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New election in Outagamie County Board race ordered by judge

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KAUKAUNA, WI (WTAQ) - There may be voters in Outagamie County who will have to go back to the polls for a race they already voted on.

A judge has struck down election results after 84 voters in Kaukauna were given the wrong ballot for a county board race. Some were supposed to cast ballots for the District 13 race between Leroy Van Asten and Jason Fischer. Instead they were given ballots for the District 10 race.

Van Asten won with 189 votes. 141 went to Fischer, who sought a new election. Fischer pleaded his case Wednesday and won.

“I’m happy with the outcome and now the voters will get to right to vote how they want,” the candidate told FOX 11.

“The court decided that there were a sufficient amount of voters who were not allowed to vote properly,” said Joe Guidote, the county’s attorney, who went on to say he was technically opposing Fischer.

Fischer’s opponent, Leroy Van Asten, was also in court Wednesday. He declined to comment.

Now the Outagamie County Board needs to decide when the new District 13 election will be.

The ballot needs to be available 47 days before an election to allow for absentee voting, according to state law. So state election officials say the election could be on the Aug. 12 ballot – if the board moves fast.

“Next week is the time when ballots for the August primary are being finalized and so if they want to do it then, they would need to act,” Reid Magney with the Wisconsin Government Accountability Board told FOX 11.

In that case, the county would not need to spend extra money on the new election. That could run as high as about $7,500.

The county board chair told FOX 11 the county’s finance committee will discuss the special election next Tuesday. She said the full board will meet right after that and will likely talk about it too.

The District 10 race, which was also affected by the ballot slip up, was not contested.

(Additional reporting by FOX 11).

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