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Elections Commission to send clerk guidance on law enforcement at polls

The polling site at Madison's Wil-Mar community center during Wisconsin's 2026 spring election. (Henry Redman | Wisconsin Examiner

The Wisconsin Elections Commission voted Thursday to send a memo to clerks across the state with guidance for what they should do if local, state or federal law enforcement shows up at polling places. 

WEC discussed the guidance as fears have risen across the country that President Donald Trump could send armed federal agents to polling places in an effort to intimidate voters. 

The agency’s administrator, Meagan Wolfe, said at the commission’s Thursday morning meeting that “we don’t expect anything unusual at the polls on Election Day.” 

“We expect voters to have the same experience that they’ve had at previous elections, and so by no means are we looking to make anybody feel panicked or anything about this,” Wolfe said. “But clerks are asking very directly for this type of information because they are getting hundreds of emails from voters and from groups asking, ‘Do you have a plan if these sorts of things were to happen?’ And so I see this just like any other contingency planning that we do to assist our clerks.” 

The memo to be sent to clerks notes that unless law enforcement officials are conducting a legitimate law enforcement activity or casting their own ballots, they generally shouldn’t be at the polls. If they are, the memo states, officers are subject to the same rules as any other election observer. Armed federal agents and the military are not allowed at polling places. 

The guidance says that if agents from Immigration and Customs Enforcement, Homeland Security or the FBI show up at the polls, poll workers should immediately notify the municipal and county clerks and WEC staff. 

The commissioners noted that in many communities across the state, local law enforcement regularly checks in with election staff to make sure there aren’t any problems. Commissioner Ann Jacobs said it’s preferable if that’s done by plainclothes officers, because that’s less intimidating than a uniformed officer with a gun and bulletproof vest on. 

Republican Commissioner Robert Spindell said he was worried the guidance would depress turnout. 

“It seems to me that the Democrats are worried about federal agents showing up at some of these polling places, and you know, obviously, to instruct the clerks what to do if they do,” he said. “But I think this guidance is only going to scare away some people from the polls when they, when this law enforcement guidance hits the news. I think it will, and I personally think this guidance is unnecessary, as we have not seemed to have needed this for the last 201 years.”

Madison officials say city is ready to manage clerk’s maternity leave during election

Madison officials say the city is prepared to manage Clerk Lydia McComas' maternity leave during the Nov. 3 election, even with the added scrutiny that comes with recent high-profile errors. (Photo by Henry Redman/Wisconsin Examiner)

Madison City Clerk Lydia McComas took over her job in September 2025 with the city under heavy scrutiny from state election officials after nearly 200 absentee ballots were lost during the 2024 election. During the April 2026 state Supreme Court election, 23 late arriving absentee ballots nearly weren’t counted after a staff error. 

Ann Jacobs, a Democrat on the Wisconsin Elections Commission, said at a meeting in April that the second error was “absurd.” The two problems made the city of Madison the subject of the first two investigations ever opened by WEC. 

In June, Votebeat reported that McComas told Mayor Satya Rhodes-Conway that she would “firmly address the lack of communication” that caused the mistake and the clerk’s office would have more staff in place for the August and November elections. 

But McComas will be on maternity leave during the Nov. 3 election. 

Despite McComas’ absence, city officials say the processes put in place to avoid repeated errors, additional staff and help from other city departments will be enough to smoothly manage the midterm elections and the potential scrutiny that could come from WEC or the Republican Party of Wisconsin —  whose gubernatorial candidate this year, Tom Tiffany, has previously cast doubt on election results from Wisconsin’s largest cities. 

City spokesperson Dylan Brogan said of the recent errors in Madison that the city is “confident these things won’t happen again.” 

“This is a team process that involves 2,000 people,” he said. 

In McComas’ absence, deputy clerk Kaitlyn Bernarde is running the election. Brogan said that other city staff, such as City Attorney Mike Haas, who previously served as the WEC administrator, can help fill in. 

Bernarde spent more than four years as the clerk in Wausau, a credential that convinced WEC the transition wouldn’t be a problem. 

“[McComas] hired a new deputy who was the clerk out of Wausau. Based on that we didn’t have any concerns,” Jacobs told the Wisconsin Examiner. 

In an interview with the Examiner, Bernarde said prior to the August primary elections, the clerk’s office added a staff member who is responsible for managing the thousands of absentee ballots returned to the city, which she believes will prevent any further absentee-related errors. 

“That is one of our major new changes in our office, we implemented an absentee lead position before the August election, and so we have a full time staff member who’s in charge of that, as well as additional hourly staff and other city staff who are helping to ensure that we have checks in place in the system, that we can check in at different points to make sure that we’re on track to get ballots out on time to our AM delivery, our PM delivery, as well as any late deliveries throughout the day so that way some of those similar mistakes don’t happen again.” 

Bernarde also said that the city and election staff are prepared to run the midterms under scrutiny from WEC and outside observers.

“I think Madison always kind of is under scrutiny by the state, our residents and other people who are involved in the process, and so we’ve had experience working under that kind of pressure the last couple elections,” she said. “And we all want a zero [error] election, and so we talk through that with our staff, with our poll workers to ensure that we are trained and that we document any instances that happen. Because elections involve humans and so sometimes mistakes happen but we have processes in place to confront them, minimize them and then also respond to address them appropriately after.”

Wisconsin Elections Commission meets ahead of midterms

Sign for the Wisconsin Elections Comission. (Wisconsin Examiner photo)

The Wisconsin Elections Commission met Thursday to assess its preparations for the midterm elections in November, review reports on allegations of voter fraud and determine the outcome of two complaints against election officials. 

The commission met as concerns continue to swirl around Wisconsin and the country over the possibility that President Donald Trump and his Republican allies will work to undermine confidence in the results of the election. 

In the meeting, WEC Administrator Meagan Wolfe gave the agency’s pre-election readiness report in which she outlined the ways the commission works to keep the state’s voter rolls accurate, train election officials, ensure the election’s security and answer any questions that come from local officials or voters. 

One of the most frequent complaints about the election system made by conspiracy theorists is that Wisconsin’s voter registration database includes the information of “inactive” voters who have moved, died or been convicted of a felony. The critics argue that leaving these files in the database makes it easier for fraud to occur.

The report states that WEC and local election officials have reviewed or updated nearly 500,000 voter files ahead of the election to make sure that only eligible voters cast votes in November. 

“And in total, since the last general election, our municipal clerks have updated or deactivated over a half a million records, and so I think that’s really, really important to highlight how much work goes into maintaining Wisconsin’s voter registration list all day, every day to ensure that anybody that’s lawfully registered will show up on the registration list,” Wolfe said. “They’ll show up on the polls when they go to vote on Election Day, and anybody who is not eligible, so anybody who maybe has been convicted of a felony or is otherwise not eligible, is removed from the list or their record is updated.”

Commission Chair Don Millis, a Republican, said that leaving the inactive voter files in the database actually protects against fraud. 

“Basically, you have one database with 7 million records, and there’s a very good reason why we keep records of inactive voter records, deceased voters, because if you got rid of those, you would lose one of your best tools to combat election fraud,” Millis said.

Wolfe also said that in an effort to provide as much information as possible to voters and clerks, the WEC office is set to open at 5 a.m. in the weeks ahead of the election. 

Commissioner Ann Jacobs, a Democrat, said she appreciates the sacrifice from WEC staff to help people, but that the agency’s 30-person staff is not large enough to handle the demands of the public. 

“We have put in a request for our budget for many more positions because the work we’re doing has expanded dramatically,” Jacobs said. “It shouldn’t be something where people are sacrificing as much as they are. And I want to express my admiration for our staff’s devotion to this work and commitment to it. And also say that our need for additional staff is real. It’s profound. And I hope if any legislators are out there listening, that you treat our budget request for more personnel with great attention, and hopefully give us those staff positions.”

Voter fraud, felon reports 

Commission staff also presented the results of the agency’s regular reports on felons who have voted and reported election fraud. 

As is generally the case, neither report shows widespread levels of election fraud at the level Republicans have regularly alleged in recent years. 

The report shows that since the 2020 general election, nearly 22 million votes have been cast in Wisconsin. Only 445 of those votes, 0.002%, were matched to voters with felony convictions and an even smaller number of those instances were actually referred to prosecutors and charged. 

The commission’s annual report on voter fraud found that in the elections since November 2025, municipal clerks have referred 53 cases of election fraud to local prosecutors. The WEC report, agency staff said, could be an undercount because it’s dependent on clerks reporting the referrals to WEC when they happen. 

Most of the referrals, 44 of them, were made because the “election day registration” postcard delivered to a person’s address after they register at the polls was returned undeliverable. 

Milwaukee Complaint

The commission also voted on Thursday that there is no probable cause to further investigate a voter’s complaint that the city of Milwaukee violated state law by sorting absentee ballots at its central count location behind a curtain. 

The complaint alleged that city staff were conducting “observable” election activities behind the curtain at the city’s central count location during the November 2024 and April 2025 elections. The commission’s discussion of the complaint reopened long-running arguments between commission members — most notably from Republican Robert Spindell, who has long been the WEC member most friendly to election conspiracy theories. 

Spindell argued that people continuing to have doubts about Wisconsin’s elections is evidence that Wisconsin’s elections aren’t run competently or transparently enough. 

“Let’s stop having these problems that we have, where 45% of the citizens of Wisconsin feel that there’s something wrong with this thing,” Spindell said. “I’m sure Mayor [Cavalier] Johnson does not like the bad publicity that comes out regarding the lack of transparency. There’s no reason why that black curtain is up. There’s no reason why all these actions are being blocked if there’s nothing nefarious going on.” 

Jacobs pointed out that the complaint included several blatantly false statements.

“Bob, I’m concerned by your comments because I know you’ve been to Central Count. I know you have seen ballots being opened in the machines. I know you have seen the tables. I know you have seen the poll workers calling out names. I know you have seen all this,” Jacobs said. “And this complaint was by someone who swore under penalty of perjury that those things were happening behind this curtain. This man brought a lie to us, a lie, because he’s so invested in putting forward this conspiracy theory of secret things going on behind black curtains that he’s willing to lie on these documents to us. You and I both know, we’re both there, you and I both know that’s not true and he lies to this commission with the hopes of diminishing the work being done in the city of Milwaukee and I think you should be as offended as I am by that, because I’m pretty darn offended.” 

Mark Thomsen, another Democratic member of the commission, said that it’s Spindell’s repeated indulgence of conspiracy theories that has allowed distrust of the system to continue. 

“For you to turn this discussion about a complaint and a recommendation into the politics of the election, I think that hurts us more than anything,” Thomsen said. “I think that promotes mistrust, and … years and years of this is like it’s like Chinese torture, Bob. I mean, it’s enough.”

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