The Wisconsin Elections Commission ordered Madison election officials to follow several specific election procedures to ensure that ballots don’t go missing again in the capital city, rejecting arguments by the interim clerk that the orders may exceed the agency’s legal authority. 

The commission’s 5-1 vote Friday came a month after it withheld a first set of proposed orders amid pushback from Madison and Dane County officials and asked the city to propose its own remedies. Madison interim Clerk Mike Haas said the specificity of the commission’s original proposed orders “would set a troubling precedent.”

The city did submit its proposals, but the commission rejected them as overly broad and finalized orders that were largely similar to the ones it proposed in July, with some minor revisions, including citations of the legal basis for each order.  

The orders require Madison officials to create an internal plan detailing which election task is assigned to which employee; print pollbooks no earlier than the Tuesday before each election; develop a detailed record to track absentee ballots; and search through election materials for missing ballots before the city’s election canvassing board meets to finalize results.

The WEC action responds to lapses by the Madison clerk’s office, then headed by Clerk Maribeth Witzel-Behl, after the November 2024 presidential election, when staffers lost track of 193 ballots and did not report finding them until well past the state deadline for counting. The commission launched its investigation into the matter in January.

Clerk’s cookie baking factored into commissioners’ discussion

During discussions ahead of the vote, Commissioner Don Millis, a Republican, cited Votebeat’s reporting that Witzel-Behl spent a long post-election vacation at home — not on an out-of-state trip, as he had believed — baking thousands of cookies when some lost ballots were discovered. That, he said, factored into his vote for stricter orders.

“She couldn’t be bothered to turn off the oven, to come to the office to figure out if the Ward 65 ballots could be counted,” he said. “The failure to mention that the clerk was readily available to address this issue, along with the fact that none of the city officials we depose felt it was their job to get the ballots counted, makes me even more determined that the Commission must impose the directions in our order.”

Similarly, commission Chair Ann Jacobs, a Democrat, said it was “peculiar” that clerk’s office staff never told commissioners during their monthslong investigation that they rented cars on city time to deliver cookies after the ballot discovery. 

Those deposed “were all part of the cookie crew,” she said ahead of her vote. “Why didn’t they tell us about that? Why didn’t the city of Madison ever mention this? Why did nobody bring this up?” 

In a memo circulated ahead of the meeting, commission staff said the scope of the error “warrants a detailed order from the Commission correcting (Witzel-Behl’s) office’s policies and procedures, and ensuring those issues are actually fixed before the next statewide election.”

Haas, who was formerly the commission administrator, disagreed with the original proposed orders. He said the commission’s authority “does not extend to requiring the future implementation of specific procedures in excess of those required in the statutes.”

But commission staff pushed back, calling it “unreasonable and absurd” to read state law as barring the commission from ordering specific remedies.

In some cases, the commissioners made the requirements more stringent than what Madison proposed, but more lenient than the commission’s originally proposed orders.

For example, one order the commission initially proposed would have required Madison to print pollbooks no sooner than the Thursday before Election Day, despite state law calling on officials only to have the “most current official registration list.” Haas requested an order more in line with what state law outlines, printing the ballots as close to Election Day as possible.

The final order sets the deadline for printing pollbooks on the Tuesday before Election Day — two days earlier than first proposed — and requires that they be delivered no later than the Friday before the election.

Witzel-Behl’s office printed pollbooks for the two wards that lost ballots on Oct. 23, nearly two weeks before Election Day. The commission said printing that early made it harder for officials to track absentee ballots returned before Election Day and harder for poll workers to see how many ballots went uncounted.

Interim clerk’s objections to the commission’s order

Haas, who took over as interim clerk after Witzel-Behl was suspended in March, told Votebeat on the Tuesday ahead of the meeting that it was “way too early” to think about whether Madison would appeal the commission’s orders in court. In a statement after Friday’s vote, he said he was grateful that the commission altered some orders after the city’s feedback.

“The question is which level of government is best suited and authorized to determine specific procedures that work for the municipality in going above and beyond what the statutes require,” he told Votebeat. “We look forward to working with the Commission to ensure compliance with state law.”

Mark Thomsen, a Democratic commissioner, said he wasn’t comfortable with the agency beating up on Madison over mistakes made under a former clerk when a new permanent clerk hasn’t yet been hired.

At the meeting, Thomsen said he was uncomfortable imposing burdens on a new clerk that “no one else has to follow.”

“This order seems spiteful, and I don’t want to go there,” he said, before casting the lone dissent. Republicans Millis, Bob Spindell and Marge Bostelmann joined Democrats Carrie Riepl and Jacobs in approving the orders.

State law allows the commission to “require any election official to conform his or her conduct to the law, restrain an official from taking any action inconsistent with the law or require an official to correct any action or decision inconsistent with the law.”

Many of the orders, such as assigning specific staff to each election task, are not explicitly mentioned in statute.

Addressing claims that the orders were too detailed, commission staff attorney Angela O’Brien Sharpe said, “If the Legislature intended for the commission to only be able to issue general orders, they would have written a law to say just that.”

In a statement following the vote, Madison Mayor Satya Rhodes-Conway said the city is reorganizing the office to improve efficiency and accountability.

“We appreciate the Wisconsin Elections Commission considering our input and amending its orders to reflect that feedback,” she said. “I hope the WEC’s investigation can help inform best practices for election clerks around the state.” 

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

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin Elections Commission finalizes specific orders for Madison to follow to avoid ballot errors is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

An absentee ballot drop box in Madison, where officials lost and failed to count nearly 200 absentee ballots in the 2024 presidential election.

The Wisconsin Elections Commission voted 5-1 on Friday to institute its order against the city of Madison requiring that city officials make a number of changes to absentee ballot processes after the city lost and failed to count nearly 200 ballots during the 2024 presidential election. 

The Madison city clerk’s office told the elections commission in a memo Dec. 20 about the lost ballots from two Madison wards. A bag containing 68 unprocessed absentee ballots from two wards was found Nov. 12 in a tabulator bin, the memo stated. During reconciliation of ballots on Dec. 3, clerk employees found two sealed envelopes containing a total of 125 unprocessed absentee ballots from another ward. The discovery of the missing ballots was announced to the public Dec. 26. 

The missing ballots were not enough to change the result of any local, state or federal elections.

WEC launched an investigation into the error. In a report released last month, WEC found that “confluence of errors” and a “complete lack of leadership” in the city clerk’s office led to the ballots going missing. 

The investigation report also proposed a number of requirements for the city to improve its systems for tracking and counting absentee ballots. Those requirements constituted the order the commission approved on Friday. 

Among other things, the order requires the city to develop an internal plan delineating which employee is responsible for statutorily required tasks, print poll books no earlier than the Thursday before elections, change the absentee ballot processing system so bags and envelopes aren’t lost, update instructional materials for poll workers and complete a full inspection of all materials before the scheduled board of canvassers meeting after an election.

Commissioners followed through with enacting the order after interim City Clerk Michael Haas had sent a letter to the commission, requesting that the provisions of the order be made more broad and suggesting that the commission does not have the authority to enforce such changes to local election practices against just one municipality. 

“Individually-tailored orders for jurisdictions across the state also runs the risk of increasing, rather than decreasing, inconsistency of local election practices,” Haas wrote in an Aug. 6 letter to the commission. “If the Commission truly wishes to dictate the staffing, workflow, and procedures of municipal clerks at such a granular level, a regulatory guidance or rule-making that applies to all jurisdictions and that allows for thoughtful input by local election officials makes far more sense and is likely required.” 

In the letter, Haas wrote that the requirements of the WEC order were drafted in a vacuum from the city’s already existing election processes; that they give no end date or flexibility to election law changes made by the courts, Legislature or WEC itself; don’t address the logistic specifics of running an election in the state’s second largest city and don’t provide statutory reasons for the required changes. 

At the meeting Friday, Democratic Commissioner Mark Thomsen was the only member to vote against enacting the order. Thomsen argued that the order seemed “spiteful.” He said the city administered the 2025 spring election with no issues and that it still doesn’t have a permanent city clerk, so whoever is hired will be hamstrung by an order made because of actions they had nothing to do with. 

“I don’t think it’s fair to burden the new clerk with a set of orders that all the other clerks recognize no one else has to follow,” Thomsen said. “It is absolutely tragic that 193 people’s votes weren’t counted. They have separate legal remedies now. We have done what we needed to do. We’ve done an investigation, we’ve laid it out, and I do not think we should do a power grab and create burdens on the new clerk, whether or not we can exercise it.” 

But the supporters of the order said that not imposing it would mean letting the city off without being held accountable. Commission chair Ann Jacobs, a Democrat, noted that even though former Clerk Maribeth Witzel-Behl resigned after the incident, many staff involved in losing the ballots remain in the clerk’s office. 

“I think we need to order it also so that clerks across the state understand the level of seriousness that this commission takes with this,” Jacobs said. “The city needs to straighten out what happened here. And I don’t think there’s been sort of that reckoning yet.” 

Administrative rules 

The commission on Friday also reinstituted the administrative rulemaking process on a number of proposed rules that had been held up by a legislative committee. 

The Legislature’s Joint Committee for the Review of Administrative Rules (JCRAR) had previously suspended emergency rules written by WEC on a number of topics, including instructions for absentee voting and challenges to candidate ballot access. 

Last month, the Wisconsin Supreme Court ruled in Tony Evers v. Howard Marklein that JCRAR’s suspension of administrative rules amounted to an unconstitutional legislative veto. Under previous law, state agencies weren’t allowed to promulgate a permanent rule on a topic in which the committee had previously struck down an emergency rule. After the court’s ruling, WEC can once again start the rulemaking process. 

The commission voted to restart the process of establishing rules for challenging candidate nomination papers, challenging declarations of candidacy and mandating that local clerks use a uniform set of rules for absentee ballots.

In an increasingly tough housing market, a University of Wisconsin program seeks to give renters a leg up in their search for safe, affordable housing by educating them about the process and improving their standing with landlords. 

Rent Smart, a free, six-module course developed by the University of Wisconsin-Madison Division of Extension, covers the essentials of renting — everything from what’s affordable, what to look for during an apartment inspection and what to ask a landlord while applying. 

“How do we create a really good business relationship between tenants and landlords? I think Rent Smart can help with that,” said Todd Wenzel, a UW-Madison Extension human development and relationships educator in Winnebago County and one of two state co-chairs of the program.

The program aims to serve a variety of people, from high school students and incarcerated individuals to people in homeless shelters. The interactive classes are accessible online, and they include “Train the Trainer” opportunities for professionals who want to educate renters in their own communities.

Successful participants receive a certificate outlining the modules they’ve completed. It can help renters stand out in cases when landlords receive dozens of applications for a single unit, Wenzel said.

Out of 462 people who completed the program and took a survey, 98% said they believed it “will or might help them obtain appropriate housing.” Meanwhile, 84% of those who moved after completing the course said their new housing was safe, more affordable and/or better quality.

For many participants — particularly those facing access issues, Rent Smart is their introduction to how the rental system works.

“Rent Smart (is) helping create potentially a better applicant pool of individuals,” Wenzel said. “Doesn’t matter if you’re 18 or you’re 80, or you’ve had an eviction, or you’ve been incarcerated — you have that knowledge that not only is going to help you as a tenant, but it is actually going to help the landlord.”

Patrick Leifker, executive director of the Brown County Housing Authority, said the hope is that landlords who see an applicant’s Rent Smart completion certificate will recognize the effort they’ve put in, whether that means overlooking past evictions or other challenges that might otherwise disadvantage the renter.

Rent Smart offers classes on Zoom 10 months out of the year. The remaining two months are dedicated to teaching people to administer the program locally, expanding the program’s reach. 

That’s what’s happening in Brown County, where Rent Smart trainers are working on making the curriculum more accessible. Previously, most Brown County trainers offered training only within their own organizations, Leifker said. Now, trainers are offering the classes to the broader public.

Rent Smart: just part of the housing solution 

Leifker believes programs like Rent Smart can promote housing stability for Brown County residents who most need it. 

Brown County, like many Wisconsin communities, is seeing housing prices and homelessness rise. 

Wisconsin’s Fair Market Rent for a two-bedroom apartment reached $1,204 this year, an increase of nearly 7% from 2024, according to a National Low Income Housing Coalition report released in July. Fair Market Rents estimate a typical amount a household moving today would pay for a “modest, decent-quality rental home,” according to the report.

Brown County residents must earn $22.06 per hour to afford Fair Market Rent, the report found. It’s the ninth highest wage among counties in Wisconsin, up from 12th highest in 2024.

Meanwhile, Brown County’s annual summer point-in-time count of people experiencing homelessness on a single night on July 23 identified 123 unsheltered people on the streets, a preliminary figure that does not include people in homeless shelters. That was up from 31 people counted in July 2019, according to the nonprofit Wisconsin Balance of State Continuum of Care. The figures are widely viewed as an undercount of the true homeless population.

Worsening housing challenges have prompted several Brown County organizations to step in, with some turning to renter education and landlord engagement.

Efforts to educate landlords, too 

The outreach includes making sure landlords understand what to expect when renting to housing assistance recipients.

Much of this work traces back to the formation of a landlord engagement work group as part of a broader plan to tackle homelessness in the region. The workgroup is now part of the Brown County Homeless and Housing Coalition. It allows landlords to share real-time feedback on what’s working and what isn’t. 

“For a long time … we knew that we needed each other,” Leifker said. “They needed us to help their tenants ensure that the rent was being paid on time. We knew we needed them for places for our renters to live, but it was really kind of almost on two parallel lines and we never intersected.”

Bill Paape, city of Green Bay inspection supervisor, brings his guidance to the work group, helping answer questions about inspection processes and procedures. 

The city, in partnership with the police department, hosts regular landlord training sessions that bring together speakers from various departments to support both new and experienced landlords. These sessions aim to address issues created by what he described as evolving housing needs and economic shifts.

“Housing is very tough to come by in certain areas, depending on the housing types and the affordability part of it,” Paape said. “So it’s trying to brainstorm what we can do together to make it easier on everybody.”

Still, more is needed to help renters and landlords stay afloat, starting with addressing the root causes of the housing crisis, said Rick Van Der Leest, president of the Apartment Association of Northeast Wisconsin and Fox Valley Apartment Association. Programs are needed that help tenants pay their rent, rather than just delay eviction. 

“Owners cannot be successful without our residents also being successful,” Van Der Leest said.

How to access Rent Smart

Brown County is offering in-person Rent Smart sessions on Thursdays throughout August, with details about September sessions to be later made available. Those interested in registering can find more information on the Brown County UW Extension website or call 920-391-4610. 

People across Wisconsin can find more information about online Rent Smart courses by visiting the UW Extension website.

Rent Smart training helps tenants navigate Wisconsin’s housing crunch is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Members of the Wisconsin Elections Commission expressed alarm Thursday at how much time former Madison Clerk Maribeth Witzel-Behl spent on vacation while a crisis was erupting in her office: the discovery of 193 missing ballots from the November 2024 election that never got counted.

In its 400-page investigative report, finalized at a meeting by a 5-1 vote, the commission said that Witzel-Behl began her vacation in mid-November, days after the election, “and then had little to do with the supervision of her office until almost a month later.” No staffers took responsibility during the extended absence, the commission chair, Democrat Ann Jacobs, complained before the vote. The missing ballots were not reported to the commission until mid-December. 

Records obtained by Votebeat provide some clarity into what Witzel-Behl was doing around the time: baking thousands of cookies and calling on her staff to help deliver them.

Most of that activity began after Dec. 2, when the second batch of uncounted ballots was found.

These records have not been publicly reported and were not included in the investigative report finalized Thursday.

“This is remarkable,” Republican Commissioner Don Millis said when Votebeat showed him some of the findings. “None of the witnesses we deposed disclosed her cookie staycation.”

After approving the report, the commission voted 4-2 to delay action on proposed corrective orders after city and county officials argued that the requirements were overly specific and exceeded state law. The city now has until Aug. 7 to provide a more complete response to the recommendations, and a follow-up meeting has been scheduled for Aug. 15.

Witzel-Behl didn’t respond to a request for comment. 

‘Cookie extravaganza’ featuring ‘100 different types’

Emails show that Witzel-Behl took time off for all or part of 17 days between Nov. 11 and Dec. 6 and said, according to an event invite, that part of it was for “devoting a staycation to baking.” 

Beginning in November, she invited city staff and election officials in Madison to what some staff called a “cookie extravaganza” held on Dec. 7, a Saturday, to help decorate cookies and take some home for their families. She baked “100 different types” of cookies, the invite said.

According to the commission, Witzel-Behl knew about the first batch of ballots on Nov. 12. That was well before the cookie event.

The second batch of uncounted ballots was discovered on Dec. 2 by office staff. Witzel-Behl was out of the office that day and for the rest of that week. She told the commission she learned of the second batch of ballots on Dec. 10. “While on vacation, she did not inquire of her staff whether there were absentee ballots in the bag,” the report reads. 

On Dec. 10, she sent an email to three staffers, including Deputy Clerk Jim Verbick, saying she’d reserved three cars for cookie deliveries. “Maybe each of you can make at least one cookie delivery to a library,” she wrote. 

She also arranged additional deliveries and rented more cars for later the following week, an email sent Dec. 13 shows. “We still have several packages of cookies, so feel free to pick a few agencies for another delivery,” she suggested to 16 staffers across her office and other city departments the same day.

“I had assumed — obviously erroneously — the clerk was vacationing in some faraway place,” Millis told Votebeat, denouncing Witzel-Behl for not personally managing the discovery of the uncounted ballots.

The clerk’s staff didn’t tell the commission about the missing ballots until Dec. 18. By that point, the state had already certified the election and the missing ballots couldn’t have counted.

‘She worked her ass off’ — on the cookies

Jacobs said before the vote that she was surprised by Witzel-Behl’s “complete lack of action” during the relevant time period. Marge Bostelmann, a Republican appointee on the commission and the former longtime Green Lake County clerk, said that even if she had been on vacation in such a situation as a county clerk, she would have remained accessible if urgent questions arose.

Commissioner Bob Spindell, a Republican, was the lone dissenter on the vote to approve the report, saying he didn’t want Witzel-Behl to be “crucified.”

One person close to the Madison Clerk’s Office, who requested anonymity to speak candidly, told Votebeat that the task of making thousands of cookies and arranging deliveries “became all-consuming” for Witzel-Behl. “You could see how she was not focused on getting through reconciliation or whatever.”

“For some people, baking is calming,” that person continued. “It seemed like she needed a break. But then she worked her ass off (on the cookies). It was a huge operation.” 

Between early and mid-December, city employees from a variety of departments thanked Witzel-Behl for her cookies. It’s not clear how many cookies she ultimately made.

On Dec. 16, one person in the city’s transportation department sent a clerk’s office staffer an email asking, “Are these cookies for the entire first floor? The entire building? The entire universe?”

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

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Madison clerk was on a cookie-baking staycation as missing-ballot mess unfolded is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

A 2024 provision under the Health Insurance Portability and Accountability Act (HIPAA) protects reproductive health information from disclosure to law enforcement when care was legally obtained, such as in another state with abortion access. (Photo by Dave Whitney/Getty Images)

Two pending lawsuits over a 2024 federal rule protecting certain reproductive health information from disclosure are on hold while the Trump administration decides whether to appeal a Texas judge’s June decision that declared the rule unlawful and void.

U.S. District Judge Matthew Kacsmaryk issued an opinion nullifying the federal rule that shielded reproductive health information from law enforcement when care was legally obtained, such as in another state with abortion access. In this case, Dr. Carmen Purl argued that the U.S. Health and Human Services rule conflicted with the laws requiring her to report child abuse. Purl said in court documents she believes abortion and gender-affirming care fall under the definitions of child abuse.

Purl lives in the judicial district where Kacsmaryk — who has taken anti-abortion stances in the past — is the only judge. His ruling applied nationwide and took effect immediately.

Without the rule, law enforcement officials in states with abortion bans may issue subpoenas for records related to reproductive health care obtained legally in another state, as some have already recently tried to do. According to health policy nonprofit KFF, 22 states and the District of Columbia have laws limiting what reproductive health information can be obtained, but others with legal abortion access do not, such as New Hampshire and Virginia.

Abortion-rights advocates say it’s largely an intimidation tactic meant to sow fear in patients and providers. Since the Dobbs decision in 2022,  anti-abortion attorney Jonathan Mitchell filed nine petitions in Texas seeking to legally question abortion funds, providers and researchers, and two individual women who sought abortions in other states, according to the Texas Tribune.

Carmel Shachar, a Harvard law professor who has extensively researched data privacy and health policy, said it’s possible for a patient to travel to a state with legal access and have that information stored in their medical records that is shared with their providers back home.

“Without the reproductive privacy rule, the concern will be, ‘OK, will some of these states that have taken a very strong stance against abortion be able to pinpoint where residents of their states travel to receive abortion care?’” Shachar said.

Tennessee plaintiffs push for separate ruling after Texas decision

Two lawsuits challenging the legality of the rule are frozen at least until the government’s Aug. 18 deadline to appeal. One case is in Missouri, and Texas Attorney General Ken Paxton filed the other. Paxton’s office had also challenged the legality of the underlying privacy rule or HIPAA established in 2000, which could have opened more avenues for state investigations if a judge agreed to throw it out. But according to recent court filings, the state is no longer asking the court to do that.

A Tennessee lawsuit includes 17 other states that heavily restrict or ban abortion as plaintiffs. Their attorneys general asked the court to find the 2024 rule unlawful because they said it impedes their right to investigate cases of waste, fraud and abuse. In the most recent court brief, attorneys for Tennessee Attorney General Jonathan Skrmetti said the case can still be decided by U.S. District Judge Katherine Crytzer, an appointee of Republican President Donald Trump.

Until judgment is affirmed on appeal and no further appellate review is available or the deadline to appeal passes, “the plaintiff states’ claims remain live and ready for this court to resolve,” the brief said.

Legal organization continues attempts to intervene so they can appeal

The Health Insurance Portability and Accountability Act (HIPAA) allows law enforcement to obtain health information for investigation purposes. But the addition of the 2024 provision under former Democratic President Joe Biden prohibited disclosure of protected health information in investigations against any person for the mere act of seeking, obtaining, or facilitating reproductive health care, to impose criminal or civil liabilities for that conduct, or to identify the person involved in seeking or obtaining that care. It also applied to gender-affirming care.

The U.S. Department of Justice did not respond to a request for comment. Whether it appeals Kacsmaryk’s ruling is in question, as the Justice Department under Trump did not address whether it thought the 2024 rule was proper and lawful prior to Kacsmaryk’s decision. Attorneys instead said they were reviewing the rule but had no other updates. In the Missouri and Tennessee cases, DOJ attorneys have argued for dismissal for other legal reasons, but also have not defended the 2024 rule itself.

In March, the DOJ dropped the case that argued the federal law mandating stabilizing emergency care should apply to those who need emergency abortion care. And in early June, U.S. Health and Human Services rescinded guidance that said that care should be required in emergencies.

Attorneys for Democracy Forward, a nonprofit legal organization, are representing Doctors for America and the cities of Columbus, Ohio, and Madison, Wisconsin, and attempted to intervene in the case because they did not expect the government to defend the rule. If they were allowed to intervene, they could appeal Kacsmaryk’s opinion striking down the rule regardless of the Trump administration’s decision.

Kacsmaryk denied their motion, while a decision in the other three cases is pending. Carrie Flaxman, senior legal adviser for Democracy Forward, said they have appealed that denial to a higher court. Given that the Department of Justice attorneys chose not to defend the rule on the merits in court proceedings, Flaxman said, she thinks they have a good argument for appeal.

Repealing the rule was a directive in Project 2025, the blueprint document for the next presidential administration published by the conservative Heritage Foundation. Several prominent anti-abortion organizations were part of the panel that drafted Project 2025, and many of the individuals involved in writing the 900-page document now work for the Trump administration.

Former Madison Clerk Maribeth Witzel-Behl violated multiple state laws when her office failed to count nearly 200 absentee ballots in the 2024 presidential election, according to a draft report released Wednesday by the Wisconsin Elections Commission. 

The commission cited a lack of leadership in the clerk’s office, referring both to Witzel-Behl and the deputy clerk who assumed control during her vacation shortly after the election.

Witzel-Behl, who was put on leave by the city after the error and then resigned, broke state law by failing to supervise absentee ballot handling, neglecting post-election processes, and by not training poll workers to check the bags used to transport ballots, the commission concluded.

“There is no evidence that the City Clerk took any steps to investigate the uncounted ballots once they were brought to her attention,” the commission wrote. “The evidence demonstrates that the City Clerk began her vacation on November 13 and then had little to do with the supervision of her office until almost a month later.”

The draft report follows a months-long investigation into the 193 ballots that went missing on Election Day. The ballots were found over the next several weeks — some of them before final certification of results — but were never counted. Commission Chair Ann Jacobs, a Democrat, jointly led the investigation alongside Republican commissioner and former Chair Don Millis.

For months, Madison election officials have been saying that the ballots that went uncounted were delivered to two polling sites but weren’t unopened. But the commission found no evidence the ballot bags were ever delivered. A chief inspector at one site testified he was confident there was no unopened bag in the supply cart sent to his ward.

The errors have already prompted significant changes in Madison’s election processes. Officials have overhauled ballot tracking procedures, which Madison and Dane County leaders say should prevent a repeat of the 2024 mistake.

Still, the commission emphasized “it is essential that the public understands what has occurred, so that municipalities throughout the state can review their own processes and make certain that they too do not find themselves in this very unfortunate situation.”

The commission’s sharp criticism extended beyond Witzel-Behl, noting that “the staff of the City Clerk’s office failed to take any action regarding those ballots.”

Deputy Clerk Jim Verbick said that his post-election involvement was “minimal” and that he didn’t think it was his job to do anything about the missing ballots, the commission’s findings state.

“However, he did not attempt to speak to the City Clerk about the matter,” the review continues. “There was nobody who took responsibility for these ballots. It was always someone else’s job.”

Madison Interim Clerk Mike Haas said in a statement that the city is reviewing WEC’s report and that he hopes that it can provide lessons that prevent similar errors in the future. He did not respond to a request for further comment.

Former clerk violated laws, gave contradictory statements

The report focused on lapses in training by the clerk’s office. For example, it said, Witzel-Behl stored absentee ballots in green courier bags, but didn’t mention that in poll worker training, and the bags weren’t labeled as carrying absentee ballots. She also failed to train poll workers that absentee ballots could also be stored in red security carts, which the commission said contributed to the ballots going uncounted. That lack of training broke state law, the commission stated.

The commission also found that Witzel-Behl violated a law requiring her to supervise absentee ballot handling. In her deposition, she “could not answer basic questions about absentee ballot handling procedures in her office.”

The commission’s report highlights contradictions between Witzel-Behl’s actions in office and deposition testimony. Although she claimed not to know about the uncounted ballots until December, the commission said she messaged an election worker in late November with instructions on how to handle the first batch of uncounted ballots.

Upon learning of the missing ballots in November, the commission said, Witzel-Behl should have alerted the city attorney, the County Board of Canvassers and the commission and immediately investigated her office’s procedures — but she didn’t.

The commission also alleged she violated laws by printing pollbooks too early, failing to oversee poll workers and inadequately preparing for the city’s review of election results.

Draft findings include several orders for Madison compliance

The report lists draft recommendations that the commissioners will vote on at their July 17 meeting. These include requiring the Madison Clerk’s Office to create a plan detailing which employee oversees which task; printing pollbooks no earlier than the Thursday before each election; clearly labeling and tracking the bags carrying absentee ballots; checking all ballot bags and drop boxes before the city finalizes election results; and explaining how it’s going to comply with each of the orders.

Witzel-Behl’s office printed pollbooks for the two affected wards on Oct. 23 — nearly two weeks before Election Day — despite state guidance to print them as close to the election as possible.

Had they been printed later, absentee voters whose ballots had already been returned would have been marked automatically, alerting poll workers that those ballots were in hand but not yet counted. 

But printing pollbooks no earlier than the Thursday before an election could be challenging, said Claire Woodall, who was formerly Milwaukee’s top election official. Cities like Madison and Milwaukee must print tens of thousands of pollbook pages, often using private printers, and distribute them to chief inspectors.

“It seems like you’re rushing a process” with the Thursday requirement, Woodall said. “The last thing you want is for voters to show up at 7 a.m. and discover you don’t have the correct pollbook.”

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

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin Elections Commission alleges former Madison clerk broke laws is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

An absentee ballot drop box used by the city of Madison. (Wisconsin Examiner photo)

The Wisconsin Elections Commission found that the city of Madison failing to count nearly 200 absentee ballots cast in last year’s November election was the result of a “confluence of errors” and a “complete lack of leadership” in the city clerk’s office, according to a draft report of WEC’s investigation into the incident. 

The Madison city clerk’s office told the elections commission in a memo Dec. 20 about the lost ballots from two Madison wards. A bag containing 68 unprocessed absentee ballots from two wards was found Nov. 12 in a tabulator bin, the memo stated. During reconciliation of ballots on Dec. 3, clerk employees found two sealed envelopes containing a total of 125 unprocessed absentee ballots from another ward. The discovery of the missing ballots was announced to the public Dec. 26. 

The missing ballots were not enough to change the result of any local, state or federal elections.

WEC’s investigation into the matter was led by the commission’s chair, Ann Jacobs, a Democratic appointee, and Don Millis, the commission’s most recent Republican-appointed chair. The investigation took six months and involved 13 depositions and the review of more than 2,000 documents. 

The report on the investigation, which goes to the full commission for approval in a meeting next week, found five counts in which the city’s clerk, Maribeth Witzel-Behl, acted “contrary to” state election law. 

Witzel-Behl resigned from her position in April after nearly 20 years as city clerk. 

The investigation found that the city exposed itself to mistakes by printing the pollbooks for polling places — the log in which election staff records when a voter’s ballot has been received and counted — three weeks before Election Day. That time frame meant that by the time polls opened on Nov. 5, the record in the book of which voters had already returned their absentee ballot was out of date. 

Additionally, the city “failed to track absentee envelopes and bags” meaning that large manila envelopes and courier bags full of absentee ballots weren’t numbered and organized by ward. 

“This meant that the polling places would not know how many Courier Bags or Carrier Envelopes to expect and with what seal numbers,” the report states. “Had they been given those numbers, they would have been able to immediately know if they were short a bag or an envelope and could have immediately looked for the missing item.”

According to the report, the most likely explanation for the ballots not being counted at the polling places on Election Day is that they were never delivered to the polls. 

Much of the report is a blistering criticism of Witzel-Behl’s leadership and response to the missing ballots, particularly her decision to leave on vacation on Nov. 13 — while the city was still working through the ballot reconciliation process. 

“The lack of action by the City Clerk with regard to the found ballots is astonishing,” the report states. “She demonstrated no urgency, let alone interest, in including those votes in the election tally. At the time the Ward 65 ballots were found, the county canvass was continuing, and those ballots could have easily been counted. That would have required the City Clerk to take the urgent action that the situation demanded.” 

“Instead, she went on vacation and, per her testimony, never inquired about them again until mid-December,” the report continues. “There was nobody who took responsibility for these ballots. It was always someone else’s job. Rather than acknowledge these significant errors, the City Clerk and her staff either ignored the issue or willfully refused to inform the necessary parties and seek assistance. These actions resulted in nearly 200 lawful voters’ votes going uncounted – an unconscionable result.  This profound failure undermines public confidence in elections.”

The report found that Witzel-Behl potentially violated state law by abusing her discretion to run Madison’s elections, printing the pollbooks too early, failing to maintain records on the handling of absentee ballots, failing to properly oversee the staff responsible for counting the absentee ballots and failing to inform the city’s board of canvassers about the missing ballots. 

“It was the job of the City Clerk to immediately take action once notified about the found ballots, and she did nothing,” the report states. “It was the responsibility of the Deputy Clerk to take action in her absence, and he did nothing.  These ballots were treated as unimportant and a reconciliation nuisance, rather than as the essential part of our democracy they represent.”

If the report is approved by WEC, it will require Madison to certify it has taken a number of actions to correct the problems from November. Those requirements include developing an internal plan delineating which employee is responsible for statutorily required tasks, printing poll books no earlier than the Thursday before elections, changing the absentee ballot processing system so bags and envelopes aren’t lost, updating instructional materials for poll workers and completing a full inspection of all materials before the scheduled board of canvassers meeting after an election. 

WEC is scheduled to vote on the report’s findings at its July 17 meeting.

Editor’s note: A UW-Madison police officer is under investigation after a student journalist presented allegations the officer engaged in unsolicited text communications with students and offered to help students avoid underage drinking tickets.

Wisconsin Watch is not naming the officer because he hasn’t been formally disciplined or accused of a crime. The allegations in the following story are based on interviews with 11 students who all spoke on the condition of anonymity, partly for fear of retaliation, but also in order to discuss activities, such as underage drinking and possessing fake IDs, that could result in legal or disciplinary consequences.

***

At last October’s bustling homecoming football game at Camp Randall, a University of Wisconsin-Madison police officer approached a sophomore who recognized him from a recent safety presentation he had given at her sorority.

The officer struck up a conversation with the sophomore and her friends, eventually asking Kate — whose name is a pseudonym — for her phone number. 

“I don’t know why he needed my number in the first place,” Kate said. “Every time he would walk by us, he’d stop and talk to us — you know how they patrol the bleachers? — he was just always hanging out around us there.”

Minutes later the officer began texting Kate to ask if she and her friends wanted food from the concession stands. The group agreed.

“Free food!” Kate recalled thinking.

He texted again: “Hot chocolate next game (eyes emoji). If you’re nice,” according to text messages Kate shared from the officer.

After supplying the stadium snacks, the officer asked Kate to get coffee with him later that week.

Kate dodged the question, hoping to laugh it off and watch the game. But after the game ended, another text popped up at 11:47 p.m. that night asking if she had chosen her coffee spot yet. 

Kate texted her sorority chapter president and asked, “What should I do if (the officer) asked me to get coffee?”

The sorority president texted back, “Just don’t respond.” 

“I literally just never responded to that,” Kate said. “It got to the point where he was trying to go on dates … because I was nice to him, he took it too far and wanted to make it more.”  

Kate was not the only student to experience unprofessional interactions with the same officer. 

Accounts from 11 students, all of whom are affiliated with UW-Madison Greek organizations, describe how the same officer instigated texting relationships, asked female sources on coffee dates, relayed confidential police information to assist students in underage drinking and took students for rides in his squad car without first having them sign a liability waiver. Two male students interviewed for this story described their interactions with the officer positively, but female students viewed the contacts as inappropriate.

The officer’s behavior has persisted for at least four years, but was never the subject of a formal complaint, according to the UW-Madison Police Department. None of the students alleged the officer made any physical advances, and none agreed to go on a date with him.

“The UW-Madison Police Department became aware of the officer misconduct allegations when asked by the author for a comment for this article,” Assistant Chief Kari Sasso said in a statement. “We will review and investigate these claims as appropriate. There have been no formal complaints from community members, students or others regarding this officer. We hold our officers to the highest standards and take all allegations of officer misconduct seriously. We are committed to transparency and accountability within legal and policy boundaries.”

A spokesperson for UW-Madison Chancellor Jennifer Mnookin confirmed that an internal investigation is underway at UWPD.

The officer didn’t respond to a request for comment.

Gaining trust at safety presentations

The UW-Madison police officer serves as a downtown liaison community officer for an area that includes Langdon Street, where many of the university’s sorority and fraternity houses are located. 

Preliminary communication between the officer and students often began within the bounds of his job description. Student leaders reached out to set up semiannual safety presentations at their organizations, largely for students under the legal drinking age. 

The presentations cover campus safety, medical amnesty and behavior-based policing and are discussions intended to help students feel informed and educated from a reputable police source. 

While intended to detail the potential consequences of underage alcohol consumption — not encourage it — the officer’s presentations were peppered with advice for students on how to continue illegally drinking without getting caught, according to an audio recording of one presentation. 

In one presentation the officer told students he would alert underage students ahead of time regarding pre-planned bar checks to help them avoid potential citations — a breach of confidential police information.

Bar checks, often called “raids” by students, serve to ensure bars aren’t serving students under the legal drinking age of 21. Police officers enter the premises while others block exits, requesting IDs from all patrons. Underage patrons in the bar face a fine of up to $1,250 for using a fake ID.

The student sources said over the last four years the officer shared confidential police information regarding bar checks with them over the phone, warning them in advance of the bars Madison police would be checking and the general timeline of the check. 

One student in a leadership position also said he encouraged them to share the information with their personal contacts.

“It’s helpful to us, obviously — also kind of crazy that he goes behind the police station’s back,” Kate said. 

In audio recorded as part of this investigation during one of the officer’s standard safety presentations this past school year, he told freshmen and sophomores, “I promise you I will always help you. If I’m ever involved in a bar check, it’s because I want to make sure that the city cops are actually treating you all with respect.”

“And every now and then I might hold whatever door I’m manning open for the three or four of you to leave without any real consequences — but don’t tell my boss that. I say that because I’ve actually done it,” he continued. “I don’t like bar checks. I hate the fact that you all are in the safest place to be consuming alcohol, rather than a basement or a house party or an apartment, and we’re jamming you all up by giving you tickets.”

The officer also examined the students’ fake IDs, checking if they are realistic enough to allow access at local bars. Kate was one of the students who offered her ID for inspection. 

“That’s how it started,” Kate said. “He was basically like, ‘I owe you a coffee for volunteering.’”

Seth Stoughton, a University of South Carolina law professor and a nationally recognized policing expert, reviewed portions of the audio and said the UW-Madison officer’s presentation is not a standard police presentation on underage drinking.

“What those talks usually look like are how students can avoid breaking the law, how students can avoid trouble — not how students can break the law and not get in trouble for it,” Stoughton said.

Texting relationships with students

The officer only contacted students about bar check alerts over a phone call, multiple sources said. 

“This would be the type of evidence that we use to establish knowledge of guilt; when he’s telling folks, ‘Oh no, I don’t want to put any of that in writing, I don’t want there to be a record of it,’” Stoughton said. “Well, that’s because you are aware that the record could be used against you in some way. So that seems problematic.” 

After obtaining students’ cellphone numbers, the officer began reaching out to them outside of professional protocols: regularly checking in, calling and asking them to meet up. 

For the nine female students interviewed for this story, his frequent check-ins quickly caused discomfort.

“When you’re in it, you think all these things are to help you, and then the further down in the year it got, when I was working with him specifically, I felt like I was putting myself in danger more than being protected,” said a former sorority executive member. “I didn’t want to work with him ever, and I also warned other people, like do not involve yourself. He’s not doing anything for us.”

Caroline, a pseudonym for a recently graduated senior at UW-Madison, felt similarly.

“I remember us being like, ‘Oh my god, he’s texting you now?’ He went through people, he was always texting different people,” Caroline said.

While females in leadership positions said he straddled the line between a professional and personal relationship, others who didn’t serve on executive boards or in organizational leadership, including Kate, are less certain about why he was texting them in the first place — saying there was no professional justification for his outreach.

“All of our texts are very playful and joke-y in what he was saying — it wasn’t like he was professional,” Kate said. 

Offering rides without waivers

Some students and former students claimed that the officer offered them rides in his squad car. 

One source took him up on that offer. 

Allen, a recently graduated UW-Madison student also identified with a pseudonym, claimed he went for a drive with the officer in January 2023 when he was a sophomore. 

“He picked me up in his car and we drove around for like 20 minutes. He asked me about myself. He really made an effort to establish a friendship and a relationship with me, which I really appreciated,” Allen said. “He was just a real beacon of guidance.” 

Records of ride-along waivers signed between Jan. 1, 2022, and Jan. 1, 2025, show only two people signed liability waivers for UW-Madison police ride-alongs over the past three years.

Allen’s name did not appear in any of the signed waivers. He also doesn’t recall signing a waiver.

“I feel like I would remember if I had to sign something,” he said.

Stoughton said it’s a liability issue, should a police officer choose to disregard mandatory waivers. Typically officers will alert dispatchers of a pickup and drop-off to ensure nothing inappropriate happens.

“There are procedures that are in place to help protect everyone’s interest: the police agencies, the individual officers and the community members,” Stoughton continued. “(It) sounds like he is just completely ignoring those standard protocols.”

Male students appreciative, female students uncomfortable

Three UW students, two males and one female, expressed gratitude for the officer’s help in keeping them out of police trouble, especially those who are under 21. 

“I do think there is a very deep appreciation for him making himself as available as possible to everyone, in a plethora of different events and situations,” one fraternity leader said. 

Allen felt similarly. “I was very blown away by his willingness to not just be an administrator, but to be a friend. Not a parental figure — an adviser, but more than that, much more friendly than that,” he said. “We developed a personal friendship.”

But the female students mostly interpreted the officer’s behavior differently.

“His actions blurred the line between authority and familiarity, leaving students unsure of his true intentions,” the sorority leader said. “What I would’ve changed was his approach. Instead of trying to be our ‘friend’ and making us feel like we had an inside connection with campus law enforcement, he should have taken a more traditional and professional role.”

University policy W-5048 covers relationships between those in unequal levels of power, stating that a relationship between an employee and student is “not appropriate when they occur between an employee of the university and a student over whom the employee has or potentially will have supervisory, advisory, evaluative, or other authority or influence.” 

Stoughton said there’s a line in policing, with making yourself available on one side, but affirmatively seeking out individuals in a nonorganizational capacity on the other. 

“It doesn’t surprise me that the female students have a slightly different perspective than male students because male students may be — for several complicated reasons — just less cognizant of that power dynamic,” Stoughton said. “Female students may be much more aware of that power dynamic. It’s the officer’s job, though, to also be aware of it.”

If you have a complaint about the conduct of a UW-Madison Police Department officer, you can file a complaint online or call the department and speak with a supervisor, according to UW-Madison spokesperson John Lucas. The department typically requires a person’s name and doesn’t accept anonymous complaints.

This is an ongoing story. If you or someone you know has had similar encounters with a UWPD officer, please let us know at tips@wisconsinwatch.org.

Crossing the line: UW-Madison investigating police officer who students say acted inappropriately is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

When Madison residents went to vote in a special election this month, they didn’t have to stand in line according to their last name or wait for poll workers to flip through paper lists to find their names. For the first time, election officials there used electronic pollbooks to check voters in, allowing them to search for voters’ names and collect signatures on digital pads.

They could also use the e-pollbooks to process absentee ballots, register new voters and issue voter numbers, just as they did with paper poll books, but with less chance of error.

The pilot program in the state capital offered a glimpse of both the technology’s potential — and its current limitations. Poll workers praised the state’s in-house e-pollbook system, known as Badger Book, for its speed and accuracy. But its high costs, limited vendor options, and a lack of state funding for support staff have stalled broader adoption, especially in large cities. 

Now, with the Wisconsin Elections Commission beginning to evaluate commercial e-pollbook vendors, clerks are hoping new options might offer a more sustainable path forward.

Deploying the state’s system in a city as large as Madison is “just not practical at this point,” Mike Haas, Madison’s interim clerk, said after the June 17 county supervisor election. “We looked at it more as an opportunity to get familiar with the technology.”

Funding is just one challenge. Adopting the e-pollbook in a city like Madison could cost well over $1 million. While the software is free, the hardware for running it — including a tablet-like device and a printer — costs well over $2,000 for each station, and each of the city’s 120 polling locations would each likely need several. Milwaukee, with over 180 sites, would face even higher costs. And in small, cash-strapped towns, setting aside even $10,000 for e-pollbooks can be unrealistic. 

Another challenge is access to support. Badger Book is the only approved e-pollbook in the state, and it’s designed and maintained by the Wisconsin Elections Commission. 

While any municipality can use it, commission staffers would likely be limited in their ability to provide Election Day support for a city as big as Madison or Milwaukee, unless they got more funding from the Legislature.

Larger jurisdictions using Badger Books would have to manage some of the logistics and troubleshooting on their own, said Ann Jacobs, a Democratic appointee and current chair of the Wisconsin Elections Commission.

“I would love it if we could have the staff sufficient to have a little Badger Book division and be able to service Badger Books statewide,” she said.. “That would be terrific. That’s not our current reality.”

Sun Prairie confronts the costs of an upgrade

Sun Prairie, northeast of Madison, was the first municipality in Wisconsin to adopt the e-pollbook after the technology rolled out in 2018. Now around 400 out of the state’s 1,850 municipalities use it. It’s an excellent tool that saves hours of staff time, said Sun Prairie Clerk Elena Hilby, but the city’s hardware is aging and beginning to slow down, and as long as Badger Book is the only system available, she worries about the cost of updating it. 

Currently, only one company in Wisconsin — PDS, A Converge Company, which is based in Oconomowoc — is authorized to replace the hardware used to operate the e-pollbooks. 

When Hilby asked the company for a quote on a machine in January, the cost was $2,011, she said. In April, she said, it was $2,441, an increase that the company attributed to tariffs. 

“We are literally fish in a barrel,” Hilby said. “They can make it cost whatever they want, and we’re stuck, because they’re the only ones we can use.”

And she doesn’t want the Badger Books the way they are. “I want WEC to give me other options,” she said.

Commercial alternatives may not be much cheaper, said Ben Adida, founder and executive director of election technology vendor VotingWorks. And either way, the investment can be worth it, Adida said, because e-pollbooks reduce staff time. That’s especially true at the end of the night when poll workers upload voter data, a task that’s “incredibly tedious” without e-pollbooks, he said.

One advantage of an in-house system is that it can be tailored to a particular state or jurisdiction, said Tammy Patrick, chief programs officer for the Election Center, a nonprofit group representing election officials. Commercial products start off with a basic menu of services, and customizing them can require more time and money, she said. 

The disadvantage is that the extent of state support depends on government funding. Commercial options can fluctuate in their ability to support clients, she said, but they aren’t as “susceptible to the whims of legislators and appropriators.”

Commercial alternatives could be coming

The Wisconsin Elections Commission is looking at how to give local election officials access to more options and support.

On May 2, the commission invited clerks to join a committee to evaluate commercial e-pollbook options, working with vendors and the general public. The topic is likely to be discussed at the commission’s July meeting. The commission “looks forward to addressing the committee’s feedback,” said WEC Administrator Meagan Wolfe.

The committee won’t assess Badger Books, according to the email sent to clerks, and its work “does not mean that Badger Books will be discontinued.” Other states, the email noted, have multiple approved pollbook models.

The Wisconsin Municipal Clerks Association and Wisconsin County Clerks Association have also formed a task force on the future of e-pollbooks, said Hilby, who’s co-leading the group with Portage County Clerk Maria Davis. They aim to compile a list of clerk concerns and expectations by July.

Can commercial options match Badger Book on security?

Forty states had at least one jurisdiction that used e-pollbooks in the 2022 general election. Wisconsin, Michigan, and Colorado use e-pollbooks developed in-house. Other states, like Alabama and Florida, have multiple commercial options. Some states just use one commercial vendor.

Jacobs, the election commission chair, said an advantage of Badger Book is that the commission has access and control over the product, which makes it more secure. It never connects to the internet, unlike many of the added features in commercial products that clerks have said they’d like to have, she said.

“I’m skeptical that a commercial product, especially those that connect to the internet, would be of sufficient security and usability for us to allow for them to be used within our system,” she said.

Haas, Madison’s interim clerk and the former Wisconsin Elections Commission administrator, said the commission also opted for an in-house system because the state’s elections are decentralized and have unique laws. The initial idea, he said, was to see how the in-house system works before considering whether private vendors could move into the market.

While the pilot project worked out, he said, Madison is unlikely to implement e-pollbooks anytime soon. In the long term, he said, the decision will depend on whether the city council wants to pay for it, and whether the election commission can provide enough support.

“Based on what I’ve heard from the staff in working with the technology, I think they would be happy to be able to implement it,” Haas said.

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

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin to consider more electronic pollbook options, as in-house system faces limitations is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

A Wisconsin Watch reader asks: How much funding do the University of Wisconsin-Madison and Madison College receive from the U.S. military?

The University of Wisconsin-Madison has 198 active Department of Defense awards, totaling $221.3 million in funding, according to UW-Madison’s declaration from the Association of American Universities lawsuit against the Department of Defense. 

Defense-funded research aims to expand “warfighter capabilities” and the U.S. “strategic and tactical advantage.” President Donald Trump’s Department of Defense tried to cap indirect costs at 15%.

Defense awards support research in fields directly related to the military, such as “cybersecurity, maritime navigation, materials science, injury prevention and recovery and military flight technology,” said UW-Madison Vice Chancellor for Research Dorota A. Grejner-Brzezinska in the lawsuit challenging the Defense Department’s attempt to limit indirect costs. 

The Department of Defense awarded $67.4 million in grants to UW-Madison in 2023-24, making up 8% of total agency funding, the fourth-highest source after the National Institutes of Health, the National Science Foundation and the Department of Energy. UW-Madison ranked sixth in national research expenditures with over $1.7 billion in the latest annual review.

UW-Madison also has 81 pending Defense grant proposals, as of June 13, 2025, with a requested total budget of $70.5 million, according to Grejner-Brzezinska’s declaration.

Indirect costs are costs that support research but are not directed to a specific award and include “costs for building maintenance, utilities, procurement of shared equipment, administrative services, information technology, libraries and compliance with federal regulations,” said Grejner-Brzezinska in the declaration.

On June 17, 2025, a federal judge in Boston temporarily granted universities a temporary restraining order, meaning they will temporarily operate with the previously negotiated indirect cost reimbursement rates of 55.5%. This follows an NIH cap of 15% on indirect costs, also blocked by a federal judge. 

“The 15% rate cap will make most, if not all, of UW-Madison’s proposed and ongoing research projects infeasible,” Grejner-Brzezinska said.

Defense-funded studies at UW-Madison include a group of 30 scientists who study traumatic brain injuries, satellite data systems and artificial intelligence infrastructure and research.

Madison College currently has no active Defense awards or grants, according to a website detailing federal grants.

How much funding do the University of Wisconsin-Madison and Madison College receive from the US military? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

National Institutes of Health Director Jayanta Bhattacharya speaks at his confirmation hearing before the Senate Committee on Health, Education, Labor, and Pensions on Capitol Hill on March 5, 2025 in Washington, DC. (Photo by Andrew Harnik/Getty Images)

WASHINGTON — National Institutes of Health Director Jay Bhattacharya testified Tuesday that he will work with Congress to potentially reverse a steep cut to the agency’s funding the White House proposed earlier this year in its budget request.

Bhattacharya told highly critical Republicans and Democrats on the Senate panel that writes the NIH’s annual spending bill that he’s “happy” to work with lawmakers to find a funding level that everyone can support in the months ahead.

“This is my first time through this budget fight and so I’m still learning. But I’ll tell you, what I understand is that the budget is a collaborative effort between Congress and the administration,” Bhattacharya said. “I look forward to working with you all to advance the real health needs — not just the folks here in the room who represent Alzheimer’s patients, but also the health needs of all Americans.”

Senate Appropriations Chair Susan Collins, R-Maine, said it was “disturbing” that the president’s budget request suggested lawmakers cut NIH funding by about $18 billion, or 40%, in the upcoming spending bill.

“It would undo years of congressional investment in NIH,” Collins said. “And it would delay or stop effective treatments and cures from being developed for diseases like Alzheimer’s, cancer, type one diabetes. I could go on and on.

“We also risk falling behind China and other countries that are increasing their investment in biomedical research.”

Collins said the committee planned to work with Bhattacharya “to remedy these problems and the deficiencies” in the budget request in the months ahead as the committee writes the annual government funding bills.

Collins also rebuked Bhattacharya for seeking to reduce how much the NIH pays grantees for facilities and administrative costs, which go toward paying bills that aren’t directly associated with just one research project.

NIH efforts to cap those indirect costs at 15% are on hold as lawsuits from Democratic attorneys general, the Association of American Medical Colleges and the Association of American Universities work through the federal court system.

“This proposed cap is so poorly conceived,” Collins said. “And I have seen firsthand how harmful it is. It is leading to scientists leaving the United States for opportunities in other countries. It’s causing clinical trials to be halted and promising medical research to be abandoned. It’s also against federal law. Since 2018, we in Congress have specifically included language to prevent NIH from arbitrarily imposing such a cap.”

Collins told Bhattacharya to talk with Kelvin K. Droegemeier, who worked as President Donald Trump’s science adviser during his first term. Droegemeier is chairman of a group put together by the Association of Public and Land Grant Universities to propose changes to the indirect costs model.

‘Frankly, catastrophic’

Washington state Democratic Sen. Patty Murray, ranking member on the Appropriations Committee, pressed Bhattacharya to defend the actions he’s taken so far and those proposed in the budget request.

“What the Trump administration is doing to NIH right now is, frankly, catastrophic,” Murray said. “Over the past few months, this administration has fired and pushed out nearly 5,000 critical employees across NIH, prevented nearly $3 billion in grant funding from being awarded and terminated nearly 2,500 grants totaling almost $5 billion for life-saving research that is ongoing that includes clinical trials for HIV and Alzheimer’s disease.”

Murray added that no one in America wants less research into treatments and cures for cancer, or Alzheimer’s disease.

West Virginia Republican Sen. Shelley Moore Capito, chairwoman of the Labor-HHS-Education Appropriations subcommittee that held the hearing, expressed concern about NIH’s proposed budget cuts, saying they have raised alarms at numerous research universities.

“These institutions are the reason America has kept the edge in biomedical research and innovation,” Capito said. “As with many changes in leadership, there seems to be a heightened set of concern and confusion that diverting resources from research will result in a less healthy America.”

Capito emphasized she expects NIH to continue to focus research efforts on Alzheimer’s, a disease that affects more than 7 million Americans.

“For almost a decade, this committee has supported research towards the goals of finding treatments and a cure for Alzheimer’s disease,” Capito said. “This goal is very personal to me, as you know, since both of my parents lived with and eventually succumbed to this disease. And I could look out behind you and see in the audience that many folks here are extremely interested in that area of research.”

Delayed funding in the states

Wisconsin Democratic Sen. Tammy Baldwin, ranking member on the subcommittee, also reprimanded Bhattacharya for cutting off funding for projects looking into Alzheimer’s and several other illnesses.

“NIH has delayed $65 million in funding for 14 Alzheimer’s disease research centers in nine states, including at the University of Wisconsin-Madison,” Baldwin said. “It has delayed $47 million in cancer center support grants at nine cancer centers in eight states, it has delayed $55 million for 11 rare disease clinical research network grants in eight states.

“Let that sink in: This administration is making a conscious choice not to fund research into Alzheimer’s disease, cancer and rare diseases. And NIH has terminated grants for maternal morbidity and mortality centers, a grant developing new digital imaging techniques for cervical cancer screening and a clinical trial studying a potential cure for infants born with HIV, just to name a few.”

Alabama Republican Sen. Katie Britt called on Bhattacharya to ensure NIH refocuses on maternal health research and ways to decrease the country’s high maternal mortality rate.

“Look, far too many women in this country are dying from pregnancy-related causes,” Britt said. “You look at Alabama, we have one of the highest maternal mortality rates in the nation. It disproportionately affects Black women, Native American women, those women in rural areas.”

The father of a Wisconsin teenage girl who killed a teacher and fellow student in a school shooting was charged with felonies Thursday in connection with the case, police said.

The shooting occurred at Abundant Life Christian School in Madison last December.

Jeffrey Rupnow, 42, of Madison, was taken into custody around 3:45 a.m. Thursday, police said.

Rupnow was charged with contributing to the delinquency of a child and two counts of providing a dangerous weapon to a person under 18 resulting in death. All three charges are felonies, punishable by up to six years in prison each. He was scheduled to make an initial appearance in court on Friday.

Rupnow’s daughter, 15-year-old Natalie Rupnow, opened fire on Dec. 16, 2024, at Abundant Life Christian School, killing a teacher and a 14-year-old student before killing herself. Two other students were critically injured.

Jeffrey Rupnow did not immediately respond to a message The Associated Press left on his Facebook page. No one immediately returned voicemails left at possible telephone listings for him and his ex-wife, Melissa Rupnow. Online court records indicate he represented himself in the couple’s 2022 divorce and do not list an attorney for him in that case.

According to a criminal complaint, Rupnow told investigators that his daughter was traumatized by her parents’ divorce and got into shooting guns after he took her shooting on a friend’s land. He said he bought her two handguns and told her the access code to his gun safe was his Social Security number entered backward.

Investigators discovered writings in her room in which she describes humanity as “filth,” hated people, got her weapons through her father’s “stupidity” and wanted to kill herself in front of everyone. She built a cardboard model of the school and developed a schedule for her attack that ended just after noon with the notation: “ready 4 death.”

Police recovered a 9 mm Glock handgun that her father had bought her from a study hall where she opened fire and another .22-caliber pistol that her father had given to her as a Christmas present in a bag she had been carrying through the school.

Twelve days after the shooting, a Madison police detective received a message from Jeffrey Rupnow saying his biggest mistake was teaching his kid safe gun handling and urging police to warn people to change the codes on their gun safes every two to three months.

“Kids are smart and they will figure it out. Just like someone trying to hack your bank account.’ I just want to protect other families from going through what I’m going through,” he said.

Jeffrey Rupnow is the latest parent of a school shooter to face charges associated with an attack.

Last year, the mother and father of a school shooter in Michigan who killed four students in 2021 were each convicted of involuntary manslaughter. The mother was the first parent in the U.S. to be held responsible for a child carrying out a mass school attack.

The father of a 14-year-old boy accused of fatally shooting four people at a Georgia high school was arrested in September and faces charges including second-degree murder and involuntary manslaughter for letting his son possess a weapon.

In 2023, the father of a man charged in a deadly Fourth of July parade shooting in suburban Chicago pleaded guilty to seven misdemeanors related to how his son obtained a gun license.

Killed in the shooting were Abundant Life teacher Erin Michelle West, 42, and student Rubi Patricia Vergara, 14.

Abundant Life is a nondenominational Christian school that offers prekindergarten classes through high school. About 420 students attend the institution.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Police arrest father of shooter at Abundant Life Christian School in Madison is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.