Elections commission discussion of lost ballots ends in shouting match

Wisconsin Elections Commissioner Robert Spindell arrives at Milwaukee Central Count with Sen. Ron Johnson (Photo | Isiah Holmes)
Wisconsin Elections Commission (WEC) Chair Ann Jacobs said at a meeting Thursday that the body is still investigating how the City of Madison lost nearly 200 ballots during the 2024 presidential election.
The city of Madison announced in late December that 193 unprocessed absentee ballots had been found in the weeks following the election. The discovered ballots weren’t enough to sway the results of any contests, but WEC began an investigation into the error to determine what caused it and how similar mistakes can be prevented in future elections.
On Thursday, Jacobs said that she and Republican commissioner Don Millis had already taken depositions of former Madison city clerk Maribeth Witzel-Behl and members of her staff but that there was more work to be done and depositions to conduct with employees of Madison and Dane County. She added that those other interviews were delayed until after the April 1 election.
Witzel-Behl, who had already been on administrative leave during the spring elections, resigned from her position as Madison city clerk earlier this week after nearly two decades in the role during which time she oversaw more than 60 elections.
Jacobs said the investigation has already highlighted ways the state can improve its absentee ballot processes.
“On a positive note, I do think the information we’re learning from the work we’ve done so far will help inform some best practices for tracking absentee ballots, making sure all absentee ballots are counted timely, and as we move to amend our manuals and update them … I really do think that what we’ve learned is going to help us do a better job there on some of that absentee ballot processing,” she said.
After the update on the investigation, Republican commissioner Robert Spindell began remarks that devolved into a shouting match with Jacobs.
Spindell began by noting how long Witzel-Behl had been the Madison clerk.
“I think it’s fine that we’re doing this investigation of the city of Madison, or the misplacement of some [193] ballots and then not properly following through when they were found,” he said. “But I do want to commend the Madison clerk for her 20-plus years service.”
Spindell then transitioned into what he said he believes is a “more serious problem” — some Milwaukee polling places running out of ballots during the April 1 election. On Election Day earlier this month, seven polling sites ran out of ballots, causing city officials to scramble to replenish supplies. The delay caused long lines to form at some polls.
City election officials said they generally determine how many ballots to print and distribute to poll locations by assessing voter turnout in previous similar elections. But this year Wisconsin and Milwaukee broke turnout records for a spring election.
A former member of the Milwaukee Elections Commission who previously sparked controversy when he celebrated and took credit for the low turnout among Black voters in the 2022 midterm elections, Spindell has often been extremely critical of the administration of Milwaukee’s elections.
Republicans have often attacked Milwaukee’s election administration, resulting in frequent, baseless accusations that the city’s election results are fraudulent.
Before Spindell could finish his statement, Jacobs banged her gavel, saying she was ruling his comment out of order, but Spindell just got louder and continued.
Wisconsin open meetings law requires that if a government body such as the elections commission is going to discuss an issue at a meeting, it must have been properly listed on the meeting’s announced agenda.
“I am not going to let you keep going,” Jacobs said. “I’m going to talk over you until you stop. You must stop. You are out of order, and I will eject you from this meeting. Do you understand the words I am saying? They are simple. You are out of order. The City of Milwaukee is not on this agenda. You do not get to hijack the agenda. You are not the chair. When you are chair you get to put things on the agenda, it’s not on the agenda.”
Even though most of what he said was inaudible, Spindell ended by saying “I’ve said what I needed to say.”
During the meeting, the commission also approved the design for a mailer that will be sent to voters who haven’t voted in four years to ask if they still live at the addresses listed in their voter registrations and informing them they risk having their registrations deactivated. The commissioners also received an update on an audit to determine if any people currently serving felony sentences voted in recent elections and moved forward an administrative rule that would keep the home addresses of judicial candidates off public elections paperwork.
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