After a contentious recount in a contested Senate recall election, Democrats gained a majority in the chamber and are calling for a special session on job creation. However, election experts doubt a session will happen or Democrats will keep their majority past the fall elections.

Sen. Van Wanggaard, R-Racine, said in a statement July 10 he would not challenge a recount in his district since he did not have enough time to investigate election irregularities, giving the seat to his Democratic challenger John Lehman.

“Despite pleas from around the state to challenge the election, it is not in the best interests of Racine, or Wisconsin,” Wanggaard said in the statement.

According to the Government Accountability Board, which oversees state elections, unofficial canvass results for the June 5 recall election put Lehman at 36,351 votes and Wanggaard at 35,517 votes, giving Lehman an 834-vote lead.

The GAB Recount Manual said a candidate may request a recount if they have sufficient basis. In his petition filed June 15, Wanggaard said voters were allowed to register to vote with improper proof of residence, people voted in more than one polling location and that individuals were given incentives to vote.

After the recount finished on July 2, Wanggaard’s campaign had until July 10 to file a challenge in court. The final totals were 36,358 for Lehman and 35,539 for Wanggaard, giving Lehman an 819 vote lead. According to the website, the GAB certified the results July 11.

Lehman’s victory is the only Democratic win in the six June 5 recall elections. Gov. Scott Walker, Lt. Gov. Rebecca Kleefish, Sen. Scott Fitzgerald, R-Juneau and Sen. Terry Moulton, R-Chippewa Falls, each defeated their Democratic challengers.

Voters also elected Sen. Jerry Petrowski, R-Marathon, over Rep. Donna Seidel, D-Wausau, in a recall election against former Sen. Pam Galloway, R-Wausau. Galloway resigned from the Senate after the last legislative session ended in March.

With Lehman’s win, Democrats will hold a 17 to 16 majority in the chamber. Newly elected Majority Leader Mark Miller, D-Monona, said in a statement his caucus is ready to work with Walker and the Republican-controlled Assembly.

“People out of work cannot wait six months for us to do our job,” Miller said in the statement. “We want to work together on job creation immediately.”

Common Cause in Wisconsin Executive Director Jay Heck said Senate Democrats would not be able to have an influence in crafting legislation unless Walker called a special session or if both the Assembly and Senate called themselves into an extraordinary session.

He said an extraordinary session is unlikely to occur since Senate Democrats would have to reach a compromise with the Republican-controlled Assembly. Heck said the Democratic majority represents more of a defensive tactic by blocking Republican initiatives which might have been passed if the Republicans had been able to keep their majority in the Senate.

University of Wisconsin political science professor Barry Burden said in an email to The Badger Herald a special session on any topic seems unlikely. He said the Republicans do not want to give the Democrats any opportunity to control legislation in the Capitol.

“Most observers believe the Republicans will win back the State Senate this fall, so all the Democrats are likely to be able to do for the next few months is make noise about the Legislature not being in session,” Burden said,

Heck said it would be tough for the Democrats to stay in the majority in Senate after the November elections since Republicans redrew Senate district lines this last session to make it difficult for Democrats to keep their seats.

He said Sen. Jessica King, D-Oshkosh, and Sen. Bob Wirch, D-Pleasant Prairie, both face tough reelection bids following in their new districts.

“Certainly because of partisan redistricting, on paper it would appear the Republicans have a good opportunity and a better chance at taking back the Senate,” Heck said. “But there are always some surprises.”

Following the recall elections, legislators and groups are also calling for election reform. A coalition of groups, including the Wisconsin Public Interest Research Group, sent a letter to state Legislators on July 10 calling for hearings this summer on election reform in preparation for a potential special legislative session this year.

The letter said the hearings should focus on laws limiting campaign fundraising during recall elections, requiring total disclosure of campaign fundraising and creating an independent body to draw new legislative districts every ten years.

WISPIRG State Director Bruce Speight said the Legislature needs to meet now since the recall elections saw unlimited campaign fundraising and less campaign disclosure. He said the hearings should be held soon while the elections are still “fresh” in the voter’s minds.

Speight said he also hopes the Legislature would enact the reforms before the November elections so the public would have a better understanding of where campaign funds are coming from before they vote.

In a letter sent to the GAB July 11, a group of Republican Assembly leaders, including Rep. Jeff Fitzgerald, R-Horicon, Rep. Robin Vos, R-Burlington, and Assembly Majority Leader Scott Suder, R-Abbotsford, said they were concerned about election irregularities in the recall elections as well as those uncovered in the Lehman and Wanggaard recount.

The letter said tampering of ballot bags, unsigned poll books and problems with voters presenting improper proof of residence have led to “serious questions regarding the integrity of our election process.”

“If the GAB doesn’t address these problems and correct them, it would only welcome more potential voter irregularities in future elections,” the letter said. “Our state can’t have our election process undermined by questions of potential fraud.”

GAB Director and General Counsel Kevin Kennedy said in a July 13 letter to the Republican leaders the Racine County Sheriff’s Department and District Attorney’s Office are investigating and reviewing complaints surrounding the June election.

Kennedy said in the letter while the GAB is aware of instances of people not signing the poll list or using proper residence identification, their contacts with local election officials in Racine County have not mentioned individuals tampering with ballot bags.

“Speaking frankly on behalf of our agency and local election officials absent direct evidence, I believe continued unsubstantiated allegations of voter fraud tend to unnecessarily undermine the confidence that voters have in election officials and the results of the election,” Kennedy said in the letter.

He said in the letter the GAB is planning to use the recount and recall as a learning opportunity and incorporate the lessons into their action plan for the fall elections.