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An attorney for the Republican Party of Wisconsin told local officials ahead of a key vote last week that Madison should not count 23 absentee ballots from last week’s Supreme Court election that arrived at polling places after they had closed — a dispute that could set up a legal challenge.

The GOP weighed in hours before the Madison Board of Canvassers voted unanimously on Friday to count the affected ballots. On Monday, the Dane County Board of Canvassers followed suit, voting 2-1 to count the ballots.

Election officials make these judgment calls all the time, and, historically, courts have allowed them. Officials are routinely called upon to address whether a witness address is complete, whether a damaged ballot can still be counted, or the like. These issues are usually resolved locally and without controversy. 

But disputes like this — over how to interpret the law and whether late-arriving ballots should count — are harder to contain. Experts say leaving those decisions to individual counties risks inconsistent outcomes across Wisconsin, especially in a high-stakes election season.

Rick Hasen, an election law professor at UCLA, said that kind of patchwork approach is a recipe for conflict.

“This is not tenable in the current political atmosphere,” Hasen said.

Dane County votes to count ballots despite GOP opposition

The kind of disagreement worrying Hasen was on full display at Monday’s meeting of the Dane County Board of Canvassers. Two canvassers said there was a clear answer about what to do with the ballots — but they arrived at different ones.

“I don’t think this is hard,” Dane County Clerk Scott McDonell said.

“I don’t either,” said canvasser Mike Willett, a former Dane County supervisor and a Republican appointee on the board.

McDonell voted to count the ballots, while Willett voted against it, saying the board had previously rejected late-arriving ballots and he didn’t want to create exceptions.

Erik Paulson, the other Democrat on the board, sided with McDonell to count the ballots.

Republican opposition was already taking shape before the vote.Emails obtained by Votebeat show that Nicholas Boerke, an outside attorney for the Wisconsin GOP, urged city and county officials on Friday not to count the ballots.

“We recognize this situation may have resulted from an unfortunate logistical failure. However, administrative error does not create statutory authority that otherwise does not exist,” he wrote.

“Voting absentee is a privilege granted by the Legislature that comes with inherent risks and the election day deadline for the receipt, processing, tabulation, and counting is mandatory,” he continued.

The canvass, Boerke told officials, was a “ministerial process, not a vehicle for processing absentee ballots” that weren’t received by the time dictated in law, “nor a mechanism to conduct an unauthorized recount.” 

Amber McReynolds, an assistant attorney for Madison, responded that counting the ballots was in line with court decisions and past Wisconsin Elections Commission recommendations.

Boerke responded, telling officials the GOP maintains “that the statutory language is clear — absentee ballots that are not timely delivered to polling locations before 8 p.m. may not be counted.”

Boerke didn’t immediately respond to a request for comment about whether the GOP would sue Madison.

Error led to 23 Madison absentee ballots arriving late

The ballots at issue arrived at the city clerk’s office on Monday, April 6. The absentee ballot courier carrying the ballots left a city facility at 6:30 p.m. on Tuesday, April 7, to deliver ballots to 17 polling places, but the courier did not make it to the last few polling places until after the 8 p.m. deadline.  

Officials said these 23 ballots were correctly, legally cast and checked into the pollbooks just like any other absentee ballot — the only problem was that that happened after polls formally closed.

Madison Clerk Lydia McComas said it was a critical error to put just one person in charge of delivering ballots to so many polling places. Madison is the largest city in Wisconsin that still chooses to count absentee ballots at individual precincts rather than at a central location — a decision that requires ballots to be transported across the city on Election Day.

It remains unclear, however, why the ballots departed from the city’s facility so late in the day. Across the state, clerks design their Election Day logistics to ensure ballots are delivered by that cutoff. McComas said it was her and her staff’s understanding that the law required ballots to be delivered to polling places by 8 p.m.

There appears to be little appetite among clerks to formally extend that deadline. 

“I do not plan to take advantage of whatever ruling comes here tonight,” McComas said ahead of the county vote, implying that she wouldn’t take advantage of the canvassing board’s leniency and plan for future late deliveries accordingly. 

McDonell said rejecting the ballots would penalize voters for something outside their control. “And I think that’s very problematic,” he said.  

Disagreement over Wisconsin election law is ripe for legal challenges

The statute at issue in this situation says ballots must be returned so that they’re delivered to polling places “no later than 8 p.m. on election day.” 

“If the municipal clerk receives an absentee ballot on election day,” the law continues, “the clerk shall secure the ballot and cause the ballot to be delivered to the polling place serving the elector’s residence before 8 p.m. Any ballot not mailed or delivered as provided in this subsection may not be counted.”

At the county-level meeting on Monday, county attorney David Gault, arguing that the ballots should be counted, took the position that the law does not apply here because the ballots were received before Election Day.

“The clear intent of everything in the statutes,” he said, is not to punish the voter for mistakes made by election officials.

“That’s certainly an interpretation,” said Willett, the conservative member of the county canvassing board. “When we start making these exceptions, these exceptions just grow.”

What’s clear to Bryna Godar — a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative — is that the statute is “ambiguous about this type of situation.” She said one part of the law appears to govern voters returning ballots on time, while another addresses ballots received on Election Day — leaving situations like this unclear.

“Because there is no voter fault here from what we know so far, there would be good reason to still count those ballots,” she said, adding that rejecting them could raise constitutional concerns.

At the city meeting on Friday, McReynolds noted that courts ruled in the 1970s and 1980s that ballots should be counted as long as there’s “substantial compliance” with election laws and no evidence of “connivance, fraud, or undue influence.”

In 1985, however, the Legislature passed a law emphasizing that absentee voting is a privilege exercised outside the usual safeguards of the polling place and that ballots not meeting legal requirements “may not be counted.”

Boerke cited that law in his exchange with the city and county, as conservatives have done repeatedly in issues of absentee ballot missteps and controversies.

Still, the courts have continued to show flexibility. In a 2004 dispute, the Wisconsin Supreme Court held that “the failure on the part of the election officials to perform their duties should not deprive the voters of their constitutional right to vote.”

Lawyers often say that it’s more important for a law to be certain than for it to be right, said Hasen, the UCLA professor. Uncertainty — especially when there are good-faith arguments on either side — is one of the most dangerous situations in election law.

“That just creates all kinds of issues of equal protection and due process and election fairness,” he said. “So the more that these issues can be resolved one way or the other, not in the heat of a very close election, the better it is.”

If an election hinges on ballots like these, he said, a lawsuit is all but inevitable. 

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 GOP advised officials not to count late-arriving ballots, raising possibility of legal challenge 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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Madison poll workers on Election Day counted 23 absentee ballots that arrived at four polling places after 8 p.m. Tuesday, despite a state law requiring that absentee ballots be “delivered to the polling place no later than 8 p.m.” in order to be tallied.  

The law provides no clear exception to that deadline and says ballots not delivered on time “may not be counted.” But court rulings have given boards of canvassers broad discretion in these cases, allowing them to count ballots as long as there’s “substantial compliance” with election laws and no evidence of “connivance, fraud, or undue influence.”

A past Wisconsin Supreme Court case held that election statutes don’t need to be fully complied with, so long as election officials preserve the will of the voter.

City election officials instructed poll workers to count and mark the affected ballots — which all arrived by the end of the night on Monday, the day before Election Day — in case the city, county or state decides to exclude them. 

The Madison canvassing board on Friday unanimously voted to count the 23 ballots. Assistant City Attorney Amber McReynolds said the error was made by the city clerk’s staff, not voters, and that past precedent supports counting the ballots. The county canvass begins Monday.

It is unclear why the ballots — which had been in the city’s possession for several hours before the deadline — were so delayed in arriving at the polling places. 

The late delivery marks another potentially significant error in how the city handles its ballots after it faced extensive public scrutiny and a state investigation for disenfranchising 193 voters whose ballots were misplaced in the November 2024 election.

It’s the first high-turnout election run by City Clerk Lydia McComas, hired to replace the clerk who oversaw the 2024 ballot snafu. McComas said her office had informed the Wisconsin Elections Commission of the situation.

Ballots left the city late and got to polls after deadline

Those ballots were in the hands of a ballot courier, who left a city election facility around 6:30 p.m. to deliver ballots to the polls. The courier arrived at those final four polling locations after 8 p.m., reaching the final one at about 8:30 p.m, delivering a combined 23 ballots to all of them.

“Due to a longer-than-usual delivery time, the very last few ballots arrived at four polling places shortly after polls closed,” McComas said.

When similar incidents happened in the past, the county board of canvassers didn’t count those votes in the final canvass based on legal advice, Dane County Clerk Scott McDonell said. He said he’s waiting for more details before deciding how to proceed with these ballots at Monday’s county canvass meeting.

In those past incidents, the county board decided that not counting the ballots in the final county tally “was an obvious choice based on the way the statute’s written,” McDonell said. “The statute isn’t vague.”

Given the ballots’ timely arrival, McDonell said, “they should have gotten out to the polls and should have been counted on time.”

Other municipalities have counted ballots discovered late

Other election officials have at times decided to count ballots discovered after the 8 p.m. deadline, but the rules for municipalities are different depending on their procedures for counting absentee ballots.

In November 2020, Milwaukee workers discovered nearly 400 uncounted ballots during a recount. A campaign representative for President Donald Trump objected to those ballots being included, but the municipal canvassing board unanimously decided that they should count.

At the February 2022 election, Wauwatosa election officials discovered 58 unopened ballots. After consulting the Wisconsin Elections Commission and the city attorney for advice, the city clerk convened the Wauwatosa Board of Canvassers, which included the missing ballots in the totals.

But the rules that allowed Milwaukee and Wauwatosa to count those ballots may not apply to Madison. In both of those cities, absentee ballots are counted in a central location. In Madison, absentee ballots are counted at the polling locations where the registered voter would have voted in person. 

In cities like Madison, election workers must deliver absentee ballots to polling places by 8 p.m. For central count municipalities, by comparison, state law only says election officials there shall count ballots received by the clerk by 8 p.m., without clarifying that they must be in a certain place by that point.

The Wisconsin Elections Commission has said the 193 ballots Madison missed in 2024 could have been counted had the city made the appropriate notifications to state authorities. But those ballots were likely already at polling places on Election Day — unlike the 23 ballots here, which arrived after the deadline.

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.

Can Madison count some ballots delivered after an 8 p.m. deadline? 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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Months before becoming one of the nearly 200 Madison voters in 2024 whose absentee ballots were never counted, Nathan Haimowitz did what he thought he was supposed to do.

As a journalist living in Spain and out of the habit of voting, the 26-year-old former poll worker said he wanted the 2024 presidential election to “be the thing that would spur me to vote more consistently.” To make sure everything was in order, he emailed Madison officials to confirm they had received his absentee ballot application. They told him they had, so he filled out his ballot, sent it in and assumed his vote would be counted.

It wasn’t. 

The mistake that disenfranchised Haimowitz and nearly 200 other voters set off a chain of consequences: The longtime city clerk resigned, state and local officials launched investigations, a lawsuit was filed, and the city began overhauling its voting procedures.

Haimowitz hasn’t cast a ballot since.

“It was definitely a deterrence,” he said. “I didn’t know why my vote hadn’t been counted.”

Early signs suggest the error is already reshaping how many of the disenfranchised voters engage with elections — pushing some away from absentee voting and, in some cases, out of the electorate altogether. Interviews with affected voters also reveal a broader disconnect: Many say they are dissatisfied both with how the city handled the mistake and with the high-profile lawsuit filed in its wake to seek damages for the disenfranchised voters. The city, they say, has not been appropriately responsive, and the lawsuit does not reflect their values. 

Until now, the public conversation has largely reflected the perspectives of the eight voters who joined the lawsuit as named plaintiffs. But others Votebeat spoke with described a different perspective — one that questions whether financial compensation is the right remedy at all.

Mark Ediger, a recently retired chemistry professor at UW-Madison, for example, said he found the lawsuit “pretty bewildering,” adding that as a Madison taxpayer, it would be people like him footing the bill. 

The 193 voters range from dozens of students who are only in Madison for a few years to some of their professors and other longtime city residents. Their responses to the error are just as varied. 

Some, like Haimowitz, stopped voting entirely. Others, like Ediger, say the incident was a one-off mistake that hasn’t impacted their voting behavior. Notably, Ediger is the only voter among the disenfranchised group who has voted absentee in both of the two elections following the error, according to election data obtained by Votebeat.

“The incident has not diminished my trust in elections,” Ediger told Votebeat, adding that he’s satisfied the city has appropriately addressed its cause. “I don’t see how this should change my voting behavior moving forward.”

But other voters said their experience will change how they vote in future elections. “I’m definitely going to prioritize in-person voting,” Joanne Fairbotham, one of the disenfranchised voters, told Votebeat.

“There’s growing evidence that when someone tries to vote and they are prevented from doing so for one reason or another, it makes them less likely to vote in the future, and it can change their behavior,” said Kevin Morris, a senior research fellow and voting policy scholar with the Brennan Center’s Democracy Program. “You can lose a lot of trust very easily, and it can be very difficult to build that trust.”

All of the disenfranchised voters cast absentee ballots in the 2024 presidential election. But, among the 22 who cast ballots in the February 2025 primary for state superintendent of public instruction and city council, nearly all did so in person. Two months later, two-thirds of the 132 who voted in the Wisconsin Supreme Court race did so at the polls, a share similar to how the same group voted in previous April elections. 

Disenfranchised voters question city follow-up 

Shortly after learning that her ballot hadn’t been counted, Fairbotham — a 35-year-old medical coder who lives in Madison — wrote to City Clerk Maribeth Witzel-Behl, saying the error was “beyond devastating as an American who prides herself in voting in every election.”

“This is how people lose faith in their government that their rights will be protected,” she said in the letter, calling on Witzel-Behl to resign. 

Fairbotham said she never received a response from Witzel-Behl, who has since resigned — or anyone else employed by the city. 

“Not hearing a peep,” she said, is the most frustrating part. Fairbotham’s vote in the 2024 presidential election was the first time she cast an absentee ballot since the peak of the pandemic in 2020. She has only cast in-person votes since and said the incident still makes her angry.

Madison City Attorney Mike Haas disputed the characterization that the city didn’t communicate the seriousness of the error, pointing to a city and state investigation and a public apology from the mayor.

Still, some voters said the city’s outreach fell short after such a significant error. Haimowitz, for example, didn’t hear from the city when most of the voters did — a separate oversight by city officials meant overseas voters did not receive the same notice as those living locally. Until speaking with Votebeat, Haimowitz said, he didn’t know whether the mistake that kept his ballot from being counted was his or the city’s, nor what steps officials had taken to prevent it from happening again.

Election administration experts say direct, proactive communication can be critical in rebuilding trust. After a mistake like the one in Madison, jurisdictions should reach out to affected voters, review what went wrong and clearly explain how it will be prevented in the future, said Jennifer Morrell, CEO of The Elections Group and a former Colorado election administrator.

The city has completed the first two steps, Morrell said, but it did not fully follow through on the third.

After sending an initial notice telling voters they could reach out with questions, the city held no further public hearings, said Haas, a longtime election lawyer and former administrator of the Wisconsin Elections Commission. Few of the disenfranchised voters followed up, he added.

Some disenfranchised voters find lawsuit bewildering

The divide among disenfranchised voters extends to the lawsuit filed in the aftermath of the error.

In March 2025, the liberal group Law Forward filed a claim seeking $34 million from the city and Dane County over the error, later turning it into a lawsuit. In February, a circuit court judge ruled that the city could be held liable for monetary damages.

A small group of affected voters has joined the case, arguing it’s one of the only ways to hold the city accountable for failing to count their ballots.

But others see it differently. “In an era where the reliability of elections is being challenged by some groups in completely spurious ways, it seems to me that this lawsuit just adds to that noise,” Ediger said.

Lawsuits seeking monetary damages for disenfranchisement are now rare, but were more common in the late 1800s and 1900s, when Black voters were intentionally and repeatedly disenfranchised by election workers. Then, the fines forced the government to think twice, said Ediger. But there’s no similar pattern of errors or intentionality here in Madison, he added, which makes him doubt the lawsuit’s purpose. 

Haimowitz said he also opposed the lawsuit, despite how much it has shaken his confidence.

“I’m not sure that the city should pay such a heavy price for this,” Haimowitz said, adding that at a time when some Republicans are peddling “Stop the Steal” narratives and casting doubt on election integrity, especially in battleground states like Wisconsin, the Law Forward letter unnerved him.

“That kind of money could be debilitating to a city elections board that is already under immense scrutiny and pressure to get it all right,” he said.

Law Forward staff attorney Scott Thompson pushed back on comparisons between the case and post-2020 lawsuits filed by Republicans, including one that sought to throw out over 200,000 absentee ballots in Wisconsin.

“That cavalier attitude towards votes that we saw in 2020 is simply unacceptable, and not compatible with democracy,” he said. “And so what do we do with that? Well, I can tell you what we will not do: We will not stand idly by if hundreds of people in a community lose the right to vote because their ballot simply wasn’t counted.”

He said that lawsuits often make people uneasy, but that their perspective may change when a fundamental right is taken away. He declined to directly comment on some of the disenfranchised voters’ issues with the case.

For some disenfranchised voters, financial damages are part of accountability. Precious Ayodabo, a named plaintiff, wrote in a Cap Times column that her disenfranchised absentee vote “is worth enough” to warrant compensation.

“It’s worth enough that I waited for hours in line to cast it. It’s worth enough that politicians spend millions of dollars to receive it. It’s worth enough that people have put their lives on the line and died to protect it,” she wrote.

Thompson declined to make Ayodabo and the other plaintiffs available for interviews. Of the 193 voters, eight are plaintiffs in the case, he said.

Others who support the lawsuit say it’s less about personal payment and more about forcing systemic change. Fairbotham said she’s grateful the case is pushing the city to take the error seriously, particularly after the Wisconsin Elections Commission found the city violated state law.

Thompson said the lawsuit isn’t about making sure the government knows “every single jot and tittle” of absentee voting procedure, but to ensure election officials count every vote, which he defined as “the absolute most basic obligation.”

Still, some election experts warn the case could have unintended consequences. Morrell said the lawsuit could become one of many elements that dissuade election officials from staying in administrative roles.

“If we’re setting an unrealistic expectation that any mistake made by an election administrator opens you up to a lawsuit, that feels like an impossible situation to be in,” she said. “Election administrators take this so seriously and do everything they can to ensure mistakes don’t happen,” she added, “but they do.”

For Haimowitz — a voter who has helped others register to vote and served as a poll worker — the question isn’t just whether the city fixes the problem. It’s whether he can move past having his ballot go uncounted.

“It was something that made me think it’s clearly not that easy to vote,” 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’s free national newsletter here.

Disenfranchised Madison voters sound off on city, lawsuit 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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• St. Vincent de Paul-Madison started a microloan program in 2023 and has so far made nearly $100,000 in loans to 50 people.  

• Word spread about the program, and leaders at St. Vincent de Paul-St. Thomas More Conference in Appleton decided to implement a similar initiative. 

• People must meet several criteria to be eligible for a low-interest microloan. 

• The local St. Vincent de Paul chapter financially supports the loan, and borrowers work with a partner bank to establish a bank account, get the funds and go through financial education. 

• However, the effort is not without risk. The Madison organization has had people default on their microloans, though leaders declined to say how many.

Mary T. had a $2,500 balance on her credit card. It came with a 26.9% interest rate.

“I wanted to be responsible and pay off my loan … but it was so hard to get it paid off,” the Madison resident said. 

Then, she heard about St. Vincent de Paul-Madison’s microloan program. If she qualified, the organization would pay the credit card loan and Mary would then pay back St. Vincent de Paul on a loan with a 4.3% interest rate through a local bank.

“It’s July 2027 that I’ll have it paid off,” Mary said. “It was not hard to go through the paperwork, and they were so nice to me throughout the whole process.”

Mary is one of about 50 people helped by St. Vincent de Paul’s microloan program since it started in late 2023. The Madison organization launched its initiative to help people living in poverty manage a one-time bill or pay off high-interest payday loans.

“People get trapped in these loans,” said Julie Bennett, CEO and executive director of St. Vincent de Paul-Madison. “They take out a loan to help with a car repair, for example, and the interest just grows. They then need another loan or need to extend the loan because they can’t pay the interest, and it just spirals.”

Since St. Vincent de Paul-Madison started its microloan program, the organization has made nearly $100,000 in loans, and word has spread. The St. Vincent de Paul-St. Thomas More Conference in Appleton launched its microloan program in February. 

“The first microloan we made was for someone who had an auto title loan with a 305% effective interest rate. He had a $1,500 loan, and we were able to get him down to a 5% interest rate,” Bennett said.

Finding an alternative to payday loans

The Madison organization’s leaders learned about microloan programs offered by St. Vincent de Paul conferences in Columbus, Ohio, and Dallas, Texas, after attending national events. Members thought it was a great program they could bring back to Wisconsin, which has some of the highest average payday loan interest rates in the nation. A report from The Pew Charitable Trusts found state residents pay an average of $395 in fees and interest when repaying a $500 loan after four months, for an interest rate of 338%.

As the Madison organization’s leaders worked on the 2019-2022 strategic plan, Bennett said creating a microloan program was included on the to-do list. They looked at other microloan programs and struggled at first to understand the complexity of banking. St. Vincent de Paul-Madison created a task force that included financial representatives who helped them understand how the loan process would work. Representatives from local organizations that work with those living in poverty also joined the task force. 

While St. Vincent de Paul-Madison provides the money for the loans, its leaders must partner with financial institutions to process the loans and help create a positive lending experience for the borrower’s credit report. The Bank of Sun Prairie signed on as the organization’s first banking partner in 2023, with Lake Ridge Bank joining in 2025. 

“We needed a financial partner to take care of all the loan documentation and to make sure the loan was on (the borrower’s) record,” Bennett said. “If they pay off the loan successfully, it looks good on their credit record and gives them something to build on.”

Microloan recipients must meet several requirements to qualify, including being a Dane County resident, having a monthly household income at or below 300% of the federal poverty level, being willing to have a bank account and having a monthly debt-to-income ratio under 47%.

As part of the program, loans range from $400 to $2,500. Borrowers receive low-interest rates between 4% and 8% and set up flexible repayment plans over two years through local banks. 

“We see the microloans as an alternative to payday loans for people who need money but have no other source to go to,” Bennett said. “We also see the microloans as a way to pay off those payday loans, which cause immediate and long-term harm to borrowers since the interest rates keep going up.”

Borrowers also receive financial education and support to help them avoid similar situations in the future. Bennett said St. Vincent de Paul-Madison wanted to provide that education with a sensitive approach. The University of Wisconsin-Extension’s Financial Education program developed training for the microlending team so they could have sensitive, discreet conversations.

“No one likes talking to strangers about their money, and it’s even harder when their financial condition is precarious,” she said.

The microloan program carries some risk for St. Vincent de Paul-Madison. If borrowers default on their loans, the organization is on the hook for paying them off. Unfortunately, that has happened, though Bennett declined to share how many people have defaulted. 

To Mary, being able to get her interest rate to a predictable and manageable number was vital.

“I just know how much I need to pay without the total … going up all the time, with the interest … growing,” she said. “I felt I was never making any progress with the payments. Now, I can see when it’s all going to be paid off, and I know I’m going to get it done.”

An example to others

The Madison team paid their experience forward, and leaders from an Appleton organization took notice.

Karen Rickert, a member of St. Vincent de Paul-St. Thomas More Conference, heard Bennett speak about Madison’s microloan program at an event. In her years as a volunteer, Rickert saw many people caught living paycheck to paycheck. A woman who was hit with a car repair bill and turned to a payday lender stuck with Rickert.

“The repair costs were more than what we could help with. She couldn’t go to work because she didn’t have a working car. She couldn’t take her kids to school because she didn’t have a car. She eventually had to take out one of those terrible payday loans,” Rickert said. “I felt terrible about it, but it sprung me into action.” 

Members from the Appleton organization met with Bennett and learned as much as possible about the Madison group’s microloan program. They put their bylaws and plans together. 

The next step? Raising $20,000 to serve as security for the loans. Thanks to a grant and donations, they nearly doubled their goal.

Nicolet Bank signed on as the financial institution. Rickert said the organization has several volunteers who used to work in finance and banking. They “walk hand-in-hand with our borrowers through the process to help address any issues before they become a problem,” she said. 

For organizations looking to start their own microloan programs, Bennett and Rickert recommended talking to groups with their own initiatives and being prepared to ask a lot of questions. The St. Thomas More Conference learned a lot by talking with the Madison organization and others as they put their microloan program together, Rickert said.

“It was a lot of work and took us a while to get it going, but it was worth it,” she said.

With everything in place, the Appleton organization made its first microloan in February.

“It’s amazing to see this all come together and now we’re able to help people get loans at a reasonable rate and help steer them away from payday loans,” Rickert said. “We’re helping them get a step ahead.”

Learn more: Visit the St. Vincent de Paul-St. Thomas More Conference website at www.svdpappleton.org/other-ways-we-help to request assistance.

Madison microloan program inspires Appleton organization 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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The city of Madison on Monday appealed a ruling that allows it to be sued for monetary damages for disenfranchising nearly 200 voters in the 2024 election, arguing the decision would unrealistically require “error-free elections” and expose municipalities across the state to liability for mistakes. 

The appeal comes after Dane County Circuit Court Judge David Conway’s Feb. 9 ruling that Madison could face potential financial liability for disenfranchising 193 voters whose absentee ballots were unintentionally left uncounted. Notably, the city did not specifically contest the judge’s rejection in that ruling of its earlier argument that absentee voting is merely a “privilege” under state law — a claim that would have shielded it from damages.

Instead, the appeal centers on who has the authority to enforce election laws and whether voters can sue for negligence. The city argues that such complaints must go first to the Wisconsin Elections Commission and asks higher courts to revisit a landmark 1866 case that allowed damages against election officials who deprive citizens of the right to vote.

“It is not difficult to imagine how the circuit court’s ruling may be perceived as an opportunity by partisan actors to influence the election,” attorneys for the city, former Clerk Maribeth Witzel-Behl and Deputy Clerk Jim Verbick wrote in the filing. 

A permanent path to sue for damages over accidental election errors without going first through the commission could “chill the willingness of individuals to volunteer to assist with elections, and the willingness of voters to participate in the political process,” they wrote.

Madison asks court to revisit landmark voting case

Much of Madison’s appeal asks the court to revisit a key finding in the landmark 1866 case that secured the extension of the franchise to Black Wisconsinites, Gillespie v. Palmer. In that case, the court held that state law allows plaintiffs to sue election officials for damages if they “negligently deprive citizens of the right to vote.” 

The case arose after Ezekiel Gillespie, a Black man, was turned away from the polls in 1865. While voters had ratified a measure extending the franchise to Black residents 16 years earlier, it went largely unenforced, as state officials still disputed whether the change was valid. Gillespie sued, and courts ultimately ruled in his favor, concluding in 1866 that Black Wisconsinites had been wrongfully disenfranchised for 17 years.

Although Gillespie was intentionally barred from voting, the court’s ruling established negligence — not just intentional misconduct — as a basis for disenfranchised voters to seek damages. The Dane County Circuit Court relied on that broader standard in allowing the Madison lawsuit to proceed. 

Madison officials in their latest appeal argue the lower court misapplied the precedent. In their view, Gillespie was about protecting the right to cast a ballot  — a right that they say isn’t disputed in this case. No election official in Madison denied that the 193 Madison voters had a right to vote, they wrote. Rather, they contend, the voters’ ballots were unintentionally left uncounted after being cast.

If Gillespie is extended under these circumstances, the defendants argue, Wisconsin would be the first state to allow “any voter whose ballot is accidentally uncounted a right to sue for monetary damages,” a premise that they say requires immediate review by higher courts given the impending 2026 midterms.

They also contend the 1866 ruling predates Wisconsin’s modern election system, and relying on “such an archaic interpretation of Constitutional rights in Wisconsin is grossly in error and requires intervention before the case proceeds further.”

Madison’s filing “seeks to erode the protections” guaranteed in Gillespie, said Scott Thompson, staff attorney for Law Forward, which filed the case. “This argument follows the city’s failed attempt to throw out this case by arguing that the right to vote does not protect absentee voters from disenfranchisement. The right to vote has value, and the voters the city of Madison disenfranchised look forward to having their day in court.”

Bryna Godar, a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative, clarified that a court wouldn’t need to overturn the historic Black voting rights case entirely to rule that it doesn’t apply in the lawsuit against Madison.

“You could potentially read that case in a more narrow way, as applying only to intentional deprivation of the right to vote, as opposed to negligence and deprivation,” she said, adding that it’s likely that only a higher court could reinterpret Gillespie in such a way.

Law Forward’s response to Madison’s appeal is due on March 9. Then the Madison-based District 4 Court of Appeals is expected to determine whether the appeal may move forward. 

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

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

Madison appeals ruling allowing lawsuits in 2024 ballot-counting case 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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A Dane County judge on Monday rejected the city of Madison’s claim that absentee voting’s characterization in state law as a “privilege” precludes damages against the city for disenfranchising 193 voters and ruled that Madison can face potential financial liability for the error.

In rejecting motions by the city and other defendants to dismiss the case, Dane County Circuit Court Judge David Conway said that a state law describing absentee voting as a privilege does not mean absentee ballots receive less constitutional protection than votes cast in person.

“That right to vote,” Conway wrote, “would be a hollow protection if it did not also include the right to have one’s vote counted.”

Conway also rejected former Madison Clerk Maribeth Witzel-Behl’s legal argument that there is a meaningful legal difference between intentionally not counting votes and mistakenly failing to count them due to human error. He held that state law allows for people to seek damages against election officials who “negligently deprive citizens of the right to vote.”

“When an election official fails to count a valid absentee ballot, whether by negligence, recklessness, or malice, he or she deprives the absentee voter of that constitutional right,” he wrote. 

The city and Witzel-Behl’s legal argument, made in response to a lawsuit seeking damages on behalf of 193 Madison voters disenfranchised in the 2024 election, drew sharp rebukes from legal experts, Gov. Tony Evers and the Wisconsin Elections Commission, which filed its very first friend-of-the-court brief opposing the rationale. 

Conway dismissed the Madison clerk’s office from the case after arguments that it could not be sued separately from the city, but allowed the case to proceed against the city, Witzel-Behl and Deputy Clerk Jim Verbick. The voters are represented by a liberal election law firm, Law Forward. 

“At the dawn of another election season, the message is clear: The right to vote protects Wisconsinites whether they vote in-person or absentee,” Law Forward staff attorney Scott Thompson told Votebeat. “We are pleased the court agreed with our arguments and that this case will proceed.”

Matt O’Neill, the lawyer representing Witzel-Behl, declined to comment.

Madison spokesperson Dylan Brogan said the city is reviewing the decision and considering its next steps. Brogan stressed that the city “has a long history of promoting and protecting absentee voting and that policy has not changed,” but said monetary damages for unintentional errors would mean money and resources “would be diverted to pay for this human error.”

Madison mayor says ‘nonsensical’ lawsuit could weaken elections

In an interview with Votebeat last week, Madison Mayor Satya Rhodes-Conway said she didn’t like the state law calling absentee voting a privilege, not a right. But she said that critics should direct their concerns at the Legislature, rather than at the city. 

Rhodes-Conway said the city’s argument “literally repeat(s) what’s in state law.” Legal experts have disputed that characterization, saying the city advanced a novel interpretation of a long-standing statute. Rhodes-Conway said she wasn’t sure those critiques were relevant.

“It shouldn’t be in the law,” she said. “And the state Legislature should take action to correct that and better protect voting in this state.”

The 1985 state law describes absentee voting as a privilege exercised outside the safeguards of the polling place. Another provision requires absentee voters to comply with laws regulating the practice for their votes to count. The law has been cited in lawsuits seeking to restrict absentee voting, but it had never before been used to shield election officials from liability for failing to count valid ballots.

In his Monday ruling, Conway dismissed the city’s interpretation of the law without questioning the statute itself.

“Just because the absentee voting process is a privilege does not mean that those who legally utilize it do not exercise their constitutional right to vote,” he said.

Rhodes-Conway said that, despite using that legal argument in court, the city has consistently promoted absentee voting and will continue to do so.

Rhodes-Conway criticized the lawsuit as a whole, saying that the solution for the city disenfranchising 193 voters in the 2024 presidential election “is not to charge the city of Madison millions of dollars because our clerk’s office made a mistake.” 

“That’s not achieving anything. It’s not making elections better,” she continued. “It’s simply taking money that could be invested in basic services and in election protection and election services, and paying it to the plaintiffs. It’s just nonsensical to me.”

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

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

Court says Madison can be liable for disenfranchising voters 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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The Wisconsin Elections Commission, filing its first ever friend-of-the-court brief, challenged Madison’s controversial legal argument that it should not be financially liable for 193 uncounted ballots in the 2024 presidential election because of a state law that calls absentee voting a privilege, not a right. 

The argument presented by city officials misunderstands what “privilege” means in the context of absentee voting and “enjoys no support in the constitution or case law,” the commission wrote in its filing Tuesday, echoing a similar rebuke by Gov. Tony Evers last month. 

“Once an elector has complied with the statutory process, whether absentee or in-person, she has a constitutional right to have her vote counted,” the commission said.

That both the commission and the governor felt it was necessary to intervene in the case should underscore “both the wrongness and the dangerousness of such a claim,” commission Chair Ann Jacobs, a Democrat, told Votebeat.

The dispute over the city’s legal defense stems from a lawsuit filed in September by the liberal election law firm Law Forward in Dane County Circuit Court against the city of Madison and the clerk’s office, along with former clerk Maribeth Witzel-Behl and Deputy Clerk Jim Verbick in their personal capacities. It seeks monetary damages on behalf of the voters whose absentee ballots were never counted in the 2024 presidential election, alleging that their constitutional rights were violated.

Attorneys for Witzel-Behl — and later the city — argued that by choosing to vote absentee, the disenfranchised voters “exercised a privilege,” citing a 1985 state law that describes absentee voting as a privilege exercised outside the safeguards of the polling place. 

Law Forward called the argument a “shocking proposition,” and Evers filed his own friend-of-the-court brief last month, warning that the city’s position could lead to “absurd results.” 

Some legal experts said the argument could run afoul of the federal Constitution.

Matthew W. O’Neill, an attorney representing Witzel-Behl, declined to comment.

No statute can override the constitutional right to vote, the commission stated, adding that the Wisconsin Supreme Court decided in 2024 that state law the defendants invoked does not allow for a “skeptical view” of absentee voting.

The argument has also drawn negative reactions from a range of political voices. 

On Wednesday, six Wisconsin voting groups — Wisconsin Democracy Campaign, League of Women Voters of Wisconsin, Common Cause Wisconsin, ACLU of Wisconsin, All in Wisconsin Fund, and All Voting is Local — released a scathing statement saying they were “deeply alarmed” by the city’s argument.

“We call on the City of Madison to immediately abandon this dangerous legal argument, take responsibility for disenfranchising voters, and work toward a remedy that respects voters’ constitutional rights,” the statement said.

Meanwhile, Rick Esenberg, the founder of the conservative group Wisconsin Institute for Law & Liberty — which cited the same 1985 law in its 2021 effort to ban ballot drop boxes — said on social media that Madison’s legal argument was likely going too far. 

“Madison is correct in noting that absentee voting is a privilege and not a right in the sense that the legislature has no obligation to permit it at all,” Esenberg said. “BUT if it does and people choose to cast their ballot in the way specified by law, it doesn’t seem crazy to say that Madison has a constitutional obligation to count their legally cast vote.”

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 Elections Commission challenges Madison’s argument on absentee voting 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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• Anna Mykhailova and Sasha Druzhyna fled Ukraine after Russia invaded, leaving behind careers as physicians.

• Wisconsin needs more medical professionals, including physicians. But those with foreign training face hurdles that can keep them from filling that gap.

• State officials recently eased requirements for foreign-trained doctors, but Mykhailova isn’t sure what the change means for her.

• Anna works as a sonographer at a Madison hospital, while Sasha is studying for a master’s degree in medical perfusion at the Milwaukee School of Engineering. 

• The family is among 100,000 Ukrainians with Temporary Protected Status, allowing them to live and work in the United States for renewable 18-month stretches.

Sasha Druzhyna knows all about transplants. 

As an anesthesiologist and perfusionist in Kyiv, Ukraine, Sasha used specialized equipment to keep patients’ blood pumping during heart transplants and keep donor organs alive until they reached their recipients. 

Now, after fleeing Russia’s full-scale invasion, the 52-year-old is learning his profession all over again as a student in Milwaukee School of Engineering’s medical perfusion program. 

Eighty miles away, his wife Anna Mykhailova, 42, is starting over, too. In 2024, she started a job as a cardiac sonographer at a Madison hospital, using skills she refined as a cardiologist in one of Ukraine’s top heart hospitals. She’s also studying for the medical board exams in hopes of one day practicing medicine in the United States. 

But as they work to rebuild their careers, they still don’t know if they’ll be allowed to stay.  

“It’s so stressful because of this immigration process. I will do these really hard exams and they (might) say, ‘Oh, you have to leave this country,’” Anna said of the family’s immigration limbo.

Wisconsin needs more medical professionals, including physicians. But as the couple’s experience shows, those who arrive in the country with foreign training face hurdles that can keep them from filling that gap.

A new life begins

Had the couple fled to Europe instead, their career paths might have been simpler. Sasha might be the teacher instead of the student. Anna might still be a doctor.

But the invasion left no time to deliberate. Anna and her colleagues moved their patients to the hospital’s basement, then brought their own families to shelter there, too. Anna and Sasha brought their daughter, Varya, who was 6 years old at the time. 

They listened to the news as Russian troops occupied the suburbs around Kyiv.  

“When they showed civilian kids killed by Russians … I realized that nobody will protect us and (we) just have to go,” Anna said. 

A friend with military connections warned that Ukrainian forces would soon blow up Ukraine’s own bridges to stop Russian troops from taking more ground. 

“They told us, if you want to leave, you have to leave right now,” Anna said. Sasha drove his wife and daughter west, past sirens and explosions, toward the border with Poland. 

A week later, Anna and Varya were on a plane to Boston, where Anna had a friend from medical school. Arriving with tourist visas, she thought they’d be away for just a few weeks. Sasha, who didn’t speak English, opted to stay.

“Coming here, starting from zero, no money, no nothing, no job — he didn’t want to come and wash floors in a supermarket … It’s really difficult to immigrate when you already had something in your home country,” Anna said. 

He kept working in the hospital, caring for his usual patients and the war-wounded. They figured the fighting would end soon. 

But about a year later, Sasha joined his family in Madison, where friends helped them get settled. 

“We realized that this war is going to be forever,” Anna said. “I don’t believe that they will stop it.”

The three are among more than 100,000 Ukrainians who’ve been granted Temporary Protected Status, or TPS, because the federal government deems it unsafe to return. The status allows them to live and work in the United States for renewable 18-month stretches.

Almost four years later, they’re still here — and hoping to stay. The war rages on, and they’ve embraced their new home. Varya, 10, now speaks mostly English.

“She doesn’t want to speak Ukrainian anymore,” Anna said in an interview at her Madison apartment building in September. “So for her to go back to school in Ukraine … it’s possible, but it’s going to be really difficult.”

But staying isn’t easy either. Restarting their careers has come with significant personal and financial costs, and there’s no guarantee their efforts will pay off.

Covert cardiologist

Until recently, all foreign-trained physicians seeking to practice medicine in Wisconsin had to pass three licensing board exams — offered only in English — then compete against recent medical school graduates for a three-year residency at a U.S. hospital.  

To Anna, the process seemed daunting. The tests cost around $1,000 each — not counting textbooks and study materials — and she was still taking classes to improve her English. She heard that hospitals preferred recent graduates, and she feared they’d be particularly reluctant to accept someone whose immigration status expires every 18 months.

Meanwhile, she and her husband struggled to find a place to live. The prestige they commanded back home was irrelevant to U.S. landlords running background checks. 

“Could you imagine? I’m in my 40s. I don’t have any credit score … I just got my work permit. I couldn’t find a job,” Anna said. “Nobody wants me. They don’t know who I am (or) what is our culture; everybody’s afraid of us.”

She began applying for research jobs at the University of Wisconsin-Madison.

 “I don’t know how many interviews I had,” Anna said. “Everybody was so nice, but (they said), ‘You are overqualified for this job.’”

Then the mom of one of her daughter’s soccer teammates mentioned that her employer, SSM Health St. Mary’s Hospital, was hiring student sonographers. She encouraged Anna to apply.

The roles are designed for people currently studying medical sonography, but Anna already had the relevant training: Ukrainian doctors regularly do their own sonography. She applied for the job with help from teachers at the Madison nonprofit Literacy Network, where she’d been taking classes to improve her English and prepare for next steps in school or work.

She started the job in 2024, running ultrasounds to aid in medical procedures and to diagnose things like heart attacks, heart murmurs, strokes and birth defects. She was promoted to a full-time position soon after. 

On a typical day, she might see half a dozen patients. She doesn’t tell them she’s a doctor. 

“Nobody knows,” Anna said. 

Some patients get rude when they hear her accent. “I had a couple patients, they told me, ‘Don’t touch me. Call somebody else. I don’t trust you,’” she said.

Once a hospital security officer heard the way a patient spoke to her and urged her to file a report. The hospital sent a letter threatening to deny care if the patient acted that way again. 

“I have a really good experience working here,” Anna said. “I really like my job right now.”

In October, Wisconsin eased requirements for foreign-trained doctors, joining several other physician-strapped states that have recently made such changes, but Anna isn’t sure what the change means for her.

Under the new rules, qualifying foreign-trained physicians can work under the supervision of another physician without repeating residency training if they’ve passed U.S. board exams and have a Wisconsin job offer. 

Anna heard the news from a friend and asked about it at work. 

“I showed this bill to people in the medical field here, and they were just like, ‘Oh, we don’t know,’” Anna said. “So I don’t know how does it work here, or where to go and who to ask.”

It’s also not clear she’d qualify. The new rules require applicants to have practiced medicine in their home country for at least one year in the last five years. She left her job nearly four years ago, and she figures it will likely be a couple years before she passes the board exams. 

Lately, she’s been reading up on the licensing rules in other states and contemplating a move after her husband finishes school.

She wonders if things might have been easier if the family had immigrated to Poland, say, or Italy, instead of the United States. Back in Ukraine, her husband ran a perfusion school certified by the European Board of Cardiovascular Perfusion, and he received his own training in Europe. But she doesn’t think it’s worth emigrating again.

“It doesn’t matter where you go, everything is going to be different,” Anna said. “If I go to Europe, I have to start over. I have to study a new language, and then all of the education and activities for our daughter, and she also has to study a new language. So I just don’t want to do it a second time. I don’t have the energy to do it.”

From professor to pupil

Sasha, meanwhile, decided not to try to become a doctor again. His top priority was perfusion, the field to which he dedicated two doctoral dissertations and decades of work. In the United States, perfusionists don’t need to be doctors, but they do need specialized training.  

“The perfusion specialty board, they do not recognize European diplomas,” Anna said. “They want them to go back to school here. But he’s happy to do it. He was so happy that they admitted him.”

Last fall, he started the two-year master’s degree program at MSOE. 

“This wasn’t about choosing an easier path. Perfusion is a highly specialized and demanding field … This is where my experience is most relevant,” Sasha said, “and it’s work I genuinely value.”

Anna teases him about being so much older than the other students in the program. 

“He’s like a father for all his classmates,” Anna said. “The first day, he brought actual paper, a notebook with different colored pens. His classmates brought just iPads. They were like, ‘What is that? Are you a dinosaur?’”

Paying for tuition for the first semester took most of the couple’s savings, Anna said. Their immigration status makes them ineligible for federal student loans.

She’s not sure how they’ll cover the remaining costs. 

Sasha was also accepted to the perfusion school at ​​State University of New York Upstate Medical University, which offered him a job that would have offset his tuition costs, but he didn’t want to uproot his family again. 

“My daughter would need to change her school, leave her friends,” Sasha said. “You know how important it is for a girl of 10 years, your friends? It’s the most important thing in your life.”

But being in school has meant far less time with her. Since September, Sasha has spent his weekdays in Milwaukee, attending classes and shadowing other perfusionists during surgery. When he’s not in the operating room, he spends the night in a spare room he rents from a friend. 

Back in Madison, Anna is “basically a single mom” five days a week. On Fridays, Sasha drives home to see his family and work on a transplant team at UW Health, where he uses perfusion techniques to keep donated organs alive and healthy until they’re transplanted.

With luck, he’ll move back to Madison after he finishes his coursework in May. He’s hoping to do his second-year rotations at Madison hospitals.

Status: Pending

Back in Kyiv, the couple’s condo stands vacant, full of the things Anna left behind when she packed hurriedly for a few weeks away. 

The high-rise penthouse, located beside the many bridges on Kyiv’s east side, boasts an impressive view of the city and the river — and Russian missile strikes. The couple can’t sell it, or go back, until the war ends. 

“Nobody wants to live on the 27th floor when you don’t have electricity, elevator or water, and you can see rockets and jets in front of your eyes,” Anna said.

Meanwhile, despite the time and money the two doctors have invested in their new lives, their future in the United States is uncertain.

The family’s Temporary Protected Status expired in April, and they still haven’t received an answer on the renewal application they submitted a year ago. 

“The Homeland Security office said that our work permits are still valid (while) we are waiting for their decision,” Anna said. “We’re just waiting to see.” 

If their application is approved, they could be on the hook for thousands of dollars. The Department of Homeland Security announced in October that Ukrainians’ applications, including those already waiting to be processed, will be subject to a new fee of $1,000 per person.

Anna has been looking into other visa options, too. Many foreign doctors practice in the United States on H1-B visas, an employer-sponsored visa for workers with specialized skills. If Sasha can eventually get one of those visas as a perfusionist, Anna will get a work permit, too. But in September, the Trump administration announced a $100,000 fee on most new H1-B visas, raising concerns that employers — including hospitals — will cut back on those visas.

Even if the family is able to renew their status, it will end in October unless the Department of Homeland Security extends Ukraine’s TPS designation. Since President Donald Trump took office last year, his administration ended TPS for immigrants from 10 countries, revoking legal status for more than 1.6 million immigrants, NPR found. 

Anna worries that she and her family could become targets for deportation before they ever get a decision on their application. 

“I don’t feel safe,” Anna said. “When you are waiting, you are legally in the United States, but this new administration and ICE police, they think that you are illegal here.” 

Still, she said, she and Sasha try to stay positive.

“My husband says this is a good opportunity. He feels so young because he is studying as a student, and he says it’s just an adventure,” Anna said. 

She looks for the bright side, too. She points to the support and kindness Americans have shown her and the fact that she’s learned she can survive “without anything.”

“I feel like a homeless person. I feel like Ukraine is not my home anymore, and the United States is not my home yet,” Anna said, “but people are trying to make it feel like home.”

Natalie Yahr reports on pathways to success statewide for Wisconsin Watch, working in partnership with Open Campus. Email her at nyahr@wisconsinwatch.org. 

The transplants: 2 doctors fled Ukraine for Wisconsin. They’re still trying to get their careers back. 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 Gov. Tony Evers criticized an argument by Madison and its former city clerk that they shouldn’t be held liable for losing 193 absentee ballots because absentee voting is a “privilege,” writing in a court filing that accepting such an argument would “lead to absurd results.”

The argument is key to the city’s defense against a lawsuit that seeks monetary damages on behalf of the 193 Madison residents whose votes in the November 2024 election weren’t counted. It was first presented by the former clerk, Maribeth Witzel-Behl, citing a provision of state law, and then adopted by the city.

If courts accept the argument that absentee voting is a privilege and not a right, the Democratic governor said in a friend-of-the-court brief, election officials would be free to treat absentee ballots in ways that diminish people’s right to vote. For example, he wrote, they would be under no obligation to send voters replacement ballots if ballots they left in a drop box were damaged, and clerks could effectively disqualify ballots from politically disfavored precincts by intentionally not signing their initials on the ballot envelopes.  

Experts say that for a governor to intervene in such a local matter is rare and underscores how seriously Evers views the potential implications. In an earlier communication with the court, the governor said the argument from the city and Witzel-Behl “ignores longstanding state constitutional protections.”

Barry Burden, a political science professor at UW-Madison, said Democrats are likely conflicted by the case, seeking to prevent election administration failures like those in Madison while also resisting arguments that could weaken protections for absentee voting in Wisconsin.

“They’re in a weird place to be criticizing absentee balloting in Madison, one of the most Democratic cities in the state,” he said, adding that he thinks the governor “is speaking for the Democratic Party in getting involved in this case” to convey that it is an “isolated incident” and that the party does not share the position that “absentee voting should be treated any differently in terms of the protections that are given to voters than people who vote in person.’”

In his filing Friday, the governor noted that about 45% of ballots in the 2024 presidential election were absentee.

“The constitutional right to vote,” Evers wrote, “would mean little if close to half of all voters in Wisconsin were deprived of it because they chose to legally cast an absentee ballot.”

Witzel-Behl, former clerk, stands by the ‘privilege’ defense

The lawsuit against Madison officials is a novel type of case in seeking monetary damages over the loss of voting rights. Liberal law firm Law Forward filed the case against the city and the clerk’s office, along with Witzel-Behl and Deputy Clerk Jim Verbick in their personal capacities, alleging that through a series of errors that  led to 193 absentee ballots getting lost in the November 2024 election, election workers disenfranchised the voters and violated their constitutional rights.

As part of their defense, attorneys for Witzel-Behl argued in a court filing that by choosing to vote absentee, the 193 voters “exercised a privilege rather than a constitutional right,” and that she therefore couldn’t be held financially liable for the lost ballots. Madison later joined that argument.

Law Forward rejected the argument in a response filed in late December, calling it a “shocking proposition.”

Attorneys for the city and the former clerk submitted their own briefs last week.

Attorneys for Witzel-Behl reiterated their argument that absentee voting is a privilege and not a constitutional right, adding that “an error in the handling or delivery of an absentee ballot is not the constitutional equivalent of barring the door to the voting booth.”

While absentee ballots should normally be counted, they argued, not counting them because of an unintentional error isn’t a constitutional violation for which they should be financially liable.

Rather than following court precedent, they said, the plaintiffs seek to create a “new, foundationless doctrine allowing monetary damages for the mishandling of an absentee ballot.”

Other defendants zero in on novel monetary claim

In a separate brief, Verbick, the deputy clerk, said he “does not, of course, dispute that Plaintiffs have a right to vote” but rather alleges that there’s no path for the plaintiffs to seek monetary damages for the city’s error.

The city, in another brief, similarly said that no court case cited by Law Forward allows plaintiffs to seek damages for ballots that are unintentionally mishandled. 

Allowing such claims, outside attorneys for the city warned, would push courts into “dangerous, untested waters.” 

“As other courts have cautioned,” they said, “exposing local election officials to financial liability for unintentional disenfranchisement would thrust courts into the minutia of any given election, a role for which courts are unsuited.”

In a separate statement, the city said it believes that all forms of voting, including absentee voting, should be “encouraged, promoted and protected.” But it argued against attaching a dollar amount to a mishandled vote.

Doing so, it said, “would end up regularly costing cities, towns and municipalities hundreds, thousands — or in this case millions — of dollars that could otherwise be spent improving voter access and elections processes.”  

Absentee voting has changed substantially since law’s enactment

The law cited by Witzel-Behl’s attorneys labeling absentee voting a privilege — one that may require more regulation than in-person voting — dates back to 1985. It was enacted after judges in a series of Wisconsin court cases called for more liberal interpretation of absentee voting rules. While it has previously been used to invalidate absentee ballots on which voters did not follow procedure, it has so far not been used in support of a locality failing to properly count votes.

“Absentee voting has changed so radically in the 40 years since the law was written,” Burden said. “It was used by a very small number of voters, it was more difficult to use, there were more witness requirements at the time, and clerks were not really as amenable to absentee voting as they are today.”

Today, absentee voting is an expected and routine part of elections.

“So to treat it as kind of a special class with different rules or rights, maybe in the 1980s that  made more sense,” Burden said. “But now it’s as important as any other kind of voting and so it seems more peculiar, I think, to treat it in some different way.”

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 Gov. Tony Evers disputes Madison’s argument that absentee voting is a privilege 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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A 422,000-square-foot Art Deco building overlooking Lake Monona in Madison was the home of state employees for nearly 100 years. It most recently served as the offices of the Wisconsin Department of Health Services. 

Today large “For Sale” signs bookend the historic structure, which sits vacant just a few blocks from the Capitol. A brochure for the property describes redevelopment opportunities such as a boutique hotel or mixed-use space. It also notes its proximity to a potential future commuter rail station in another state-owned building occupied by the Department of Administration.

The sale of the building, announced in December, is merely one piece of a multiyear initiative of Gov. Tony Evers’ administration known as Vision 2030. The plan seeks to make state government smaller and save taxpayers money through “rightsizing” underused office space and supporting hybrid work to grow the number of state workers across the state, according to the Department of Administration. 

Since its launch in 2021, state agencies have sold millions of dollars worth of buildings and consolidated more than 589,000 square feet of office space, nearly 10% of the state’s total building footprint, according to DOA reports. The funds from building sales are used to cover outstanding state debts and then transferred to the state’s general fund. 

“I see this really as a win-win both for state workers and for taxpayers,” DOA Secretary Kathy Blumenfeld said in an interview with Wisconsin Watch. “One of the things that we’re looking at is modernization and how can we be more efficient and be good fiscal stewards for the state.” 

Vision 2030 fits with a long-standing desire by Wisconsin’s leaders of both parties to reduce the physical footprint of state agencies and create a presence outside of Madison. Former Gov. Scott Walker also sought to move state divisions and to seek efficiencies for taxpayers by reducing private leases. Walker’s administration oversaw the construction of a new state office building that opened in Madison in 2018 and is home to eight state agencies today. 

These ideas on building a smaller, modernized state government are likely to continue when Evers leaves office next year. Former Evers Cabinet member Joel Brennan, who led DOA when it launched Vision 2030 in 2021, is one of at least eight Democrats running for governor this year.

Washington County Executive Josh Schoemann, a Republican candidate for governor running against U.S. Rep. Tom Tiffany, announced in December a “Shrink Madison” plan to require state employees to return to in-person work, sell state office buildings in Madison and eventually move key agencies to different regions across the state. His plan specifically mentions continuing Evers’ Vision 2030 efforts.

But he also goes further to move agencies out of liberal Dane County and into more conservative parts of the state — a potential source of political patronage. Schoemann proposes moving the Department of Veterans Affairs to La Crosse, the Department of Natural Resources to Wausau, the Department of Agriculture, Trade and Consumer Protection to Stevens Point, the Department of Financial Institutions to Green Bay, the Department of Tourism to Rhinelander and the departments of Children and Families and Workforce Development to the Kenosha/Racine area. 

Those moves would take years, but Schoemann in an interview said he sees it as a way to improve the relationships between state government and its citizens. 

“I think this is about people, first, affordability and accountability and changing the culture of state government, which to me, ultimately, is just entirely too focused on itself … and getting it back focused on the people,” Schoemann said. 

Why Vision 2030? 

The Evers administration’s plan grew out of the pandemic when conditions required remote work, deferred maintenance costs for state buildings kept rising, and there was a growing need for workers to fill state jobs — all colliding at the same time. 

“All these things were swirling at one time, and we launched a study in 2021 trying to get our arms around that,” Blumenfeld said. 

Hybrid work opportunities meant state agencies took up less space and could hire workers outside of Madison and Milwaukee, which Blumenfeld refers to as the “Hire Anywhere in Wisconsin” initiative. Remote work also meant the state could get rid of underused office space through consolidation or sales, she said. In Milwaukee, the state sold a former Department of Natural Resources headquarters in 2022 and purchased 2.69 acres for a new office building. But as of last year it planned to work with a private developer to create a multitenant public-private space instead. 

Expected moves in Madison this year include the sale of the former human services building along Lake Monona where offers are due in March. Other expected moves in 2026 include the spring listing of two adjacent general executive offices in downtown Madison, the brutalist GEF 2 and GEF 3 buildings, at a combined total of 391,000 square feet, Blumenfeld said. 

Blumenfeld said DOA has seen limited opposition to building sales and agency moves to reduce office space, but the Republican-led Legislature has pushed back on remote work following the pandemic. Lawmakers have argued that in-person work ensures more accountability for state employees. Evers in October vetoed a Republican bill that would have required state employees to “perform assigned work duties in physical office space for at least 80 percent” of their work time every month. 

“The important progress my administration has made on our Vision 2030 goals means that it would not be possible to return to largely in-office-only work arrangements without leasing more space,” Evers wrote in his veto message. “Or having to re-open buildings that are slated for closure and sale — both of which will cost taxpayers more money.” 

Blumenfeld said she can’t predict what the next governor will do when it comes to government efficiency, but changes in the state’s workforce needs and updates to work spaces are unlikely to slow down.

“Our hope is that we’ve laid a really solid foundation for utilizing space efficiently, effectively, for hiring the best talent, for bringing in people from all over the state and bringing family-sustaining jobs to all 72 counties,” Blumenfeld said. 

Wisconsin’s next governor

Wisconsin voters will choose the next governor later this year, with primary contests in August and the general election in November. 

Other than Schoemann’s plan, gubernatorial campaigns that responded to questions from Wisconsin Watch shared different perspectives on how they would address state government’s size and efficiency.   

Tiffany, the Northwoods congressman and Schoemann’s primary opponent, said he supported then-Gov. Walker’s move of the DNR’s forestry division to Rhinelander when he served in the Legislature, but his goal is focused on rooting out “waste, fraud and duplication” in state government. 

“I’ve supported changes like that when they make sense, but my focus is making government smaller, more accountable, and more efficient, not just rearranging the furniture,” Tiffany said.

Among Democratic candidates, plans for state government include making sure state agencies are effectively helping Wisconsinites and that citizens can access resources. 

“Mandela Barnes’ priority as Governor is to deliver for Wisconsin families and lower costs — which includes ensuring state agencies are serving communities effectively, are spending taxpayer dollars efficiently, and that Wisconsinites in every corner of the state can access the services they rely on,” Cole Wozniak, a spokesperson for the Barnes campaign, said in a statement. 

Brennan, who helped develop Vision 2030, in a statement said state government should continue to work for and be led by Wisconsinites. 

“Any conversation about the future footprint of state government should start with access, effectiveness, and responsible use of taxpayer dollars,” Brennan said. 

Sen. Kelda Roys, D-Madison, said the state should invest in modernizing its technology so agencies can deliver better services to citizens across the state. Republicans in the Legislature have pursued a “fiscally irresponsible starvation of government for decades,” she said.  

“There’s a huge opportunity to make state government work better and deliver better outcomes for people at lower cost to taxpayers,” Roys said. “But it does take that upfront investment and political capital, frankly, to say it’s actually worth spending a little money to save bigger in the long run.” 

Wisconsin’s state building footprint is shrinking. Candidates for governor have different ideas about what’s next 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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The city of Madison and its former clerk are arguing in court that they can’t be sued for failing to count 193 absentee ballots in the 2024 presidential election, in part because a Wisconsin law calls absentee voting a privilege, not a constitutional right. 

That legal argument raises questions about how much protection absentee voters have against the risk of disenfranchisement — and could reignite a recent debate over whether the law calling absentee voting a privilege is itself unconstitutional.

That law, which appears to be uncommon outside of Wisconsin, has been cited repeatedly in recent years in attempts to impose more requirements and restrictions on absentee voting, and, at times, disqualify absentee ballots on which the voters have made errors. It does not appear to have been invoked to absolve election officials for errors in handling correctly cast ballots.

Nonetheless, the law has become central to the defense presented by Madison and its former clerk, Maribeth Witzel-Behl, in a novel lawsuit seeking monetary damages on behalf of the voters whose ballots went missing. 

The suit, filed by the law firm Law Forward, names the city and the clerk’s office as defendants, along with Witzel-Behl and Deputy Clerk Jim Verbick in their personal capacities, and cites a series of errors after the 2024 election that led to the ballots not being counted in alleging that they violated voters’ constitutional rights. 

In defending against that claim, attorneys for Witzel-Behl argued in a court filing that by choosing to vote absentee, the 193 disenfranchised voters “exercised a privilege rather than a constitutional right.”

Witzel-Behl’s filing argues that the 193 disenfranchised voters did, in fact, exercise their right to vote, but chose to vote absentee and therefore place the ballots into an administrative system that “can result in errors.”

“The fact that Plaintiffs’ ballots were not counted is unfortunate,” the filing states. “But it is the result of human error, not malice. And that human error was not a violation of the Plaintiffs’ constitutional right to vote.” 

Matthew W. O’Neill, an attorney representing Witzel-Behl, declined to comment.

The city’s attorneys have now adopted the same argument, filings show. 

Asked about the city’s legal defense, current Madison clerk Lydia McComas didn’t address the argument directly but told Votebeat that the city is committed to counting all eligible votes “regardless of how they are cast.”

Phil Keisling, a former Oregon secretary of state, said he wasn’t aware of other states with similar laws. He said he found the city’s argument wrong and offensive. 

“The right to vote, if there is a state constitutional right to vote, should have nothing to do with the form that a voter chooses,” he said.

Law passed to clarify absentee voting requirements

The law that Madison cites in its legal defense was enacted in 1985, long before absentee voting became widespread. The stricter language about the regulation of absentee voting came after judges in a series of Wisconsin court cases called for more liberal interpretation of those regulations.

The law states that while voting is a constitutional right, “voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place.” A subsequent provision states that absentee ballots that do not follow required procedures “may not be counted.”

The law appears similar to a 1969 U.S. Supreme Court decision that drew a distinction between the right to vote and the right to receive absentee ballots. That decision has since been interpreted — and misinterpreted — in a “number of ways by a number of people wanting to trim back mail voting,” said Justin Levitt, an election law professor at Loyola Marymount University.

After the Wisconsin law was enacted, the state election board clarified the Legislature’s position that failing to comply with procedures for absentee ballot applications and voting would result in ballots not being counted. The board did not suggest the law could be used to excuse municipalities that improperly discard legally cast ballots.

Absentee voting has long been available in Wisconsin but surged in 2020 amid the COVID-19 pandemic and has been extensively litigated since then.

The law calling absentee voting a privilege was central to a lawsuit that resulted in a 2022 statewide ban on ballot drop boxes; another lawsuit to prohibit voters from being able to spoil ballots and vote with a new one; and President Donald Trump’s attempt to overturn the 2020 election outcome in Wisconsin.

A later lawsuit led to the reinstatement of drop boxes in 2024. In that case, plaintiffs argued that the law “unconstitutionally degrades the voting rights of all absentee voters by increasing the risk of disenfranchisement.” The court, then led by liberal justices, declined to overturn the statute but disagreed with an earlier interpretation that absentee voting requires heightened skepticism.

Experts say Madison’s defense misinterprets the law

Rick Hasen, a professor at UCLA Law School and expert on election law, said he didn’t think the law itself was problematic, adding that states have various laws controlling absentee voting. The U.S. Constitution, he noted, doesn’t require any state to offer absentee voting.

But “once the state gives someone the opportunity to vote by mail,” he said, “then they can’t — as a matter of federal constitutional law — deprive that person of their vote because they chose a method that the state didn’t have to offer.”

The city and Witzel-Behl’s use of the law in this instance “seems to be wrong,” Hasen said.

Attorneys for Law Forward in a court filing called Witzel-Behl’s argument a “shocking proposition.”

“There is no right to vote if our votes are not counted,” Law Forward staff attorney Scott Thompson told Votebeat. “And this is the only case I’m aware of where a municipal government has argued otherwise.” 

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

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

Madison’s defense in missing ballot case: Absentee voting is a ‘privilege,’ not a right 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 story was produced in partnership with the University of Wisconsin-Madison’s Investigative Journalism class taught in the School of Journalism and Mass Communication.

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• The state reported five deaths from people falling through the ice on Wisconsin lakes last winter, compared with seven over the previous five years.

• There were 10 Madison lake rescues the previous two winters (plus another one in the last week of December 2025) after only one in 2023.

• More dangerous ice conditions are having a negative effect on businesses and tourism.

When Alec Hembree fell through the ice on Lake Wingra last winter, he remembered, “it was instantaneous.”

It was just after dark on Jan. 20. The temperature was around 2 degrees. Hembree was riding his bike across the frozen lake from his work on Madison’s east side to his home on the west side, a commute he had tried successfully for the first time the previous week. When he fell in, his feet couldn’t touch the bottom. He barely had time to be scared.

“I think there were a couple people on the lake,” Hembree said. “They wouldn’t have been able to get to me before I got out.”

The air was so cold, Hembree’s leather gloves immediately froze to the icy surface of the lake when he tried to pull himself out. After about 30 seconds in the water, he was able to pull himself and his bike out. It all happened so fast, he wasn’t sure how he did it. He thinks his training from being an Eagle Scout helped. 

“Everything was in an ice shell at that point,” he said. He biked 10 minutes to a co-worker’s house, where he used a hair dryer to thaw his jacket zipper and get out of his frozen clothes before his co-worker gave him a ride home.

Hembree’s experience is becoming more common on Wisconsin’s lakes. For some, falls prove deadly. The Department of Natural Resources last winter recorded five people statewide who died falling through the ice on off-highway vehicles across the state. Between 2020 and 2024, similar accidents accounted for a total of seven deaths.

According to the Madison Fire Department, the Lake Rescue Team was dispatched four times to rescue people who fell through the ice in 2025 and six times in 2024, though only once in 2023. Through the end of 2025, the department had responded to 39 incidents of people falling through the ice since 2016. On Dec. 27 (as this story was being finalized for publication) the department rescued another individual who had fallen through the ice on Lake Mendota.

But those are only the incidents where the Lake Rescue Team was dispatched, so the stories of Hembree and others who fell through the ice and managed to escape aren’t included.

“This (past) year has probably been one of the more dangerous years on ice that I can remember,” said Lt. Jacob Holsclaw, the Wisconsin DNR’s off-highway vehicle administrator.

Treading on Wisconsin’s frozen lakes has gotten more dangerous, creating cost for taxpayers and business owners and calling into question the future of an important state pastime.

A growing trend

Trekking on Dane County’s frozen lakes is a common winter activity for southern Wisconsin residents.

“Walking on frozen lakes” was the most common activity on the lakes among respondents to a 2010 Dane County Land & Water Resources Department survey. At 28%, that was more common than swimming, kayaking, boating, or fishing from a boat or pier. Other ice-related activities such as skating and fishing were more popular than water skiing, jet skiing and sailing. The study authors estimated that close to 110,000 Dane County residents — more than a fifth of the population — walked on the county’s frozen water bodies at least once in 2010.

The heavy usage of the frozen lakes provides a revenue stream for numerous Dane County businesses and nonprofits. For example, the Clean Lakes Alliance hosts the annual Frozen Assets Festival, in which hundreds of participants take part in a fundraising 5K on frozen Lake Mendota and others enjoy scientific demonstrations, ice skating, kiting, boating and other ice-related activities.

But the future of frozen recreation in Dane County is in peril. Madison winters are getting shorter and less predictable. And falls through the ice are becoming more common.

Ron Blumer, a Madison Fire Department division chief who heads the department’s Lake Rescue Team and has been with the city since 1995, said in recent years his team has conducted “a lot more responses” to calls to rescue people who fell through the ice.

Part of the uptick can be attributed to climate change and the shrinking number of days of 100% ice cover on the Yahara lakes. Since 1855, when the Wisconsin State Climatology Office began consistently tracking Lake Mendota’s freezing and thawing dates, the lake has stayed frozen for an average of 102 days every winter. But only in four of the last 25 years has Mendota been frozen that long. During the 2023-24 winter, the lake was frozen for 44 days — a more than 20-year low. Last winter it froze for 69 days.

There’s no ‘safe’ ice

While information about how thick ice should be for walking or driving varies between sources, there is some consensus: No ice is ever completely safe.

“We really shy away from saying that there’s ever any ice that’s 100% safe,” Holsclaw said. The DNR’s website offers no hard and fast rules for what’s considered a “safe” thickness.

“You cannot judge the strength of ice by one factor like its appearance, age, thickness, temperature or whether the ice is covered with snow,” the website reads. “Ice strength is based on a combination of several factors.”

Air temperature is just one of those factors. But others include wind, sunlight, whether the ice is near a spring or other moving water, and whether the ice is frozen water (black ice) or mixed with snow (white ice).

“Black ice can withstand a lot more force (than white ice),” said Adrianna Gorsky, a freshwater and marine sciences Ph.D. candidate at UW-Madison. “Even if you have really thick white ice, it might not be as strong as if you had black ice only.”

Fluctuations in temperature during winter can also have a marked effect on ice thickness and quality. In January and February of 2025, it wasn’t uncommon for temperatures to fluctuate by tens of degrees within a single week in Dane County. On Jan. 21, the day after Hembree fell through the ice, Madison temperatures were in the single digits. A week later, on Jan. 28, the high temperature was 49 degrees. This frequent melting and thawing back and forth, Gorsky said, could result in mixed layers of black and white ice that would compromise the ice’s structural integrity.

Variations in temperature can also make lake ice expand or contract, causing pressure heaves or large cracks to form in the surface of the ice.

“And there will be a gap in there where there’s thin ice or no ice at all,” said Jon Mast, a lieutenant on MFD’s Lake Rescue team. These areas can be especially dangerous to walk near.

For as much that is known about factors affecting ice thickness and qualities, “there is a lot of unknown,” said Gorsky. That’s because winter limnology is relatively understudied compared to other areas of marine science.

“There’s a lot of things we still don’t know and a lot of theory that we’ve based off summer open water season that doesn’t really hold true for winter,” Gorsky said.

Increasingly visible effects of climate change on lake ice have precipitated “a cry for more research” in winter limnology, Gorsky added. And it can’t come soon enough. Because falls through the ice are costing local businesses, nonprofits and taxpayers money.

The cost of thin ice

In Madison, there are no fines associated with being rescued from falling through the ice. Because, Blumer said, “we want people to enjoy the lakes and to have fun.” But that fun still comes at a cost.

Businesses and organizations that rely on the ice for income are feeling the strain of weakening lake ice too.

In 2024 the Clean Lakes Alliance canceled all on-ice events for its Frozen Assets Festival, including the annual 5K. According to Sarah Skwirut, the Clean Lakes Alliance’s marketing coordinator, only around 200 participants participated in the on-land “winter workout” the organization hosted in lieu of the 5K, down from 800 who ran the 5K the previous winter, which generated around $30,000 for the nonprofit.

“If the lack of ice becomes more common in the future,” Skwirut said in an email, “we will need to adapt and find new ways to engage the community and promote our work.”

Small businesses are equally if not more affected by the phenomenon. In 2022, Pat Hasburgh purchased D&S Bait and Tackle in Madison, “very aware of what I was getting myself into as far as climate change and running a business that kind of depends on ice,” Hasburgh said. He admitted the recent, mercurial winters have made it difficult to plan for the ice fishing season.

“I mean, I had a pile of augers waist high in 2022,” Hasburgh said, citing that people are less likely to need such a high-powered tool to break through the ice in warmer winters. And 2024 was even worse.

“We had four weeks of ice, as opposed to three months,” he said. “That was a rough one to try to make it through as a business.” Hasburgh is used to around a third of D&S’s business coming from ice fishing, but guessed that it was probably less than a quarter in 2024.

Beyond Madison

The increase in falls through the ice is easier to see in a populous part of the state like Dane County. But the trend is apparent across Wisconsin. And in many cases, the cost is more than just lost business or an icy bike ride.

The five deaths this past winter happened in Pewaukee, Kenosha, Fond du Lac, Superior and Westfield, an hour north of Madison, where a man died on Jan. 6 after falling through the ice on Lawrence Lake while riding a UTV.

In a Facebook post, the Marquette County Sheriff’s Office urged the public “to avoid venturing onto frozen lakes or rivers unless they have confirmed the ice is thick enough for safe activities.”

The temperature in Westfield on Jan. 6 was below freezing and had been every day the previous week.

An October 2024 study published in Nature Reviews Earth & Environment warned that lakes between 40 and 45 degrees north latitude — a range that includes all of Wisconsin south of Wausau — could lose all safe ice for the winter sometime this century.

A solution may lie in more research. Gorsky said predicting the future of what winter is going to look like for lakes “is a really big research topic.”

For Hembree’s part, he considers himself lucky to be alive. But he has “no concerns” about going back on the ice. He’s enjoying it while he still can.

“If I do go out commuting on the lake again I will be, certainly, more cautious,” he said.

On thin ice: Falls through the ice on Wisconsin lakes are becoming more common. There’s more than just warm weather to blame. 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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• Undergraduate students can major in public policy starting in fall 2026.

• Officials say that it’s the first public policy major in Wisconsin and that it may be the only one in the country focused on teaching students how to engage in civil dialogue and find common ground. 

• More and more students were interested in undergraduate certificates from the La Follette School of Public Affairs, which caused leaders to investigate whether there would be demand for a major. 

• Students will learn how to use curiosity to connect with people, as well as how to evaluate the effectiveness of policies.

At a time when American politics are increasingly polarized and partisan, the University of Wisconsin-Madison is launching a new undergraduate major focused on working across those divides to create evidence-based public policy. 

The public policy major, debuting in fall 2026, is the first undergraduate major from the La Follette School of Public Affairs. The Wisconsin Legislature created the school in 1983 to educate future public servants for state and local government. In 2019, after decades of offering only graduate programs, the school added undergraduate certificates — UW-Madison’s version of a minor — in public policy and later in health policy.

Today, they’re among the most popular certificates on campus, said La Follette School Director Susan Webb Yackee. The animosity and gridlock that plague American politics hasn’t discouraged students. In fact, she thinks it’s only made them more interested. 

“This could be a time when our young people are running away from our policy problems, but many of them are running toward them,” Yackee said, noting that she’s seen particular interest in policies about health, environment and climate change. 

With the new major, those young people will have the option to make public policy their primary focus. School leaders say that it’s the first public policy major in Wisconsin and that it may be the only one in the country focused on teaching students how to engage in civil dialogue and find common ground. 

Those are the skills society needs today, Yackee said.

“In a 50-50 state like Wisconsin, in a 50-50 country like the United States, we won’t be able to solve our big public policy problems by simply taking the point of view that one might agree with,” Yackee said. “We will have to work across the political aisle to make real change.”

Yackee spoke to Wisconsin Watch about how she hopes the new program will transform students, campus and the future of policymaking in the United States.  

The following interview has been edited for length and clarity. 

What exactly is public policy, and how is it different from political science?

Public policy is the study of government institutions as well as decision making that affects everyone’s lives. That differs from political science in the sense that we’re interested in not just the politics of how those decisions get made, but also whether public policies that go into effect work or not. Evaluating what works and what doesn’t in existing public policy, as well as predicting what kinds of policies may work and why, is a terrifically important part of our faculty research, as well as the classes that students take….

I’m a political scientist, but most of our faculty at the La Follette School are economists. They’re oftentimes much more focused on … Does that policy work? How is it different than policies in other states? If there’s a policy change, did that change actually match what legislators or practitioners wanted to see happen? 

Why did the faculty decide to focus the new curriculum on civil dialogue and finding common ground?

Our mission is evidence-based policymaking, and we quickly identified that to get to our mission, people had to be able to sit down in the same room and talk about it. You have to be able to talk before you can talk about evidence … That was a need we felt we could serve particularly well within our major … That’s also a skill that a lot of our undergraduate students on campus, who might not be public policy majors, could also benefit from. 

For some people, this feels like a sort of dismal time for politics or public policy. What are you hearing from students about why they’re interested in public policy and what kinds of problems they want to solve?

It’s absolutely true that politics and our current public policy atmosphere turns off a lot of people right now. But very interestingly, we’re seeing huge student engagement in public policy on campus …

A lot of UW-Madison students are interested in working in the nonprofit sector. Many nonprofits need to be able to evaluate their programs to see if they work or not … We teach classes in: How would we understand the goals of the program? How would we quantify them? … So the kind of skills-based classes that we teach have a lot of translation into other fields beyond just government service. 

Do you hear students expressing frustration with politicians today? 

I think there’s a lot of frustration with inaction, and I think that’s normal for traditionally aged college students. Is that any different today than it was in the 1970s or the 1950s? They’re impatient for change, and good for them. I am too, and I love their impatience. 

Let me give you a concrete example of a class I taught … It was for students to do applied policy analysis with real-world clients. This class happened to have three real-world clients, and they were all sitting Wisconsin legislators…

The first day of class was me saying, “Some of you are going to get assigned to work with a Republican (client), and some of you are going to get assigned to work with a Democrat … and if that’s a problem for you in this class, then you ought not to take it, because we are going to provide the best nonpartisan analysis that we can possibly provide to these elected members so that they can make the best decisions they can make for our state.” 

It was sort of like a pin drop when I said that. Nobody dropped the class. Those students did a fabulous job … A lot of those students were bio majors or chem majors — they weren’t political science majors. They did these reports on these topics, and some of them have now been passed into state law. So they were part of the ecosystem which created real change. 

The students … (also) testified in one of the Senate committee rooms in the Wisconsin Legislature… They presented. They were asked questions. Afterwards, one of the students came up to grab me and said, “Dr. Yackee, this is the professional thrill of my lifetime” …

That class is sort of a nutshell of what we’re hoping to accomplish in this undergraduate major.

What do we know about how to promote civil dialogue and find common ground and about how to teach people to do that?

One of the things that we know about teaching classes on talking across the political divide is the importance of establishing ground rules in terms of how those conversations are going to take place. One of our current faculty members, Associate Professor Amber Wichowsky, very much emphasizes curiosity. One of the ground rules for her classes is you need to be curious about how and why people feel differently than yourself … 

It’s innate human behavior to put people in different camps of “us” and “them” … If we come into conversations with that framing, we will not be successful. If we come in with a framing of curiosity and an openness to new perspectives and ideas — it is not that we’re looking to change people’s values, but we are looking to humanize the other because that is one step toward being able to listen to other people’s points of view and work across the political divide.

Free speech on campus is a hot topic these days. How do you hope the major and the skills that you’re providing students might create the kind of environment that you’d like to see on campus? 

Great question. I think of it like my bicep: I don’t work out as much as I should, but the more I work out that muscle, the stronger it gets. I think we don’t have enough opportunities for students to engage with people that are different than them and think differently than them.

Let me submit that a university is a place of ideas, so the most important kind of diversity is the diversity of ideas. It should be a fundamental job of ours to encourage those interactions … We’re going to do that in our classes, but we’re also going to do that by hosting politicians and practitioners and journalists that have different points of view. We’ve done that now for years, and we will continue to do that. 

So if this major is successful, how do you picture the campus will be different?

We hope that it would provide an outlet for students who are interested in applied politics and policy and careers in that space to have a fuller and richer UW-Madison educational experience … 

If we can position students with (these) skills … and they can be trained and ready to go when our country arguably needs them more than ever, then we will have done our job as educators, but we’ll also have done our job in promoting the Wisconsin Idea in a really important way. 

Have a question about jobs or job training in Wisconsin? Or want to tell a reporter about your struggle to find the right job or the right workers? Email reporter Natalie Yahr, nyahr@wisconsinwatch.org, or call or text her at 608-616-0752‬.

Yahr reports on pathways to success statewide for Wisconsin Watch, working in partnership with Open Campus.

New UW-Madison major will teach students to bridge partisan divides 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.