Deal

FoxNews.com

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A massive state deficit. A frustrated governor. Uncooperative lawmakers. Sound familiar?

Probably. But this battle is taking place not in Wisconsin, it's in California.

That's where Democratic lawmakers are considering using the same parliamentary tricks they claim Republicans used in Wisconsin, leveraging their majority power to cram down the minority's throat something their governor could not get at the negotiating table.

In Wisconsin, it was about collective bargaining. In California, it's about taxes.

"When you folks say no, no vote, no plan, no," Democratic Gov. Jerry Brown told Republicans. "That's not American. It's not acceptable."

"Give me a break," shot back Republican State Sen. Bob Huff. "They're taxes he's putting out there. He wants our guys to violate core principals to put this up to the people."

California needs $26 billion to balance its budget. Brown wanted roughly half in cuts, half in higher taxes. But he needed four Republican votes to put the tax hike on the ballot. After weeks of negotiation, talks broke down last week.

"Even though we came very close, there are issues that I think are impossible to resolve at this time," Brown told supporters in a You Tube video.

Republicans plan was to reduce spending and change the reward system for state employees.

They wanted:

-- a state spending cap based on population;

-- no state pension higher than the $106,000 -- something more than 500 state employees already have;

-- a 50-50 split on pension contributions from employees and employers, not the 90 percent taxpayers currently pay for most state pensions;

-- all new state employees would receive a 401K, not a state pension; and 

-- an end to seniority in education.

"One of the problems is the Democrats want something right now, the Republicans want something that is going to take a number of years. And frankly there is a lot of distrust between these parties," said economist Christopher Thornberg of Beacon Economics in Los Angeles.

California public employee unions oppose the pension reforms pushed by the GOP, making the package tough politically on Brown.

"I think he can dig in. I don't think this is about power bases or money bases as much as it is about his personal preferences," Thornberg said.

So where does the state go from here?

Democrats are planning to go around minority republicans to extend the temporary tax increase for another five years without the required two-thirds vote. That will be challenged in court.

Brown is barnstorming the state this week, gathering support to put the tax increase on the ballot in November should lawmakers fail.

Meanwhile voters are getting both barrels -- as Brown and the well-funded unions paint a picture of financial Armageddon if California is forced to balance its budget on cuts alone.

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Woman faces charges for alleged threats to kill Wisconsin lawmakers

Budget battles in the 'Bust Belt'STORY HIGHLIGHTSShe is accused of sending threatening e-mails to 16 Wisconsin state senatorsSome of the e-mails have threats to kill the senators and their families, authorities sayThe suspect was upset over the law to limit collective bargaining, authorities saySenator: "It's hard to know how serious some of this stuff is"Read more about this story from CNN affiliate WKOW.

(CNN) -- A Wisconsin woman, apparently enraged over the new state law that limits collective bargaining for government workers, is being accused of sending e-mails to 16 Republican state senators threatening to kill them.

Katherine Windels, 26, faces four counts of using a computer to threaten, injure, or harm and creating a bomb scare, authorities said.

A criminal complaint released by the Dane County District Attorney's Office alleges that the woman from Cross Plains, Wisconsin, admitted to the threats. She said she sent the e-mails because she was angry at lawmakers who voted to limit collective bargaining for about 300,000 state workers.

Windels, according to the complaint, used two separate e-mail accounts to send e-mails to the Republican state senators including one to Sen. Robert Cowles on March 9.

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Wisconsin Judge Declares Union Law Not in Effect

AP/Milwakee Journal Sentinel

Friday: Judge Maryann Sumi listens to arguments during a hearing in Dane County Curcuit Court in Madison, Wis.

A Wisconsin judge ruled Thursday that the state's explosive new union law that would severely limit the collective bargaining power of most public-sector employees is not in effect.

Dane County Circuit Judge Maryann Sumi's ruling follows a restraining order she issued earlier this month preventing the secretary of state from publishing the law, typically the last step before it takes effect. But another state office published it and Republicans who pushed the legislation declared the law in effect. Sumi issued a declaration on Thursday morning saying the law wasn't properly published.

The ruling deals a setback to Gov. Scott Walker and his administration, which said Tuesday that work on the payroll changes would stop if Sumi ruled the law hadn't taken effect.

The ruling is just the latest twist in a budget drama that has gripped the nation's attention for the last several weeks.

Republicans passed the bill this month by outmaneuvering Senate Democrats who had fled the state to block a vote. Republicans split the collective bargaining part from the budget relief bill so they wouldn't need a quorum to hold a vote.

But Dane County District Attorney Ismael Ozanne and Assembly Minority Leader Pete Barca, both Democrats, filed a court challenge, arguing that Republicans violated the open meetings laws.

As the open meetings suit was pending, Sumi issued a temporary restraining order that prevented Secretary of State Ken LaFollete from publishing the law, now known as Act 10. Publication of the law is the last step to putting a bill into effect, and Democrats argue that the law is not in effect until LaFollete issues the publication. However, the Legislative Reference Bureau also has responsibility for publishing laws, and Republicans said LRB's publication makes it official.

Republican Attorney General J.B. Van Hollen had advised Walker that because Sumi didn't specifically name the administration in her order barring further action on the law, it can proceed with the payroll changes. Justice Department Executive Assistant Steve Means said Wednesday that the state's position had not changed.

Republican Assembly Speaker Jeff Fitzgerald went further, openly questioning the judge's right to rule in the case, saying it "flies in the face of the separation of powers between the three branches of government."

"It's disappointing that a Dane County judge wants to keep interjecting herself into the legislative process with no regard to the state constitution," Fitzgerald said in a statement.

Walker released the rest of this year's budget balancing plan Wednesday, drawing support from Democratic leaders, and the Legislature was expected to pass it next week.

Sumi and others have suggested the Legislature could resolve issues over the legality of the collective bargaining law by simply passing it again.

Fox News' Mike Tobin and The Associated Press contributed to this report.

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