Wisconsin judge election colored by union fight

A Wisconsin Supreme Court election that offered the public its first formal opportunity to weigh in on the national fight over union rights was extremely close as returns poured in Tuesday.

Unofficial returns showed incumbent Justice David Prosser locked in a virtual dead heat with challenger JoAnne Kloppenburg. The race was so close that it is likely to face a recount. With 98 percent of precincts reporting, less than 2,000 votes separated the two: Prosser had 727,440 votes and Kloppenburg had 725,534, each with 50 percent.

Kloppenburg's campaign had surged in recent days as her supporters worked to focus anger over the new union law onto the conservative-leaning Prosser. They hope a Kloppenburg victory will tilt the Supreme Court to the left and set the stage for the court to strike down the law.

The law 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. Election officials in the Democratic strongholds of Madison and Milwaukee have noted remarkably high voter interest in the race.

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, an assistant state attorney general, has been presented as an alternative that would tilt the court's ideological balance to the left.

Democrats supporting Kloppenburg, who typically would be at a large disadvantage facing an incumbent, have tried to tap into the anger that prompted tens of thousands of protesters to flood Madison as Walker pushed his union plan.

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

Prosser said he doesn't necessarily agree with the law. Still, bitter Democrats have portrayed him as a Walker clone, and Kloppenburg's campaign has gained 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."

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 won't interpret Tuesday's results as either an endorsement or indictment of his policies.

This article appeared on page A - 8 of the San Francisco Chronicle

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