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Wisconsin Elections Commission finalizes specific orders for Madison to follow to avoid ballot errors

15 August 2025 at 18:45
Wisconsin Elections Commission
Reading Time: 4 minutes

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.

Elections Commission orders Madison to make absentee process changes

15 August 2025 at 20:28

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.

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After initial request, U.S. DOJ has not obtained Wisconsin voter data

21 July 2025 at 22:01
Don Millis and Ann Jacob, the former and current chairs of the Wisconsin Elections Commission, testify Tuesday, Feb. 4, at an Assembly hearing on a commission rule for election observers.

Don Millis and Ann Jacob, the former and current chairs of the Wisconsin Elections Commission, testify Tuesday, Feb. 4, at an Assembly hearing on a commission rule for election observers. (Photo by Erik Gunn/Wisconsin Examiner)

Wisconsin was one of several states included in the U.S. Department of Justice’s request for statewide voter registration data — files that include data on millions of Americans. However, after WEC pointed DOJ to state law that would require the Department to pay $12,500 for the data, it has not followed up on the request, according to a Wisconsin Elections Commission spokesperson. 

The DOJ requests for voter data from at least nine states have raised concerns about what the Trump Administration plans to do with the information as President Donald Trump has remained fixated on disproven  conspiracy theories that the 2020 election was stolen from him.

Correspondence from US DOJ to WEC – 6.17.25

Through the spring and early summer, DOJ officials have requested information from state election authorities based on allegations that states have violated federal election laws. The June 17 letter sent to Wisconsin alleges that Wisconsin has not complied with the Help America Vote Act, a 2002 law meant to streamline and modernize the election process. 

The letter requested that WEC give DOJ Wisconsin’s statewide voter registration list, provide information on how the state manages the files of  voters who become inactive by moving elsewhere or dying and how it verifies voter citizenship. Most of the questions surround topics that have been common complaints among purveyors of election conspiracy theories over the past half decade. 

On July 2, WEC’s chief legal counsel Jim Witecha sent a letter in response to DOJ on behalf of the six election commissioners. The letter gives detailed answers to many of the questions while asserting that state law prevents the commission from simply handing over the voter data. 

State law requires that the elections commission charge a fee for obtaining voter registration data and the price for obtaining the full list is set at $12,500.

USDOJ Response Letter

“Wisconsin law requires the Commission to charge a fee for access to voter registration data and makes no exceptions for elected officials, government agencies, journalists, non-profits, academics, or any other group,” the letter states. 

More than two weeks later, the DOJ has not yet filed a request to purchase Wisconsin’s voter rolls, according to WEC spokesperson Emilee Miklas. 

Information about DOJ’s request to WEC is located on the state agency’s FAQ webpage, along with answers to questions that have been repeatedly raised by election deniers in the state.

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Madison clerk was on a cookie-baking staycation as missing-ballot mess unfolded

Reading Time: 3 minutes

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.

Elections commission gives Madison three weeks to tweak order on handling ballots

By: Erik Gunn
17 July 2025 at 22:19

Michael Haas, Madison city attorney and acting city clerk, addresses the Wisconsin Elections Commission on Thursday. (Screenshot/WisEye)

The city of Madison has three weeks to review an order on how to prevent election officials from repeating a mistake they made in the November 2024 election, when they failed to count nearly 200 ballots.

The Wisconsin Elections Commission voted Thursday to hold off on the order after the Madison city attorney and acting city clerk, Michael Haas, urged the commissioners to first give the city a chance to negotiate its details.

“We have concerns about the approach that would require Madison and Madison alone to implement specific new procedures without the opportunity for our staff to consider their impact and practicality and to provide feedback” to the elections commission, Haas told the commissioners during the public comment period at the start of the meeting.

The city alerted the commission on Dec. 20, 2024, that 193 absentee ballots from three wards were never processed — 68 from two wards that were found on Nov. 12 and 125 from another ward found on Dec. 3.

“The failure to count the 193 ballots in Madison was a result of a confluence of errors,” wrote commission members Ann Jacobs and Don Millis, in their report on their joint investigation. Jacobs, a Democrat, is the current commission chair; Millis, a Republican, is the former chair.

The report found “a complete lack of leadership” by Madison’s city clerk at the time, Maribeth Witzel-Behl, after the uncounted ballots were discovered. Witzel-Behl resigned in April.

“These ballots were treated as unimportant and a reconciliation nuisance, rather than as the essential part of our democracy they represent,” Jacobs and Millis wrote.

“The buck didn’t stop anywhere,” Jacobs told the commissioners.

While the report found violations of state election law, it stipulated that those weren’t crimes and that there was no recommendation for criminal referrals.

“This is not a criminal investigation,” Jacobs said. “The focus of this investigation has been discovering what happened and making sure it doesn’t ever happen again in Madison and throughout the state.”

The report’s proposed order requires the Madison city clerk to produce a plan for which employees handle each task in running an election; to print pollbooks that record absentee ballots no earlier than the Thursday before the election; and to watermark ballots that arrive after that date.

Pollbooks printed three weeks before the Nov. 5 election and ballots that were marked with a highlighter, but not watermarked, when they arrived after the books were printed were among the anomalies the report found in the Madison case. 

The proposed order also includes requirements for the city clerk’s office and election officials who handle and process absentee ballots on Election Day.

Haas said “wholesale personnel management changes” in the order could be costly and that it didn’t account for changes the city has already made in its procedures.

Commission member Mark Thomsen urged the body to separate the report from the order, postponing the order so the city clerk’s office could respond.

“We have oversight but clerks run the elections, and it seems to me that we should at least defer to the city and the clerk on the specifics of an order,” said Thomsen, a Democrat.

Republican commissioner Bob Spindell agreed. “I’d like to see this cool off a bit and give Mike [Haas] the chance to come back as he’s requested,” he said.

The commission approved the report, minus the order, on a 5-1 vote, with Spindell the lone dissenter, saying that the former clerk “should not be crucified” over the incident.

A motion to approve the order failed on a tie vote. Commissioners then voted unanimously to defer it, giving the city until Aug. 7 to offer comments and setting a follow-up meeting for Aug. 15.

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Wisconsin Elections Commission alleges former Madison clerk broke laws

Two hands hold pieces of paper.
Reading Time: 4 minutes

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.

WEC blames missing Madison absentee ballots on ‘confluence of errors’ by city officials

9 July 2025 at 20:20

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.

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Elections commission publishes election observer rule

23 June 2025 at 21:47
Don Millis and Ann Jacob, the former and current chairs of the Wisconsin Elections Commission, testify Tuesday, Feb. 4, at an Assembly hearing on a commission rule for election observers.

Don Millis and Ann Jacob, the former and current chairs of the Wisconsin Elections Commission, testify Tuesday, Feb. 4, at an Assembly hearing on a commission rule for election observers. (Photo by Erik Gunn/Wisconsin Examiner)

The Wisconsin Elections Commission on Monday published a new permanent administrative rule to guide how election observers are allowed to conduct themselves at polling places. 

On Friday, the commission voted 5-1 to approve the rule after more than two years of work that involved the participation of a 24-person advisory committee made up of municipal clerks, poll workers, political parties and outside groups including advocates for people with disabilities and right-wing election conspiracy outfits. 

The final rule order specifies who is allowed to observe elections and defines the boundaries of what observers are allowed to do at a polling place. The rule also dictates when poll workers are allowed to call law enforcement to diffuse a situation and includes provisions to require that observers be allowed to use available chairs and restrooms and for how the news media is allowed to operate inside polling places. The rules are different for members of the media, who are allowed to take videos and photos inside polling places while observers are not.

WEC commissioners of both parties advocated for the passage of the rule, arguing that while not perfect, the compromise reached to create the rule was better than the vague interpretation of state law that had previously governed observers. 

But even after their involvement on the advisory committee, election skeptics opposed the rule’s enactment. WEC commissioner Robert Spindell, a Republican who has often flirted with election conspiracy theories, was the lone vote against the rule going into effect. 

Republican lawmakers on the Legislature’s Joint Committee for the Review of Administrative Rules (JCRAR) had denied the passage of an emergency rule instituting similar provisions earlier this year. JCRAR deadlocked on a vote to deny the permanent rule’s enactment in April, allowing it to move out of the committee and back to WEC for final approval. 

“Today marks a significant milestone that will ensure election observers, election officials, and voters all have a clear and consistent understanding of the observer process,” WEC Administrator Meagan Wolfe said in a statement. “After years of thorough public hearings, advisory committee input, and careful drafting, this rule enshrines standards for election observers that ensure participation in our electoral process.”

The commission will hold a meeting later this year to approve new guidance for election clerks administering the rule, according to a news release. The rule is set to go into effect Aug. 1.

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US warns Wisconsin and Arizona over compliance with federal election law

Wisconsin Elections Commission Chair Ann Jacobs
Reading Time: 5 minutes

The U.S. Justice Department has sent letters to election officials in at least two key swing states, threatening action against the states if they don’t comply with provisions of a 2002 federal election law.

Lawyers from the department’s civil rights division sent letters in recent weeks to both Arizona and Wisconsin. The Arizona letter said that state officials are not properly verifying voters’ identities as dictated by the Help America Vote Act, and it warned of a lawsuit. The Wisconsin letter said the Wisconsin Elections Commission is not properly resolving administrative complaints as required by the same law and threatened to withhold federal election funds over that issue.

The Justice Department recently sued North Carolina also, claiming that the state has not been properly verifying voter identity.

The department issued a press release and publicly released the Wisconsin letter, dated June 4; Votebeat obtained the previously unreported Arizona letter, dated May 20, through a records request.

The letters are an early sign of how President Donald Trump’s administration is scrutinizing state election practices after his March executive order on elections, which called for stricter citizenship checks and revised voting machine standards, among other things. The Justice Department has also dropped or withdrawn from several voting rights cases dating from before Trump took office again in January.

Arizona Secretary of State Adrian Fontes, a Democrat, responded in a June 2 letter to the Justice Department that state election officials conduct a complete residency and citizenship check and fully comply with the Help America Vote Act when someone registers to vote. 

“Arizona has a long history of adherence to voter registration requirements, both state and federal,” Fontes wrote.

The Wisconsin Elections Commission declined to immediately comment on the letter that it received, which noted that the commission has declined to adjudicate administrative complaints against itself since at least 2022, due in part to a Wisconsin Supreme Court decision.

The letter said the commission’s actions “justify a bar” on future grants to the state from the U.S. Election Assistance Commission. 

The DOJ appears to be raising a “legitimate” violation in that case, David Becker, the executive director of the Center for Election Innovation and Research and a former attorney in the voting section of the Justice Department, said after reviewing the letter. But he characterized it as minor and stressed that the agency has limited resources to devote to enforcing voting laws.

The DOJ didn’t immediately respond to requests for comment about the letters.

How Wisconsin Elections Commission handles conflict of interest

Under the Help America Vote Act (HAVA), any state receiving money for elections must also establish an administrative process allowing people to file complaints about alleged violations of the law. If the state determines there’s a HAVA violation, it must provide an appropriate remedy, the law says; if not, it can dismiss the complaint.

But in recent years, the WEC has been summarily dismissing HAVA complaints that are about the agency’s own actions. 

In rejecting those complaints, the commission cited a 2022 Wisconsin Supreme Court opinion in which Justice Rebecca Bradley, a conservative, said it would be “nonsensical” for the Wisconsin Elections Commission to adjudicate a complaint against itself. Bradley was joined in her opinion by two other justices, and a fourth justice echoed her in a separate opinion in the case.

Becker said that WEC practice probably doesn’t comply with the federal law, which supersedes state laws, especially for federal elections.

While the election commission said it would be a conflict of interest to adjudicate complaints against itself, Becker said other agencies “do investigations of themselves all the time.”

Because of the WEC’s position, complainants are left “without any recourse,” Assistant U.S. Attorney General Harmeet Dhillon wrote in the letter. The commission’s actions jeopardize future federal funding, she wrote.

But in at least some cases, the agency has told complainants they can appeal a WEC ruling in court, Rob Yablon, a law professor at UW-Madison, pointed out. Yablon also said it’s unclear whether WEC’s position that it can’t resolve the complaints could itself count as a determination that meets the requirements in HAVA. 

Right now, Wisconsin doesn’t stand to lose much in federal funding over the issue. The U.S. Election Assistance Commission allocated about $272,000 in election security grants to Wisconsin in the 2025 fiscal year, money that has yet to come in, according to WEC Chair Ann Jacobs, a Democrat.

“The commission would have to decide to take it. We would have to know the conditions of receiving it,” Jacobs said, adding that she questioned “whether or not the work that would be involved in (administering the grants) would justify the receipt of the money when … it would amount to $147.03 per clerk.”

It would take a majority vote of the commissioners for the WEC to begin adjudicating claims against itself, Jacobs said, but she wouldn’t be in favor of it.

“I think our legal analysis is correct: It’s improper for us to be the adjudicating body on whether or not we did something wrong,” she said. “I think that we can have both statutes, both federal and state law, harmoniously work together. And I think that is, in fact, what’s going on.”

WEC member Don Millis, a Republican, didn’t immediately respond to a request for comment.

Following the DOJ letter, Republicans in charge of the state’s budget committee delayed a planned session to finalize the election commission’s budget, saying they had to review the Justice Department’s allegations first.

Arizona’s ID number checks are at issue

In both the North Carolina lawsuit and the Arizona letter, the DOJ asserted that the states have failed to require applicants’ driver’s license numbers when they register to vote.

North Carolina has since fixed its form to require this information, but it hasn’t contacted every voter who registered through the faulty registration form to provide the missing information. The issue of missing identification numbers was central to the recent challenge to results of the state’s Supreme Court race.

In the letter to Arizona’s secretary of state, Maureen Riordan, senior counsel and acting chief of the voting section of the civil rights division, wrote that HAVA requires the state to request the applicant’s driver’s license number if the applicant has one. If not, a Social Security number is acceptable, she wrote.

The DOJ claims Arizona improperly allows registrants to use either ID number, regardless of whether the applicant has a driver’s license.

The division asked the state to revise the form and retroactively check all applicants who provided only a Social Security number “to identify any non-citizens.”

Fontes in his response explained that since 2005, Arizona has required voters who register to vote in state and local elections to provide evidence of citizenship and has designed its form to meet that requirement as well as HAVA requirements.

When someone applies, an election official completes what the state calls a “HAVA check” using the state’s driver’s license database to check the driver’s license data, as well as to confirm citizenship, he said. 

“Our system and processes ensure that if those individuals have MVD credentials, the number of such credential is included in their voter record,” he wrote.

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

Jen Fifield is a reporter for Votebeat based in Arizona. Contact Fifield at jfifield@votebeat.org.

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

US warns Wisconsin and Arizona over compliance with federal election law 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.

Budget committee approves over $700 million in bonding for clean water programs

6 June 2025 at 10:45

Committee Co-Chairs Rep. Mark Born (R-Beaver Dam) and Sen. Howard Marklein (R-Spring Green) said at a press conference ahead of the meeting that they were looking forward to getting to work on the budget despite negotiations stalling and were optimistic that they could still get the budget done on time. (Photo by Baylor Spears/Wisconsin Examiner)

The Wisconsin Legislature’s Joint Finance Committee on Thursday took its first actions on the budget since the breakdown in negotiations between Republican lawmakers and Gov. Tony Evers by approving over $700 million in bonding authority for clean water and safe drinking water projects and taking action on several other agencies.

Committee Co-Chairs Rep. Mark Born (R-Beaver Dam) and Sen. Howard Marklein (R-Spring Green) said at a press conference ahead of the meeting that they were looking forward to getting to work on the budget despite negotiations stalling and were optimistic that they could still get the budget done on time. 

“We’ve had some good conversations in the last few weeks between the governor and the legislative leaders, and unfortunately, those, you know, conversations have stopped,” Born said.

Lawmakers and Evers announced Wednesday evening that their months-long negotiations had reached an impasse for the time being. 

Republicans said they would move forward writing the budget on their own, saying the state couldn’t afford what Evers wanted, and Evers said Republicans were walking away because they refused to compromise. Evers had said he was willing to support Republican tax cut proposals that even as they were similar to proposals he previously vetoed.

“The spending really that the governor needs is just more than they can afford,” Born said Thursday, “and it’s getting to the point where it’s about 3 to 1 compared to the tax cuts that we were looking at.”

He declined to share specifics about the amounts that were being discussed.

“I don’t think we’re going to relive the conversations of the last few weeks in any details, but certainly, you know, we’ve been focused on tax cuts for retirees and the middle class,” Born said. 

Evers’ spokesperson Britt Cudaback said in an email that Republicans’ “math is not remotely accurate.”

Despite the breakdown in discussions, the GOP lawmakers said they were optimistic about the potential for Evers to sign the budget they write, noting that he has signed budget bills passed by Republicans three times in his tenure as governor.

“I’m very hopeful that we will do a responsible budget that we can afford that addresses the major priorities and a lot of the priorities that I think the governor’s office has,” Marklein said. “I’m very hopeful that the governor will sign the budget.” 

Democrats on the Joint Finance Committee were less optimistic about the prospect for the budget to receive support from across the aisle, saying that it likely wouldn’t adequately address the issues at the top of mind for Wisconsinites, including public K-12 education, public universities and child care.

“We’re going to see a budget that prioritizes more tax breaks for the wealthiest among us at the expense of all of the rest of us and a budget from finance that will get no Democratic votes and that will likely be vetoed by the governor,” Sen. Kelda Roys (D-Madison) said. 

Roys said they didn’t know about the specifics of what Evers had agreed to. 

“We can’t really speculate on that, but I can say that we absolutely support the process and the idea of collaborative, shared government,” Roys said. “We are committed to that. We have been ready from Day One to sit down with our Republic colleagues to negotiate.” 

She said for now JFC Democrats will focus on providing alternatives to Republicans’ plans.

“We’re going to do our best to advocate for what Wisconsinites have said they want to need,” Roys said. “We want a lower cost for families. We want to make sure that our kids are the first priority in the budget, and we’re going to be offering the Republicans the opportunity to vote in favor of those things.” 

There is less than a month until the June 30 deadline for the Legislature to pass and Evers to sign the state budget. If the budget isn’t passed on time, then state agencies continue to operate under the current funding levels. 

Committee approves bonding authority for clean water fund

While negotiations have hit a wall, some committee’s actions on Thursday received bipartisan support. 

The committee unanimously approved an additional $732 million in bonding authority for the Environmental Improvement Fund (EIF). The program uses a combination of federal grants from the U.S. Environmental Protection Agency’s clean water and drinking water state revolving funds and matching state funds to provide subsidized loans to municipalities for drinking water, wastewater and storm water infrastructure projects. 

“This is going to be very good for a lot of our local communities when it comes to clean water,” Marklein said ahead of the meeting. He noted that many communities were on a waiting list for their projects.

The Department of Administration and the Department of Natural Resources told lawmakers in late 2024 that that year was the first time the fund had not had enough resources to meet demand.

Demand for aid from the program increased dramatically starting in 2023, with a 154% increase in the clean water fund loan demand in 2023-24 and a 325% increase in demand for the safe drinking water loan program that year. Insufficient funding for the clean water program led to constraints in 2024-25 and left needs unmet for at least 24 projects costing around $73.9 million.

Rep. Deb Andraca (D-Whitefish Bay) said she was thrilled that lawmakers were approving money for infrastructure in the state.

“The state has over $4 billion here,” Andraca said. “A lot of that is one-time money and one-time money should be used for infrastructure — making sure that our communities are in a great position moving forward should the economy turn down.”

The action is meant to cover the next four years of state contributions to the fund.

Sen. Eric Wimberger (R-Oconto) said in a statement the loans will help Wisconsin communities address aging infrastructure and water contaminants.

“With these additional funds, municipalities will be able to access low-interest loans to modernize their water systems, saving local taxpayers millions of dollars and keeping their water clean for years to come at the same time,” Wimberger said. 

Peter Burress, government affairs manager for environmental nonprofit Wisconsin Conservation Voters, said including the additional revenue bonding authority in the budget is a “smart, substantive way” to make progress towards ensuring Wisconsinites have “equitable access to safe, affordable drinking water.” 

“We urge every legislator to support this same investment and send it to Gov. Evers for his signature,” Burress said. 

Actions on other agencies get mixed or party-line support

Republicans on the committee approved an additional $500,000 for the Medical College of Wisconsin’s North Side Milwaukee Health Centers Family Medicine Residency Program, which focuses on training family physicians with expertise and skills to provide individualized, evidence-based, culturally competent care to patients and families. 

The measure also included  $250,000 annually starting in 2026-27 for the Northwest Wisconsin Residency Rotation for family medicine residents. According to budget papers, starting the funding in the second year of the budget would allow time to find a hospital partner to support residents. 

Democrats voted against the measure after their proposal for higher funding was shot down by Republicans. The Democrats proposal also called for funding a  Comprehensive Assistance, Recovery, and Empowerment Fellowship Program focusing on treating substance use disorders and anAdvancing Innovation in Residency Education project to improve the behavioral health expertise of family medicine residents.

“I hope that my colleagues are reading national news because we’re seeing lots and lots of research funding being cut,” Andraca said. “The Medical College has lost about $5 million in research grants recently, and in addition to other research programs being canceled, I don’t know who has tried to make an appointment with the primary care physician, but there’s really long wait times right now, and this program is literally designed to bring doctors into the state.” 

Democrats proposed transitioning the Educational Communications Board’s Emergency Weather Warning System from relying on fees for funding to being covered by state general purpose revenue. 

Andraca, in explaining the proposal, said state funding for a system like that is more important now than ever.

“We’re talking weather alerts. We’re talking about making sure that people know when there’s something heading their way. We are in a time where we need these alerts more than ever. In fact, yesterday was an unhealthy air day, and… we’re looking at drastic federal cuts,” Andraca said. 

Republicans rejected the measure and instead approved a 5% increase that will be used on general program operations, transmitter operations and emergency weather warning system operations. Rep. Tip McGuire (D-Kenosha) joined Republicans in favor of the motion. 

The committee also took action on several other agencies with support splitting along party lines

Republicans approved a modification to the Wisconsin Economic Development Corporation’s budget, lowering it by $3.8 million, due to projections that surcharge collections appropriated to WEDC will be lower than estimated. They also rejected Democrats’ proposal to provide an additional $5 million in the opportunity attraction and promotion fund, which makes grants to  attract events that will draw national exposure and drive economic development.

WEC budget on pause after DOJ letter

The committee was scheduled to take action on the Wisconsin Elections Commission budget, but delayed that after the U.S. Department of Justice sent a letter to the state agency accusing it of violating the Help America Vote Act. The letter threatened to withhold funding and criticized the absence of  an administrative complaint process or hearings to address complaints against the Commission itself. Ann Jacobs, the commission chair, has disputed the accusations and said there is no funding for the federal government to cut. 

Marklein said the state lawmakers want more information before acting on the agency’s budget.

“Out of caution, we think we’re just going to wait and see,” Marklein said. “We need to analyze this and see what implications there may be for the entire Elections Commission and what impact that may have on the budget.”

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Clerks worry that Wisconsin bill would mean more election disputes end up in court

A man in a blue sports jersey, baseball cap and glasses, sits at a "voter check in" table and points as a line of voters waits. Voting stations — marked by white dividers labeled "vote" — are in the background.
Reading Time: 4 minutes

A Republican-backed bill would make it easier to go to court to challenge the Wisconsin Elections Commission’s rulings on administrative complaints — a shift that could increase the number of election-related lawsuits.

The proposal, Assembly Bill 268, seeks to reverse a recent Wisconsin Supreme Court ruling that limited who has the right to appeal such rulings. If passed, it would allow more residents to bring election challenges into the court system, rather than leaving accountability solely in the hands of the commission. 

If the bill fails, supporters argue, holding election officials accountable for breaking the law would be difficult or even impossible.

As the law stands now, under the Supreme Court’s interpretation, “unless a person is personally, legally harmed by a WEC decision, the decision is unappealable,” Republican state Sen. Van Wanggaard, the bill author, said at an Assembly elections committee hearing Tuesday.

Complaints to the Wisconsin Elections Commission are frequent

State residents of all political affiliations regularly file complaints with the Wisconsin Elections Commission, which is the legally required first step for most election-related challenges, unless they are brought by district attorneys or the attorney general.

Liberals have filed complaints over concerns about towns that switched to hand-counting ballots and alleged inaccuracies on candidate nomination forms. Conservatives have filed complaints over allegedly being denied poll worker positions. Other complaints have involved allegations that clerks refused to accept ballots at polling places and unproven accusations of ballot tampering.

In one prominent case after the August 2022 election, then-Racine County Republican Chair Kenneth Brown filed an administrative complaint with the commission, accusing Racine of illegally using a mobile voting van for city residents to cast in-person absentee votes. Brown alleged, among other things, that the van was stationed around more Democratic areas of the city, illegally providing an unfair partisan advantage.

The commission rejected Brown’s complaint, finding no probable cause to suspect that the use of the van was illegal. Brown, represented by the conservative legal group Wisconsin Institute for Law & Liberty, appealed. State law allows election officials or complainants “aggrieved” by a commission order to appeal it to circuit court.

Courts disagreed over whether Brown was qualified to sue under that standard. The Wisconsin Supreme Court’s liberal majority ultimately dismissed the case, ruling that Brown had not shown the commission’s decision made it harder for him to vote or harmed him personally.

“Because Brown was not injured by WEC’s decision,” liberal Justice Jill Karofsky wrote in the majority opinion, he “does not have standing to seek judicial review.”

Republicans panned the decision. Liberals were mostly happy with the outcome of the case, but some objected to the court’s legal reasoning on standing and complained that the justices should have addressed the underlying dispute in the case — that is, whether the use of the mobile voting van was legal.

Clerks, meanwhile, largely supported the justices’ interpretation of who has standing to challenge a commission ruling in court. They expressed concern about the Wanggaard bill, which would negate that ruling.

“This concept of legal standing exists because it prevents the courts from becoming overburdened with speculative, ideological or purely political lawsuits,” Green County Clerk Arianna Voegeli, a Democrat, said at the hearing. The bill, Voegeli said, opens the door to politically motivated complaints “aimed at harassing election officials or disrupting election administration.”

Proponents say bill would provide a check on the WEC

Assembly Bill 268 would explicitly allow any complainants to appeal any commission order that doesn’t give them what they’re asking for, “regardless of whether the complainant has suffered an injury to a legally recognized interest.”

Lucas Vebber, deputy counsel of the Wisconsin Institute for Law & Liberty, which registered in favor of the bill, told Votebeat that in voting disputes, courts should decide cases on the underlying legal arguments, rather than focusing on who has the right to sue.

“It’s important that any government actor who’s making decisions (has) some kind of a mechanism in place to review those decisions in every case,” Vebber said.

“Both sides have filed these types of complaints,” he continued, “and I think all of them, regardless of political affiliation, should have their opportunity to have a day in court.”

Courts are already weighing in on an increasing number of voting disputes — including cases on drop boxes, whether voters can spoil their ballots and whether municipalities can forgo accessible voting machines for people with disabilities.

Rock County Clerk Lisa Tollefson said in a statement that the proposal could lead to more harassment and a “surge in litigation” against clerks since anybody in the state could file a complaint against the clerk, whether or not they were harmed, and then continue to pursue the case in court.

Wanggaard, the bill author, said it’s not his goal to put more pressure on clerks. Clerks weren’t getting flooded with cases before the Supreme Court restricted who could sue over commission complaints, he said.

Rep. Scott Krug, the Republican vice chair of the elections committee, said the bill’s language might be overly broad and suggested changes that would draw some limits on who could challenge a commission ruling in court.

For example, he said, lawmakers could clarify that only people who live in the jurisdiction where the alleged violation occurred could appeal a commission ruling.

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.

Clerks worry that Wisconsin bill would mean more election disputes end up in court 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.

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