Elections: Final Supreme Court Decision May Take A While

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MADISON - The State Supreme Court race is too close to call, and a final winner may not emerge for a long time. 

Incredibly, the decision-making path in this race may travel to the very court in which both David Prosser and JoAnne Kloppenburg want to serve.

WisPolitics.com editor Jeff Mayers told Newsradio 620 WTMJ's "Wisconsin's Morning News" that in a race as close as the Kloppenburg/Prosser race for the state's highest court, "we're not going to know the results for a while.  I think the Supreme Court Race is headed for a recount."

Supreme Court Vote Breakdown by County

2011 Election Coverage:
State Supreme Court Justice Too Close To Call
Final Supreme Court Decision May Take A While
Abele Wins Milwaukee County Executive
Local Judicial Races
Area Mayoral Races
Biddle, Haas Win County Board Races
Soglin Back as Madison Mayor
Green Bay Mayor Keeps Job
Supreme Court Race Most Expensive Ever

State of Wisconsin Recount Procedures
Live Election Results

A recount can't be requested until all votes are in, and that would likely be early next week, though the Government Accountability Board technically has until May 15th to complete the canvas.

Only a candidate can request a recount, and they have three days to do it after an official canvas is in.

In this race, if there are fewer than 7,000 separating the two candidates - which is likely - the state will pay the cost of the recount.

If the gap widens above 7,000, candidates have to start picking up the tab.

And then, there could be the legal battle.

"This has to sort itself.  It could be a long story."

Ironically, that story could end in the very court both sides are hoping to find themselves in the end.

"Around every controversy, there's a court fight.  This one could end up in the Supreme Court," said Mayers.

In such a situation, incumbent Justice Prosser would have to recuse himself, and the remaining justices could theoretically end up deadlocked 3-3.