Reading Time: 7 minutes

On a quiet Friday at Mo’s Bar, a lakeside dive where regulars gossip over beer and fried perch, Rep. Scott Krug blended in easily. 

He nursed a Miller Lite and gestured out the window toward Big Roche a Cri, one of the lakes that he said had taught him everything he needed to know about surviving the Capitol’s sharpest fights.

“I was the water guy in the Legislature for years and years,” said Krug, an eight-term Republican who represents a region of farms, lakes and rivers stretching south and west from Wisconsin Rapids. Instead of sticking to the party line, he said, he tried to balance the interests of farmers, the tourism industry and clean water — ultimately winning support from both conservation and agricultural groups.

“I don’t give a shit about getting my head kicked in by both sides,” Krug said. 

That willingness to buck party orthodoxy has mattered even more in recent years amid Wisconsin’s fierce battles over election administration. As many Republicans leaned into Donald Trump’s false claims about fraud, and the Assembly’s elections committee became a stage for conspiracy theories, Krug carved out a different role: the pragmatist trying to keep the system running.

He took over as chair of the committee in late 2022 after his predecessor’s hard-line tactics cost her influence. This session, Krug has moved up to assistant majority leader, a role that puts him at the center of GOP caucus strategy. That might mean winnowing 18 election ideas down to five bills, huddling with Wisconsin Elections Commission appointees, talking with clerks across the state, or working the halls to find a path for bipartisan proposals long stuck in gridlock.

It has been hard for Krug to overcome the conspiracy theories embraced by a small GOP faction and rally his colleagues behind his proposed election reforms. When Republicans do unite on election policy, their bills usually face Democratic opposition and a veto from Gov. Tony Evers.

Still, Krug has kept pushing for the policies that clerks have long asked for, like allowing absentee ballots to be processed the day before an election. 

He said he measures his success not only on whether he can get his proposals enacted, but also on whether he can change the tone of the debate, increase confidence in elections and cool the conspiracy talk on the elections committee and in his party, even as Trump and his allies help fuel it. 

“Messaging,” he said, “has become more important than actual policy.”

The era Krug replaced

Krug took over the election committee from Rep. Janel Brandtjen, a Trump loyalist who regularly invited conspiracy theorists to testify. Groups like True the Vote and people like Peter Bernegger, a prolific election litigant, used the committee’s platform to veer into unsubstantiated accusations of malfeasance or outright fraud by election officials.

Brandtjen also routinely exceeded her authority as chair, issuing invalid subpoenas to counties and other election offices. 

Brandtjen also embraced former state Supreme Court Justice Michael Gableman’s partisan review of the 2020 election, which floated the idea of an unconstitutional decertification of the election, threatened to jail mayors and ultimately cost taxpayers more than $2 million. 

While Trump praised Brandtjen’s loyalty, her standing within her own caucus weakened. Assembly Republicans voted to bar her from closed caucus meetings in 2022, writing to her that past issues “led our caucus to lose trust in you.” Brandtjen dismissed the note as “petty.”

Krug saw an opportunity to restore order and told Assembly Speaker Robin Vos: “Give me the election committee,” he recalled. Vos handed him the gavel that December.

The tone changes, while legislation stalls

The tone shifted immediately. 

In one of the committee’s first sessions, Krug held public hearings on bipartisan bills to limit polling place closures and compensate local governments for holding special elections. In the next session, he held a hearing on another bipartisan bill to increase penalties for harming election officials. 

He didn’t shy away from giving space to Republican-backed priorities either — including a bill to specially mark noncitizens’ IDs as not valid for voting, and an informational hearing to investigate whether noncitizens were on the state’s voter rolls. The first was vetoed by Evers, and the second didn’t go far after the Department of Transportation declined to turn over the necessary data. (Krug told Votebeat he thought the number was minuscule but still wanted the department to share its data.)

Still, for clerks and legislators across the state, Krug has been a welcome change.  

Rock County Clerk Lisa Tollefson, who has been advocating for clerks in the Legislature for about eight years, told Votebeat that Krug was the best chair she’s worked with so far. “He wants to understand the system the most,” she said.

Rep. Lisa Subeck, a Madison Democrat and former member of the election committee, said Krug brought a civility back to the committee that had disappeared after the 2020 election. She also praised some of his ideas, though she questioned the effectiveness of his advocacy, noting many proposals he supported never got Assembly approval. 

Krug said a lot of the obstacles come from the state Senate, which blocked the Monday processing bill last year. The Senate, he said, has more “further-outs” on elections. 

Kim Trueblood, the Republican county clerk in Marathon County, called Krug’s leadership “refreshing” but said she doesn’t know what to do to convince some GOP senators “that the bogeyman under the bed is not real.”

Krug said he’ll keep trying, and his record suggests he won’t shy away from intraparty disagreements. 

He tried to calm down the rhetoric after 2024 U.S. Senate candidate Eric Hovde delayed conceding for two weeks, blaming his loss in part on “improbable” absentee ballot totals in Milwaukee. Krug recalled Hovde raising the issue again in a phone call during this year’s Supreme Court election. Krug, who was observing Milwaukee’s absentee ballot counting facility, said he told Hovde: “I’m telling you, it’s not the issue here.”

Hovde said he couldn’t recall the exchange. He told Votebeat that while he does not blame his loss on central count, his skepticism of the process remains.

Other states, meanwhile, are still battling the ghosts of 2020 in their legislative committees. In neighboring Michigan, Republicans rebranded their House’s Elections Committee into the Election Integrity Committee and placed it in the hands of a legislator who believes the 2020 election was stolen, regularly inviting the type of firebrands Brandtjen once welcomed. In Georgia and Arizona, hearings on election-related legislation regularly erupt into partisan shouting matches.

Vos, the Assembly speaker, said Krug has treated election concerns as “a problem to be solved,” rather than “milked.” He praised Krug for being practical with legislation rather than holding out until he found perfection.

“I think he’s really done a good job of bringing people together,” Vos continued. “He’s been an incredible leader to try to showcase that it doesn’t have to always be partisan.”

Walking the GOP tightrope on election policy

Krug stepped down as committee chair this session, shifting to vice chair and taking on a new role as the Assembly’s assistant majority leader, where he’ll help rally Republican votes. He said he hopes to bring the same spirit of compromise to his leadership role. 

The new role means he can write his own bills for the election committee, which he was unable to do last session, as committee chairs generally are not allowed to preside over their own legislation.

Krug said one of his biggest hurdles this session is dealing with election conspiracy theorists — a faction he argues has lost influence in Wisconsin but remains disruptive.

The tougher challenge, he added, will continue to come from Washington. Trump and his allies have called for banning mail voting, overhauling voting machine standards, requiring proof of citizenship to vote, and using the Department of Justice to scrutinize the Wisconsin Elections Commission. 

Krug has tried to give where he can, incorporating some provisions of a Trump executive order on elections into draft legislation. 

But his tone changed when Trump posted on social media that he wanted to ban mail-in voting and criticized voting machines. “My whole goal is to get results quicker,” he said, “not to go back to hand-counting and wait for results until the Friday after the election.”

Usually, when his constituents or other Assembly members come to him espousing these ideas, he can calm them down with “truth and data,” a strategy he says works until another press release comes from the Trump administration.

“And that’s our struggle,” he said. “You see this ebb and flow, and it’s all based on what comes out of Washington. So we put the fire out. He stokes it, then I put the fire out, he stokes it.”

Krug, a real estate agent, parent of six, and grandparent, said he’ll stay busy even if his tactics make him politically unpopular. If his constituents force him out for telling the truth, he said, he’ll just go sell more houses — and keep adding to his bobblehead collection, a running competition with Evers. 

Krug sees promising signs in his party

At Mo’s Bar, where workers and patrons greet him like a neighbor, it’s clear his independence hasn’t yet cost him local support. Despite the headwinds, he insists the atmosphere around elections has changed.

“I feel it when I talk to everybody,” he said. “It used to be my first conversation when I walked in here: ‘What are you gonna do about the goddamn election?’ It’s over. People don’t do that.” 

Buoyed by that shift, Krug is scheduled to introduce several election-related bills on Wednesday, telling Votebeat he expects most to win bipartisan support. The measures would let clerks process ballots the day before an election, add new auditing requirements, regulate the use of drop boxes, and repeal a law critics say puts ballot privacy at risk.

He also sees promising signs of improvement from within his own party. 

In April — when Hovde and U.S. Sen. Ron Johnson were still criticizing Milwaukee’s election operation — losing Republican Supreme Court candidate Brad Schimel conceded defeat without caveat or complaint. 

As some supporters booed him, Schimel said, “You’ve gotta accept the results.”

Krug said he hoped the concession would be a sign to other GOP candidates that the “shine has worn off” of holding radical election positions.

“I’ll never find a way to fix it entirely,” he said, but he has to keep at it because the effort will shape how Wisconsinites view the Legislature on all other issues. 

“Everything starts from elections,” he said.

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.

State Rep. Scott Krug emerges as GOP’s voice of pragmatism on Wisconsin election policy 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.

Reading Time: 3 minutes

Wisconsin’s controversial practice of randomly removing ballots to resolve discrepancies between the number of ballots and the number of voters would be prohibited under new draft legislation that requires meticulous audits in every county.

The draft proposal, obtained by Votebeat from Republican Rep. Scott Krug, will be formally released this week. Krug said the proposed ban on removing random ballots, known as drawdowns, was inspired largely by a Votebeat investigation highlighting election officials’ reluctance to use the practice and questions about its constitutionality.

“That practice undermines public trust,” Krug said, calling drawdowns “outdated.”

Wisconsin’s law allowing drawdowns is almost as old as the state, and it appears to be used most often in recounts. Other states have had similar laws, but most have repealed them. 

Drawdowns occur when records show more ballots cast than the number of voters who cast ballots. These discrepancies usually stem from minor recordkeeping errors or process mistakes.

For example, if poll workers discover an absentee ballot envelope was improperly filled out but had already been separated from its ballot, the ballot still counts, leaving more ballots than valid voters. Because ballots are generally unidentifiable, the law would call for election officials to remove one ballot at random.

Multiple Wisconsin clerks have told Votebeat that they loathe the practice, and national election experts have been flabbergasted that it exists. 

A legislative study committee in 2005 questioned the practice’s constitutionality without resolving the issue. Courts have similarly scrutinized its use. The Wisconsin Elections Commission has said a drawdown should be reserved as a last resort “when you cannot explain why you have more ballots than voters.”

Sam Liebert, Wisconsin state director of the group All Voting Is Local and a former clerk, said he once had to conduct a drawdown. He called it “one of the most gut-wrenching things I think I’ve ever done.”

“Every one of those ballots — it’s an American citizen’s hopes and dreams of the candidate or candidates that they want to represent them,” he said.

Although drawdowns are rare and usually limited to recounts, they’ve drawn national attention.

When President Donald Trump tried to overturn the results of the 2020 election in Wisconsin, his team invoked the law to seek a drawdown of 220,000 absentee ballots in Dane and Milwaukee counties, calling the practice “the only legally available remedy” to account for what it alleged were unlawfully cast ballots. The Wisconsin Supreme Court narrowly rejected the effort.

Other states typically require officials to explain discrepancies rather than resolve them by discarding ballots. Krug’s legislation would require exactly that — for election officials to document the discrepancy and record the number and type of excess ballots.

Proposal would require risk-limiting audits

The bill also requires risk-limiting audits, a kind of post-election review designed to give statistical confidence that votes are accurately tallied.

In these audits, workers review a statistically significant sample of ballots that should mirror the vote totals. If the sample doesn’t align with official results within the allowed margin of error, officials review more ballots until it does. The number of selected ballots varies from election to election, depending on how close a race is and how many ballots were cast. 

The math behind risk-limiting audits is complex, but election experts and officials have long supported the practice. 

Jennifer Morrell, CEO of The Elections Group, a consulting firm, said she has long promoted risk-limiting audits because they can include more ballots than other reviews. They can be laborious in close races but less burdensome in lopsided ones.

Morrell said jurisdictions that have implemented risk-limiting audits have become better at accounting for their ballots and reconciling vote totals, knowing that any issues would become obvious during an audit.

Liebert, from All Voting is Local, called risk-limiting audits “an effective way to ensure a correct count and detect any statistical anomalies,” while boosting voter confidence.

Closer races require larger samples, and in very tight contests, such audits may require a full hand count. Rock County Clerk Lisa Tollefson said that could happen often, as races across the county tend to be quite close.

Krug’s proposal calls for county clerks to perform a risk-limiting audit for the contest garnering the most votes at each general or spring election before they certify the election results. It also calls for an additional audit of a random contest in those elections that the Wisconsin Elections Commission selects.

A pilot program would begin in 2026, with full implementation in 2027.

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 bill would repeal ‘outdated’ ballot drawdown law and require risk-limiting audits 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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This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

Some of the 193 Madison voters whose ballots mistakenly didn’t get counted in the 2024 presidential election filed a lawsuit on Thursday seeking class-action status, arguing that the city unconstitutionally deprived them of their right to vote.

The lawsuit stands out because it seeks monetary damages for alleged violations of voting rights — a remedy that has become increasingly rare. According to election experts, that type of claim is unlikely to succeed.

“These voters deserved better,” Scott Thompson, an attorney for the plaintiffs with the firm Law Forward, said in a statement. ”In Wisconsin, we value the right to vote, and there will be consequences when that right is denied.”

What’s the dispute?

During the November 2024 election, Madison election officials made a series of errors that kept 193 absentee ballots from being counted on Election Day. Officials waited so long to report the ballots to the county and state that they couldn’t be added before the election results got certified.

The incident led to the city clerk’s suspension and resignation, city and state investigations, and specific orders imposed by the Wisconsin Elections Commission that require the city to establish new procedures.

Who are the plaintiffs and what are they seeking?

The named plaintiffs are some of the 193 voters whose ballots didn’t get counted in the 2024 election: Precious Ayodabo, Cary Bloodworth, Benjamin Jones, Sara Browne, Jenna Innab, Amira Pierotti, Miriam Sham, and Johannes Wolter. They’re represented by attorneys at Law Forward, a liberal election law group, and Holwell Shuster & Goldberg LLP.

They’re suing the city of Madison, the city’s clerk office, former Clerk Maribeth Witzel-Behl, and current Deputy Clerk Jim Verbick, seeking monetary damages for the city’s failure to count the voters’ ballots. The complaint doesn’t specify the amount, but in a claim filed in March, the group representing the plaintiffs requested $34 million, or $175,000 for each disenfranchised voter.

Madison’s interim City Clerk and City Attorney Mike Haas declined to comment on the lawsuit.

Why does it matter?

This lawsuit aims to emphasize the importance of properly counting all ballots and set a monetary penalty for denying a person their vote. Election law experts note that claims for such remedies were common in voting rights battles of the late 1800s and 1900s — particularly when officials deliberately worked to disenfranchise Black voters — but are now rarely pursued and unlikely to succeed.

Although election officials around the state have repeatedly emphasized the severity of Madison’s errors, some told Votebeat that seeking monetary compensation for election mistakes would add unnecessary pressure on them.

Thompson, the Law Forward attorney, told Votebeat that he understands how clerks feel but wants there to be a clear penalty for disenfranchising voters, especially as some conservative groups in the past have sought to prohibit clerks from counting certain ballots.

What happens now?

The lawsuit will likely play out for months or longer. Madison has already hired a new clerk, Lydia McComas, who is set to start in late September.

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

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

Disenfranchised voters sue Madison for monetary damages over 2024 ballot error 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.

Reading Time: 4 minutes

Wisconsin Republicans are reviving a plan to let poll workers process absentee ballots on the Monday before an election, a change long sought by election officials, but blocked by a small but influential group of conservative lawmakers. 

This time, the proposal is tied to measures conservatives want, including regulations for ballot drop boxes and an explicit ban on clerks fixing, or curing, errors on ballots. By bundling the measures together, GOP leaders hope to finally unite their party on a plan that would shorten the wait for election results, reduce the opportunity for election misinformation and avoid a veto by Democratic Gov. Tony Evers. 

The proposal, which Votebeat obtained in draft form from Republican Rep. Scott Krug, is set to be publicly released next week. Krug, former chair of the Assembly Elections Committee and now assistant majority leader in the Assembly, said he “will use every little ounce of political capital effort I created on elections to get Monday processing done, because that’s 90% of our problem in the state: perception.”

Early processing of absentee ballots has had support from Democrats and many Republicans, but proposals to allow it have repeatedly stalled in the past due to concerns over whether Milwaukee, a Democratic stronghold that has been a target of election conspiracy theories in the past, could be trusted with the head start on processing ballots. 

Krug said he is “confident” that this measure will pass.

“I think the right-leaning voters of the state will appreciate that we’re codifying the court decision that (clerks) can’t cure ballots anymore,” said Krug. “I think the middle and the left-leaning people are going to be able to appreciate the Monday processing, and I think everybody’s going to be able to appreciate that there’s standards for drop boxes — they’re not going away.”

Evers’ team has said he would sign a Monday processing proposal that’s packaged with other measures, as long as they didn’t contain a “poison pill” or make voting harder.

Monday processing proposals have stalled in the past

Most states allow some early processing of absentee ballots, but in Wisconsin, local clerks in Wisconsin cannot begin until the morning of Election Day. That process includes verifying voters’ information, checking for complete witness information and running the ballots through a tabulator. This proposal would allow everything to begin on Monday, except tallying the results. 

In Milwaukee, where absentee ballots numbering between 50,000 and well over 100,000 in general elections are counted in a central location, counting often stretches into the early hours of Wednesday. As those ballots get tabulated in batches overnight, they can swing who is ahead in the vote tallies broadcast by the media, fueling false claims of fraudulent “ballot dumps.”

Democrats have long asked for a bill that includes only the Monday processing proposal, but Krug told Votebeat it’s unlikely that enough Republicans would get behind such a measure for it to pass. Evers himself has proposed “clean” versions of the Monday processing bill in past state budgets, but ran into Republican opposition. 

In 2023, the Assembly quickly approved a version of a Monday processing bill, only for it to stall in the Senate after Republican Rep. Janel Brandtjen, a former elections committee chair who has spread election conspiracy theories, testified against it.

“Why would we give bad actors an extra day to cheat?” Brandtjen said in a statement in 2022 criticizing the transparency of Milwaukee’s election operation. (Claims of widespread voter fraud have never been substantiated.)

What’s included in the current Monday processing proposal

The current proposal is similar to past versions and includes previously proposed measures to create a centralized database of Wisconsin residents deemed incompetent to vote and to eliminate an obsolete practice of counting absentee ballots. 

This version also proposes eliminating a law to record unique ID numbers on the back of absentee ballots at central counting facilities — a requirement that election workers say can risk ballot secrecy and creates needless work. It also includes a provision that would standardize witness address requirements on absentee ballot envelopes.

The proposal would require municipalities that count absentee ballots at a central location to begin processing them on Monday; it would allow municipalities that count them at polling places — such as Madison and the vast majority of other municipalities — to start on Monday, too, as long as they pass an ordinance allowing it.

An extra day to process ballots would allow election officials to work shorter shifts and get the job done more efficiently, said Rock County Clerk Lisa Tollefson, a Democrat. 

It could also give election observers, some of whom are skeptical of the voting process, more opportunity to observe both ballot casting and counting, she said.

Tollefson said she was “hopeful” that the bill will finally cross the finish line this session.

“I really would like to have a large municipality have the option to use this, especially for your April and your November elections,” she said. “Those are really long days.” 

Why Monday processing could break through this year

Krug said the proposal is one of his top priorities this session. And enough elements might have lined up for it to finally head to the governor’s desk.

Krug’s new leadership role could help. As assistant majority leader, he brokers support within the GOP caucus, which can only afford four defections in the 99-seat Assembly. He said he’s been trading support for colleagues’ priorities to build votes for Monday processing. He also is no longer chair of the elections committee, freeing him to author bills and advance them directly.

Ballot drop boxes may prove to be a key bargaining chip. The conservative-led state Supreme Court banned them in 2022; the liberal-led court reinstated them in 2024 but left them unregulated in statute.

Krug said he helped work on a poll in April that found 76% of Wisconsinites support the Monday processing proposal and 80% support standardized rules for absentee ballot drop boxes.

He decided to put the provisions together, proposing requirements for drop boxes, including where to place them, how to secure them, how to collect ballots, and how to keep records of when they’re emptied. He also proposed a requirement for the drop box to be under a continuous, livestreamed video feed.

Some members of the Republican caucus, Krug said, still want to get rid of drop boxes entirely. So “we had to kind of beef up the requirements for drop boxes to meet their hurdle. We’re not allowing them, we’re codifying them.”

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 has a new bill to allow early start to absentee ballot processing. Can it pass? 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.

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.

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.

Reading Time: 3 minutes

A federal appeals court ruled Monday against a Wisconsin town that disavowed electronic voting machines, siding with the U.S. Justice Department’s argument that this would unfairly harm voters with disabilities.

What’s the dispute? 

Leaders of Thornapple, a town of 700 people in northern Wisconsin’s Rusk County, voted in 2023 to stop using electronic voting machines, in favor of allowing only hand-marked ballots. They did without the machines for two elections in a row, in April and August 2024. 

The DOJ, under the Biden administration, sued the town in September 2024, arguing that its decision violated the Help America Vote Act, which requires every “voting system” to be accessible for voters with disabilities. Accessible voting machines allow voters with disabilities to hear the options on the ballot and use a touch-sensitive device to mark it.

The town argued that it wasn’t subject to the federal law’s accessibility provision because its use of paper ballots didn’t constitute a “voting system.” 

A district court judge rejected the town’s argument last September and ordered it to use electronic voting machines for the November presidential election. The town appealed that order, but did use a machine in November. 

On Monday, a three-judge panel in the 7th U.S. Circuit Court of Appeals affirmed the lower-court order, finding that “individuals with disabilities would lack the opportunity to vote privately and independently if they only had access to a paper ballot.”

The court based that finding partially on Thornapple Chief Inspector Suzanne Pinnow’s testimony about a blind woman who relied on her daughter’s assistance to fill out a ballot, and a man who had a stroke and who needed Pinnow to guide his hand so he could mark a ballot.

Who are the parties? 

The DOJ had sued two northern Wisconsin towns and their officials in September after both decided not to use electronic voting equipment for at least one federal election. One of the towns, Lawrence, immediately settled with the Justice Department, vowing to use accessible voting machines in the future.

Thornapple officials decided to fight the case. They’re currently represented by an attorney with the America First Policy Institute, a group aligned with President Donald Trump.

Why does it matter? 

The case reaffirms what has long been election practice in Wisconsin: Every polling place must have an electronic voting machine that anybody can use but is especially beneficial for voters with disabilities. 

Distrust of voting machines, which has grown on the right following misinformation about the 2020 election, has led to a movement to ban them across Wisconsin. But the Thornapple case shows that for now, municipalities still have obligations under federal law to allow voters to cast ballots on electronic machines.

The case is relevant nationally, too. Since Trump took office in January, the U.S. Justice Department has withdrawn from multiple voting-related cases. But the Justice Department forged ahead in this lawsuit, signaling that, at least for now, it is not backing the movement to forgo electronic voting equipment entirely.

What happens now? 

Thornapple is “considering our options,” said Nick Wanic of the America First Policy Institute. The case could get appealed to the U.S. Supreme Court or proceed in the lower federal court. 

Although the order that required Thornapple to use accessible voting machines applied only to the November 2024 election, at this point, two federal courts in this case have ruled that towns must have accessible voting machines for people with disabilities.

“Voters with disabilities already face many barriers in the electoral process, and making sure they have access to a voting system which allows for basic voting rights to be met is a minimum — and legal — standard that they should not be worried about when exercising their right to vote,” said Lisa Hassenstab, public policy manager at Disability Rights Wisconsin.

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 town loses federal appeal over its ban on electronic voting machines 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.

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.

Reading Time: 5 minutes

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.