Before, during and after last week's historic Wisconsin recall elections, we detailed why there is reason to be concerned about the computer-reported results of the votes cast across the state, even with the majority of those votes having been cast on paper ballots.
In short, the results are, and will remain, 100% unverified unless someone bothers to get a court order.
As we previously reported...
In Palm Beach County, FL, the failure was discovered during a state-mandated, post-election spot check of 2% of the paper ballots. In New York City, it took nearly two years before the failures were discovered after the New York Daily News was able to examine the paper ballots via a public records request. In Oakland County, MI, election officials were lucky enough to discover the failure during pre-election testing. And in Leon County, FL, the hacker --- a computer security expert --- revealed the op-scan system flaw he exploited to flip the results of the election in an Emmy-nominated HBO documentary.
In all cases, it was only a hand examination of the paper ballots that revealed the mistabulations by the op-scanners.
Unfortunately, in Wisconsin, no such post-election hand-examination takes place for any ballots --- at least not without both a recount request and an order from a judge. There are no spot-checks to ensure accuracy, so there is no way to know if the results reported by the computers reflect what the actual voters said in Wisconsin. The reported results are therefore either accurate or they are not. Who knows?
We explained why all of the above means that we cannot know if Republican Scott Walker actually won his gubernatorial recall election anymore than we can know if John Lehman (D) won his challenge against incumbent state Sen. Van Wanggaard (R) in the District 21 state Senate recall on the same day. (If Lehman is certified as the winner, the Democrats will take majority control of the state Senate. Wanggaard should demand a hand count of all ballots. To do so, he needs to file for a recount, and then beg a judge to allow that count to be done by hand, rather by the same machines once again, as is the standard under the WI election code.)
For those who think such concerns are overwrought, if the above instance of op-scan machine failure aren't enough for you, take a look at what happened last week in three different counties in Montana, on the very same day of the recall elections in Wisconsin...