Incumbent Wisconsin Supreme Court Justice David Prosser, who came from behind in the vote count Thursday after the Republican stronghold of Waukesha County announced that a data-entry error had resulted in the omission of a whole town and its over 7,000 net votes for Prosser, appeared Thursday night on Fox News with Wisconsin native Greta Van Susteren.
At one point, Van Susteren asked Prosser whether he had called his liberal-backed opponent JoAnne Kloppenburg, who had declared victory on Wednesday, at any time since election day.
“I have not spoken to my opponent. It’s not at all anything personal,” said Prosser. “It’s simply I thought, I’m not conceding, and I’m not congratulating, and I’m not claiming victory. We’re simply waiting out the process.”
The Prosser-Kloppenburg race, which Prosser was widely expected to win at the outset, became a late proxy battle by liberals against Republican Gov. Scott Walker’s anti-public employee union legislation.
“I have always tried to argue that the race should not be a referendum on Governor Walker, or any piece of legislation that might end up in the court,” Prosser told Van Susteren. “Some people have insisted that it was, and they take either comfort or displeasure in what they see as the ever-changing results of the election. I like to think that I have survived a nuclear firestorm of criticism and attack and smear.
“And so, as far as I’m concerned, if these results hold up I will be the winner. My opponent has the right to call for a recount — and have the state pay for that recount, if it’s within a certain level. But if you get up over 7,000 votes, that’s serious business. That’s not likely to be overcome.”