There have been a few pieces of noteworthy news out of Wisconsin over the last few days in advance of their recall election primaries on May 8th (one week from Tuesday) and the recall general elections on June 5th. Some is largely positive for fans of democracy, but some of it, however, is both puzzling and a bit disturbing.

In the upcoming contests, Republican Gov. Scott Walker, his Lt. Gov. Rebecca Kleefisch and the seats of four Republican state Senators will all face a referendum by the citizenry at the ballot box. The historic elections come more than a year after the GOP took over all branches of state government during the 2010 wave election before proceeding to release the Kraken spark a popular uprising through the tyranny of Big Government removal of a number of citizen rights --- such as collective-bargaining and voting --- along with the heavy-handed implementation of a number of other extreme Rightwing policies.

Here's are several of those late developments --- not concerning the horse races, but concerning the actual track conditions for those races...

Several weeks ago we told you that Kathy Nickolaus, the controversial and oft-failed County Clerk of Waukesha County, WI, was stepping aside for the state's upcoming recall primary and general elections on May 8 and June 5.

The news that she would not be performing her usual election administration duties came on the heels of yet another embarrassing debacle in the state's most Republican county during their April 3rd Presidential Primary.

Nickolaus' decision to temporarily hand over her duties to Waukesha's Deputy Clerk Kelly Yaeger for the two recall elections was prompted after calls for her resignation by the chair of the County Executive Board as well as local newspapers. The most recent mess was said to have been caused by a failure of her computer system to upload computer-reported elections results of county municipalities until 6am on the morning following that election.

Shortly after the latest mess, during an interview while we were guest hosting the Mike Malloy Show on April 6th, election integrity expert John Washburn of Wisconsin Fair Elections explained to us that Yaeger had been both hired and trained by Nickolaus herself.

The temporary replacement by her Deputy offered little comfort for Washburn. Prompted by recent disturbing news that elections run on electronic tabulation systems identical to those used in Waukesha County had recently been found to have named several losing candidates as "winners" in elections in a different state, Washburn, a Republican, suggested he had little basis for confidence in whatever reported results might come out of the state's most Republican-leaning county in the upcoming recalls.

It appears that Washburn is not alone. Late Friday, it was reported that a number of the municipalities in Waukesha will be bypassing the County Clerk's office entirely by first sending their election night results straight to the Government Accountability Board (G.A.B.), the state's top election agency. But it may be new concerns about computer-tallied results in the Badger State that present even greater problems for the historic elections beginning next month in the Badger State...

Guest blogged by Ernest A. Canning

On Monday, the Wisconsin Supreme Court issued two one-sentence orders declining to hear both appeals filed by Republican state Attorney General J.B. Van Hollen in two different polling place Photo ID cases. In both, judges in lower courts had blocked the controversial voting rights restrictions passed by Republicans last year, finding that the law violated the state Constitution's guaranteed right to vote.

Republicans had hoped to overturn the temporary injunction placed on the law by Dane County Circuit David Judge Flanagan in Milwaukee Branch of the NAACP v. Walker and the permanent injunction issued by Dane County Circuit Judge Richard Neiss a week later in League of Women Voters of Wisconsin Education Network, Inc. v. Walker.

The issue of a permanent injunction in the NAACP case is being heard this week in Judge Flanagan's court. The evidence included the videotaped testimony of 84-year old, home-born Ruthelle Frank, an elected member of the Brokaw Village Board who has voted in every election since 1948. Frank now faces disenfranchisement because her lack of a birth certificate prevents her from obtaining one of the "free" photo ID forms needed to cast a vote under the now enjoined law, unless she is willing to spend more than $200 for both a birth certificate and the necessary changes to state birth records to correct typos on her name in the state registry.

Van Hollen, whose office said it was "surprised and disappointed" by the Supreme Court's decision, had sought an immediate stay of the injunctions on the grounds of perceived irreparable harm if the upcoming recall elections were conducted without his party's new, draconian Photo ID restrictions in place.

The WI Supreme Court decision this week coincides with an announcement by the American Legislative Exchange Council (ALEC), in response to "a massive corporate exodus," that it is abandoning its effort to see that state legislatures pass its "model" polling place photo ID restrictions...

[Now UPDATED with audio archives below. Enjoy!]

We're back tonight guest-hosting the nationally-syndicated Mike Malloy Show tonight and it's gonna be a busy one!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• JOHN WASHBURN of Fair Elections Wisconsin on the breaking news about Waukesha County, WI's Kathy Nickolaus, the upcoming state recall elections of Gov. Scott Walker and friends, and what you all need to know and do in order to make sure we can all have confidence in the reported results!
• PAMELA SMITH, President of Verified Voting Foundation and DAN MCCREA, President of the Florida Voters Foundation on the March 13th election disaster that struck Palm Beach County, FL as Dominion/Sequoia optical-scanners declared several losing candidates as the "winners", requiring a court to approve a hand-count last weekend to determine the real winners of the elections. And on why the hell we just don't start, finally hand-counting ballots in the first place, as per "Democracy's Gold Standard".
• GABRIEL REY-GOODLATTE of ColorofChange.org on their Anti-ALEC campaign calling on corporations to stop their funding of the American Legislative Exchange Counsel (ALEC) due to their voter-suppression advocacy and much more.
• MARGOT PAEZ of KPFK's Evening News on the fall out from students who were pepper sprayed at Santa Monica College this week while trying to express their opinions to the Board of Trustees on a 400% tuition hike.
• PLUS! Much much more than we don't have time to detail here, your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: All three "hours", busy ones, commercial-free, now follow below. My Easter/Passover gift to you. Enjoy! (And no, Elijah never showed up, even though we kept an open mic for him all night. Slacker.)...

Waukesha County's oft-failed election administrator, Kathy Nickolaus will not participate in the upcoming recall elections for Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators.

The BRAD BLOG first learned the news from a Wisconsin Election Integrity advocate late this afternoon, and it has now been confirmed with a statement issued by the office of Waukesha County Executive Dan Vrakas.

Her decision to recuse herself from the May 8th recall primaries and June 5th recall general elections comes on the heels of yet another embarrassing election administration failure this past Tuesday by the controversial County Clerk in one of the Badger State's most Republican counties.

According to Vrakas' statement, the elected Nickolaus --- who will face her own re-election contest later this year --- was given two choices by the County Executive, either resign or step aside for the upcoming recall elections.

"In a meeting this afternoon I presented two options to Waukesha County Clerk Kathy Nickolaus," Vrakas' statement reads, "resignation, or designating the deputy clerk to run the upcoming recall election."

"Kathy agreed to hand off her election duties to the deputy county clerk in order to avoid my public call for her resignation," says Vrakas. "In stepping aside, Kathy also agreed to allow outside consultants and county staff to work side-by-side with the deputy clerk to help restore confidence in our election process. The county will move swiftly to examine the election night procedures in the County Clerk’s Office and make changes as necessary to restore public’s confidence in our elections."

Calls for her resignation occurred once again following her failure to post local election results online in a timely fashion on the night of the April 3rd primary elections this week.

The BRAD BLOG has been reporting on the many election administration failures of Nickolaus going back as far as 2010 when she refused to change a number of procedures at the request of County Executives after an audit found serious deficiencies in her security processes, such as failing to post election results online, and tracking them only on a personal computer in her own office. But it was the April 5, 2011 election for state Supreme Court (exactly one year ago today) that brought national infamy to Nickolaus...

Our own crack legal analyst Ernie Canning pulls together many of the strands we've been reporting here, for many months, on the Wisconsin GOP's attempt to dismantle voting rights in their state in advance of both the 2012 Presidential Election and, perhaps more importantly, before the upcoming recall elections of Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators.

It's all a part of the continuing "War for Wisconsin" which we've been covering in great detail here at The BRAD BLOG for quite a while.

If you've had any trouble keeping up, or missed any of the thrilling chapters in the state Republicans' if-ya-can't-beat-'em-disenfranchise-'em, take-no-prisoners assault on the voting rights of legal voters, Ernie puts it all together and brings you right up to date in an interview today by OpEdNews' Joan Brunwasser...

Out of scores of journalists who work for the Gannett Wisconsin Media-owned Green Bay Press-Gazette, just seven were willing to offer their personal, non-business related support for a recall of Wisconsin's controversial Gov. Scott Walker. They are now being disciplined.

The rest, the vast majority of Press-Gazette employees, all cast a vote for their support of the Republican Walker's fitness to complete his term as governor by refusing to sign the petition for his recall.

How can we now trust them to report without bias on the Walker story they are tasked with covering in a neutral fashion?!

Despite the clear and unethical conflict of interest demonstrated by their support for Walker --- for which the Governor is almost certainly grateful --- those journalist are somehow still expected to cover the Democratic Party and union-supported political challenges against him and his administration in an impartial manner.

Clearly, that is impossible. At least according to an editorial published last night by Kevin Corrado, the president and publisher of the Green Bay Press-Gazette...

Guest blogged by Ernest A. Canning

In Wisconsin, two Dane County Circuit Court judges, David Flanagan and Richard Niess both issued injunctions against the state GOP's polling place photo ID restriction ("Act 23") --- Flanagan's temporary, Niess' permanent --- after finding that the law was in direct violation of the WI state constitution's guaranteed right to vote.

Immediately after the first of those two injunctions, issued by Judge Flanagan in Milwaukee Branch of the NAACP v. Walker, the WI GOP filed an ethics complaint with the WI Judicial Commission, alleging that the judge had violated the WI Code of Judicial Conduct because he had signed a petition to recall Gov. Scott Walker (R) and failed to disclose that fact before issuing his ruling.

However, when Flanagan's temporary injunction was promptly followed not only by Neiss' permanent injunction one week later, but by a subsequent refusal by an intermediate WI appellate court to stay the temporary injunction, the hard-right, operating under another right-wing billionaire front group, the Landmark Legal Foundation, filed ethics complaints against 29 WI judges who also signed recall petitions.

If you can't beat 'em, hit 'em with ethics violations complaints...

Guest blogged by Ernest A. Canning

On Friday, an intermediate Wisconsin appellate court denied a request made by WI Attorney General J.B. Van Hollen (R), on behalf of Gov. Scott Walker's administration, to stay an order issued earlier this month by a Dane County Circuit Court that temporarily suspended the state GOP's polling place Photo ID law.

In Milwaukee Branch of the NAACP v. Walker --- the first of two cases within the past two weeks to result in an injunction on the voting restrictions, known as "Act 23," enacted by a Republican-majority last year --- Judge David Flanagan temporarily enjoined [PDF] enforcement of the law on the grounds that it was in violation of the WI Constitution's guaranteed right to vote.

As of now, that injunction will still stand. In the bargain, local election officials are now seeking to comply with Judge Flanagan's order, so that Photo ID will not be required at the polls in the statewide April primary elections, upcoming recall elections scheduled for May and June, or for the 2012 general election this November.

Unless the denial of a stay is promptly reversed by the partisan Republican majority on the WI Supreme Court, the ruling could have an immediate adverse impact on the ability of the state's controversial Governor, Lt. Gov. Rebecca Kleefisch and the Republican state Senators facing upcoming recall elections to retain office...

State Sen. Pam Galloway --- one of four Wisconsin Senate Republicans scheduled to face upcoming recall elections in the still-redounding blowback from the state GOP's assault on collective bargaining rights last year --- has announced her resignation today.

The result is that GOP's 17-16 majority over Democrats in the chamber prior to today (it had been a 19-14 majority until the first round of recall elections last year) is now gone.

For the moment, the chamber is now evenly split at 16-16. The GOP has lost sole control of the chamber.

Galloway is citing family health issues as the reason for her surprise resignation today. According to TPM's Eric Kleefeld, "Galloway won her Senate seat by a five-point margin in the 2010 Republican wave, defeating the incumbent state Senate Majority Leader in the traditionally Democratic Wausau district." She had been scheduled to face Assistant state Assembly Minority Leader Donna Seidel in the upcoming recall.

As per WI recall rules, the contest for her seat, the three other Senators and the offices of Republican Gov. Scott Walker and Lt. Gov. Rebecca Kleefisch, will move forward as planned. The GOP will be allowed to replace Galloway on the ballot.

The dates for those elections are now set for May 8th and June 5th. The first date will be a recall primary for those races in which there is a contested nomination, otherwise that will be the actual recall election for that seat. The second date would then be the actual recall elections. As the race for the nomination to take on Walker himself is currently being contested by several Democrats, that historic election will be held on June 5th --- coincidentally, the same day as the California Presidential primary elections.

In an unambiguous finding stating that "the legislature and governor have exceeded their constitutional authority" and that "voter fraud is no more poisonous to our democracy than voter suppression," a second Dane County Circuit court in less than a week, has determined that the Wisconsin GOP's polling place Photo ID restriction on voters is in strict violation of the state Constitution.

Today, in his 12-page ruling on the plaintiff's motion for summary judgment, Dane County Circuit Judge Richard Niess found that "Act 23," the new law which strips voters of their right to vote unless they are able to produce a state-issued Photo ID at the polling place violates the WI Constitution's Article III which guarantees the right to vote to all state residents who are 18 and over (Section 1) other than in cases where the legislature may place restrictions on convicted felons and those adjudicated to be incompetent (Section 2).

Niess has issued a permanent injunction on the law today, in a complaint filed last October by the League of Women Voters of Wisconsin arguing that legally registered voters would be unconstitutionally barred from exercising their guaranteed right to vote under the Republican's new restrictive law.

"The motion documents reveal no disputed issue of material fact requiring further evidentiary proceedings. [The plaintiffs] present a purely legal issue ripe for decision," Niess declared in his ruling, stating that Article III of the state Constitution "is unambiguous, and means exactly what it says."

Last week, in response to a complaint filed the Milwaukee Branch of the NAACP, another Dane County Circuit Court Judge, Richard Flanagan, also ruled "Act 23" to be unconstitutional on a similar basis. He had issued a temporary injunction on the law in that case, in advance of the state's April primary elections. A trial is currently scheduled to begin on that complaint next month.

In response to both rulings now, the Republican State Attorney General has vowed to appeal, though both his legal and political basis for doing so may be quickly fading with today's second, nearly-identical finding from a second court.

There are also two complaints pending on a federal basis against the same Republican law in Wisconsin. In none of them has the GOP so far been able to demonstrate a case of voter fraud which might have been prevented by the new law. On the other hand, opponents have detailed a mountain of fact-based evidence demonstrating that otherwise legal voters will ultimately be disenfranchised if the law is allowed to take full effect in advance of this year's Presidential election, and as the state gears up for a new round of recall elections meant to unseat the very Republicans responsible for creating the state's new barrier to voting...

Guest blogged by Ernest A. Canning

Wisconsin's embattled Governor Scott Walker (R) will almost certainly face a recall election soon, but he is not - repeat - not a target of an ongoing criminal investigation in Milwaukee County...even though last month he hired two criminal defense attorneys to represent him and, on Friday, he announced the creation of an official legal defense fund, according to the Milwaukee Journal Sentinel's Daniel Bice.

The no-uncertain-terms denial about his status in the criminal probe comes from Walker spokeswoman Ciara Matthews who took pains to note on Friday, as the creation of his legal defense fund was announced: "We reiterate that Gov. Walker has been told that he is not a target of this investigation."

On the other hand, state law only allows for such funds to be created under certain circumstances. Bice notes that according to the state's Government Accountability Board [PDF], "Wisconsin Statutes permit a state government official who is being investigated for or charged with a violation of campaign finance laws or prohibited election practices to establish a 'legal defense fund' for expenditures supporting or defending the candidate while that person is being investigated for, or charged with, or convicted of a violation of those chapters."

So who is telling the truth? There's at least one person who may have an inside track to the Milwaukee prosecutors' long-time investigation, in which four top officials of Walker's have already been snagged, and that insider suggests Walker is likely in trouble...