Madison, Wisconsin, blew probability to get lacking ballots counted

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Of the almost 200 uncounted ballots that Madison metropolis clerk’s workers found after Election Day, about 70 might need gotten counted if the workers members had promptly alerted the county. 

The clerk’s workplace workers didn’t discover 125 of the uncounted ballots till Dec. 3 — after the state already licensed the election. However the workers discovered 68 of them effectively earlier than that, on Nov. 12, the identical day Dane  County licensed the election. If the clerk’s workplace had reported the lacking votes to the county inside a couple of days, the county election board might have petitioned the Wisconsin Elections Fee to amend its outcomes to incorporate these ballots.

Kevin Kennedy, previously the state election chief for over 30 years and a chief inspector at a Madison polling website not related to the errors, stated the county canvass, or official rely, might have been reopened at that time if officers had recognized about the issue. 

“From my perspective, you discover the ballots, you inform the town lawyer. The town lawyer goes to advise you to inform the mayor and to succeed in out to the county board of canvassers,” Kennedy stated. “That’s what ought to have occurred as soon as they had been found.”

Informing the town lawyer on this case might have been particularly useful: Madison’s metropolis lawyer, Mike Haas, was previously the administrator of the Wisconsin Elections Fee and is regarded by some as one of many state’s prime election attorneys.

In a letter to the state election fee, obtained by Votebeat, Madison Clerk Maribeth Witzel-Behl claimed she “believes” someone from her workplace did, actually, inform the Dane County Clerk’s Workplace in regards to the ballots on Nov. 12.

On that day, Witzel-Behl stated, an worker recognized as “worker F” “believes he spoke to the Dane County Clerk in his workplace however can not bear in mind what the Dane County Clerk stated,” although he was “sure” the dialog had taken place. The workplace was left with “a basic sense that the County wouldn’t need” the ballots that had been found that day.

Witzel-Behl didn’t provide extra info substantiating that interplay and thru a spokesperson stated she had nothing so as to add to the knowledge she shared with the elections fee.

However Dane County Clerk Scott McDonell stated he “strongly disagrees” with the town’s claims.

“Previous to the knowledge being launched publicly, my workplace and the Dane County Board of Canvassers had no communication with the Madison Metropolis Clerk’s Workplace concerning the invention of unopened absentee ballots,” he stated.

“I discover the declare {that a} dialog passed off, with out offering particulars about what was stated, obscure,” he continued. “If I had been instructed about 60 or extra uncounted ballots, I might have suggested that they speak to their metropolis lawyer, who’s an election skilled.”

“The irritating a part of this entire state of affairs is {that a} repair permitting a number of the ballots to be counted was fairly easy,” he stated. “An error of this dimension is extraordinarily unlucky, and I fear it’s going to make it tough for voters to belief their potential to solid an absentee poll in future elections. I’ll work to do no matter I can on my half to assist guarantee our municipal companions know what to do if an identical state of affairs happens sooner or later.”

State legislation outlines what Madison might have finished

Beneath state legislation, if the Dane County Board of Canvassers — the entity that certifies elections on the county stage — turns into conscious of a mistake, it may well ask the Wisconsin Elections Fee for permission to amend the county outcomes. The window for such a correction stays open till the fee receives each different county’s certification, which on this case didn’t occur till Nov. 18, a number of days after Madison workers discovered the 68 ballots. 

Different provisions may enable the election fee to require the county to appropriate its canvass, stated Bree Grossi Wilde, government director of the State Democracy Analysis Initiative on the College of Wisconsin Legislation College. Wisconsin legislation seems to permit for the “potential to make a correction” if the county board of canvassers or the Wisconsin Elections Fee turns into conscious of an error, she stated.

As an alternative, the 68 Madison ballots went uncounted and unreported for weeks. Metropolis election workers had been beneath the impression that the ballots couldn’t be counted except there was a recount, Witzel-Behl stated in December.

“They need to have requested somebody,” stated Ann Jacobs, a Democratic member on the Wisconsin Elections Fee.

Workers within the metropolis clerk’s workplace apparently didn’t report the poll discovery to non-election metropolis workers or any exterior election company till Dec. 18, once they instructed the Wisconsin Elections Fee. The fee instructed metropolis workers, and the mayor’s workplace quickly after disclosed the oversight to the general public. By that time, the window to make any of these ballots rely towards the election had all however closed. The 193 ballots weren’t tallied till a Jan. 10 metropolis election board assembly, although none of these ballots counted towards any official election outcomes. Madison voters solid over 174,000 ballots within the November election, and the 193 votes wouldn’t have modified any election end result. 

At that assembly, Witzel-Behl addressed the shortage of metropolis processes that seemingly contributed to the ballots going lacking on Election Day and stated there could be new procedures for metropolis election workers and ballot employees to stop a recurrence. 

However at that assembly, Witzel-Behl didn’t clarify why her workplace didn’t talk with metropolis workers or the county instantly after the ballots had been found, or determine insurance policies to speak future errors faster.

She instructed Votebeat on Jan. 14 that she’s nonetheless growing particular insurance policies.

Kennedy, the previous state election chief, stated having clear directions in place from the state would have made a distinction. The election fee “wants to put out some expectations so that everyone within the state, each municipal clerk and county clerk is aware of, ‘When you’ve got an issue, that is what we count on you to do,” he stated. 

Lapse raises doubts for voters

Right here’s what we all know to this point about what occurred:

At a polling website in Ward 56, simply west of downtown, election officers didn’t open two giant service envelopes used to move absentee ballots from the clerk’s workplace to polling websites, the place they’re tabulated. These two envelopes contained a complete of 125 ballots, which had been found on Dec. 3. 

At one other website, ballot employees at Ward 65 didn’t open a service envelope carrying 68 absentee ballots, together with one poll that ought to have been despatched to a special polling place. That batch was discovered on Nov. 12, and it’s not clear what steps the clerk’s workplace took after the invention.

There are two clear points that arose from the uncounted ballots, Kennedy stated. One is the matter of course of and communications. Ballot employees didn’t rely the ballots, and metropolis workers took a very long time to search out them, however nonetheless didn’t report having discovered them. 

The opposite is the influence on the voters who solid these ballots. “It’s nonetheless private to them” that their votes didn’t get counted, Kennedy stated, even when they wouldn’t have modified any election outcomes.

Amongst these voters was Carol Troyer-Shank, who obtained an apology letter from the town in regards to the error. 

“It’s so humorous, as a result of I’ve been a reluctant early voter just because I imagined such a factor taking place,” she stated. “It’s too unhealthy this needed to occur, but it surely’s not a large enough deal to lose sleep over. I’m glad the town is apologizing, and I’m glad the town is taking steps to verify it doesn’t occur once more.”

Troyer-Shank stated she should still vote early sooner or later. However she added that there stay excellent questions on what led to 193 ballots, together with hers, going uncounted on Election Day.

“We nonetheless don’t know what went incorrect,” she stated. “We nonetheless don’t know why they had been uncounted on the websites.”

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

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