Disputed Out. Co. Board race heads to court

File photo.
File photo.
APPLETON - A candidate who lost an Outagamie County Board race after a ballot mixup has sued, appealing the results of the recount.

On election day, about 130 people in Kaukauna were given ballots to the wrong county board race - resulting in too many votes being cast in District 10, and not enough appropriate ballots being distributed in District 13.

In the District 13 race, Leroy Van Asten defeated Jason Fischer. After the recount, Van Asten's margin was 189-141. There does not appear to be any disagreement on the vote totals themselves.

The next step is the recount appeal to the circuit court, which Fischer filed. A scheduling hearing will be held Monday before Judge Mitchell Metropulos.

Although the petition itself does not seek a specific remedy, it would be within the judge's authority to order a new election, according to the Government Accountability Board.

The District 13 seat remains open until the election is settled, according to County Clerk Lori O'Bright.

In District 10, Kevin Behnke defeated Josh Karl. After the Board of Canvassers removed random ballots to account for the overvote, Behnke won 300-223. No recount appeal was filed and Behnke was sworn in to represent the district, O'Bright said.