Jurisdiction

Listen to this article

WI Court of Appeals – District III

Case Name: Scottie Ard v. Board of Canvassers, et al.

Case No.: 2018AP1924-AC  

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Jurisdiction

Ryan Sherley, pro se, appeals a circuit court order setting aside a determination by the St. Croix County Board of Canvassers (“the Board”) that Sherley was the winner of the April 3, 2018 election for St. Croix County Supervisor, District 13. The court concluded that a vote cast in Sherley’s favor should have been excluded from the Board’s recount and, further, that the Board conducted a drawdown contrary to the procedure set forth in WIS. STAT. § 9.01(1)(b). Accordingly, the court reversed the results of the Board’s recount and ordered the Board to perform a new recount.

Sherley contends the circuit court lacked jurisdiction to review both the excluded ballot and the Board’s recount procedures. In the alternative, he argues that the court erred by excluding the contested ballot and by determining that the Board failed to follow statutorily-prescribed recount procedures. We reject his arguments and affirm.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.