Wisconsin Elections Fee alleges former Madison clerk broke legal guidelines

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Former Madison Clerk Maribeth Witzel-Behl violated a number of state legal guidelines when her workplace did not depend almost 200 absentee ballots within the 2024 presidential election, based on a draft report launched Wednesday by the Wisconsin Elections Fee. 

The fee cited a scarcity of management within the clerk’s workplace, referring each to Witzel-Behl and the deputy clerk who assumed management throughout her trip shortly after the election.

Witzel-Behl, who was placed on go away by town after the error after which resigned, broke state regulation by failing to oversee absentee poll dealing with, neglecting post-election processes, and by not coaching ballot staff to verify the baggage used to move ballots, the fee concluded.

“There isn’t a proof that the Metropolis Clerk took any steps to research the uncounted ballots as soon as they had been dropped at her consideration,” the fee wrote. “The proof demonstrates that the Metropolis Clerk started her trip on November 13 after which had little to do with the supervision of her workplace till nearly a month later.”

The draft report follows a months-long investigation into the 193 ballots that went lacking on Election Day. The ballots had been discovered over the following a number of weeks — a few of them earlier than remaining certification of outcomes — however had been by no means counted. Fee Chair Ann Jacobs, a Democrat, collectively led the investigation alongside Republican commissioner and former Chair Don Millis.

For months, Madison election officers have been saying that the ballots that went uncounted had been delivered to 2 polling websites however weren’t unopened. However the fee discovered no proof the poll baggage had been ever delivered. A chief inspector at one web site testified he was assured there was no unopened bag within the provide cart despatched to his ward.

The errors have already prompted vital adjustments in Madison’s election processes. Officers have overhauled poll monitoring procedures, which Madison and Dane County leaders say ought to stop a repeat of the 2024 mistake.

Nonetheless, the fee emphasised “it’s important that the general public understands what has occurred, in order that municipalities all through the state can overview their very own processes and make sure that they too don’t discover themselves on this very unlucky scenario.”

The fee’s sharp criticism prolonged past Witzel-Behl, noting that “the workers of the Metropolis Clerk’s workplace did not take any motion concerning these ballots.”

Deputy Clerk Jim Verbick mentioned that his post-election involvement was “minimal” and that he didn’t suppose it was his job to do something concerning the lacking ballots, the fee’s findings state.

“Nevertheless, he didn’t try to talk to the Metropolis Clerk concerning the matter,” the overview continues. “There was no one who took accountability for these ballots. It was at all times another person’s job.”

Madison Interim Clerk Mike Haas mentioned in a press release that town is reviewing WEC’s report and that he hopes that it could present classes that stop comparable errors sooner or later. He didn’t reply to a request for additional remark.

Former clerk violated legal guidelines, gave contradictory statements

The report targeted on lapses in coaching by the clerk’s workplace. For instance, it mentioned, Witzel-Behl saved absentee ballots in inexperienced courier baggage, however didn’t point out that in ballot employee coaching, and the baggage weren’t labeled as carrying absentee ballots. She additionally failed to coach ballot staff that absentee ballots is also saved in crimson safety carts, which the fee mentioned contributed to the ballots going uncounted. That lack of coaching broke state regulation, the fee said.

The fee additionally discovered that Witzel-Behl violated a regulation requiring her to oversee absentee poll dealing with. In her deposition, she “couldn’t reply primary questions on absentee poll dealing with procedures in her workplace.”

The fee’s report highlights contradictions between Witzel-Behl’s actions in workplace and deposition testimony. Though she claimed to not know concerning the uncounted ballots till December, the fee mentioned she messaged an election employee in late November with directions on find out how to deal with the primary batch of uncounted ballots.

Upon studying of the lacking ballots in November, the fee mentioned, Witzel-Behl ought to have alerted town lawyer, the County Board of Canvassers and the fee and instantly investigated her workplace’s procedures — however she didn’t.

The fee additionally alleged she violated legal guidelines by printing pollbooks too early, failing to supervise ballot staff and inadequately making ready for town’s overview of election outcomes.

Draft findings embody a number of orders for Madison compliance

The report lists draft suggestions that the commissioners will vote on at their July 17 assembly. These embody requiring the Madison Clerk’s Workplace to create a plan detailing which worker oversees which process; printing pollbooks no sooner than the Thursday earlier than every election; clearly labeling and monitoring the baggage carrying absentee ballots; checking all poll baggage and drop containers earlier than town finalizes election outcomes; and explaining the way it’s going to adjust to every of the orders.

Witzel-Behl’s workplace printed pollbooks for the 2 affected wards on Oct. 23 — almost two weeks earlier than Election Day — regardless of state steering to print them as near the election as doable.

Had they been printed later, absentee voters whose ballots had already been returned would have been marked mechanically, alerting ballot staff that these ballots had been in hand however not but counted. 

However printing pollbooks no sooner than the Thursday earlier than an election might be difficult, mentioned Claire Woodall, who was previously Milwaukee’s prime election official. Cities like Madison and Milwaukee should print tens of hundreds of pollbook pages, typically utilizing personal printers, and distribute them to chief inspectors.

“It looks as if you’re speeding a course of” with the Thursday requirement, Woodall mentioned. “The very last thing you need is for voters to point out up at 7 a.m. and uncover you don’t have the proper pollbook.”

Alexander Shur is a reporter for Votebeat primarily based in Wisconsin. Contact Shur at ashur@votebeat.org.

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