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Protesters burst into a Thursday news conference about the police shooting of a homeless man in Madison, taking the microphone from the police chief and arguing with some attendees who said they wanted to hear more about the investigation.

The group of roughly 20 protesters burst into the room at the Madison police station, shortly after Mayor Satya Rhodes-Conway and Common Council President Sabrina Madison identified the man killed by police as Corey Durell Ruiz, a homeless resident.

Ruiz, 38, was shot and killed Wednesday after police said he resisted arrest and injured an officer with a knife.

Police Chief John Patterson stepped away from the microphone when the protesters were shouting, and one man in the group took his spot at the podium. The event quickly devolved into a shouting match.

@wisconsinwatch

A vigil for Corey Ruiz was held Thursday at the intersection of Williamson Street and South Baldwin Street in Madison, where Ruiz was fatally shot by a Madison police officer. We spoke to several Madison residents about the fatal shooting. Madison Police Department’s police chief, John Patterson, said Ruiz’s death will be investigated as a homicide during a press conference shortly before the vigil. The Wisconsin Department of Justice’s Division of Criminal Investigation is investigating the shooting. #wisconsinwatch #coreyruiz #mpd #madisonshooting #madison

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One protester held a sign saying “Corrupt cops deserve to die too!!!”

Moments earlier, the mayor said the shooting will be “rigorously investigated.”

“It does not matter who you are or what your past is, you should not lose your life as a result of an encounter with law enforcement,” Satya Rhodes-Conway said.

Madison, for her part, said “Corey could have been my brother because my brother is homeless and he often rides a bike.”

Court records show Ruiz had been in and out of jail over the past decade on charges including failing to pay child support, driving a vehicle without consent, jumping bail, threatening authorities, taking a vehicle without consent, possessing drug paraphernalia, resisting an officer and retail theft.

“He’s a human being. He had a family. He has parents who loved him who brought him home, who cared for him,” Madison said, adding that she’s struggling to understand what she’s seen in videos of the shooting that have circulated on social media.

“My first thought is, when the officer’s walking away, why isn’t he walking away in cuffs,” Madison said. “I’m angry, there’s no way around it.”

Once the protesters quieted down, the chief resumed his presentation, promising his department’s full cooperation with the state investigation.

Police have released few details

The shooting has roiled Wisconsin’s capital city, with Gov. Tony Evers calling for “transparency and accountability” and Madison community members gathering Thursday at a growing memorial.

None of the four officers who were detaining the man wore body cameras, but passersby recorded the confrontation on video, and accused the officers of overreacting.

“I thought, ‘Holy cow — what could have warranted that?’ It looked to me like they had him under control,” David Ortiz-Whittingham, who saw officers swarming and heard the gunshots, said Thursday. “Even now, knowing about the knife, did he have to die for it? Could this have been de-escalated without him losing his life?”

The police chief released few details Thursday, saying the investigation into the officer-involved shooting must run its course.

Earlier Thursday, Madison’s independent police monitor, Aeiramique Glass, said police have not yet shared evidence or the officer’s identity with her office, which will review the case and can recommend to the district attorney that charges be filed if warranted. She said the department and city are “obstructing what the community and the public” want.

“Let me do my job,” she said.

Patterson said the police were committed to cooperating with Glass as the independent monitor’s investigation is carried out, at the same time as the state’s probe.

The chief urged people not to draw conclusions

Patterson has urged caution in reading too much from the cellphone videos. He said none show the perspective of the officers, and additional video that hasn’t been released is being reviewed.

The officer who fired his weapon is a veteran of the force, the chief said. He and the three other responding officers will be placed on administrative leave pending an independent investigation by the Wisconsin Department of Criminal Investigation, as required under state law.

Patterson said police were responding to calls that someone was attempting to enter parked vehicles, and the suspect fled on a bike before the officers surrounded him. One deployed a taser, but Patterson said he didn’t know if the taser worked. Those efforts failed to control the man, Patterson said.

In the videos circulating online, the man can be seen standing before he’s brought to his knees as the officers struggle to force him into a prone position. Then he falls quickly to the pavement after what sounds like three gunshots and seems motionless as the officers handcuff him behind his back. Arriving officers then escort one of the officers a short distance away.

Patterson said he did not know the extent of the injuries sustained by the officer who was injured by the knife.

“This situation was clearly dangerous,” Patterson said. He later continued, “I am incredibly saddened by the loss of life.”

A neighborhood now accustomed to police shootings

The shooting happened in the middle of an intersection in the popular Marquette neighborhood, which is lined with restaurants, bars, shops and homes less than 2 miles (3.2 kilometers) from the state Capitol. The bystander videos show numerous cars at the scene, with people watching and commenting as it unfolded.

“I saw everything! I saw everything! You did not need to kill him! … We watched it all!” a woman yelled in the video recorded by Ortiz-Whittingham. Three loud shots could be heard among the sirens, followed by screams.

Residents who dealt with two other police killings within the same few blocks expressed their frustration on Thursday.

In 2015, a white police officer shot and killed Tony Robinson, who was biracial, on the same street. Large protests followed, but the district attorney filed no charges, determining the officer was justified. In 2012, Paul Heenan, a white musician, was fatally shot after he had been drinking and mistakenly entered his neighbor’s house. That officer was exonerated as well.

The chief acknowledged that the neighborhood “has experienced a lot of trauma” and urged people to support one another.

“I want transparency, I want accountability,” Patterson said.

Questions about race and technology emerge

The race of the officer who fired his gun on Wednesday and that of the man he killed were not released by police.

But Black advocacy groups, protesters and politicians spoke out against the crime and said they believe the man was Black.

The shooting also focused attention on the Madison Police Department’s lack of body-worn cameras. The force of around 500 is among the largest in the Midwest that doesn’t use the devices.

Common Council President Sabrina Madison said Thursday that she expects a police request for $400,000 to be approved, enabling the cameras to be phased in over the next three years. Others lamented that cameras aren’t already being used.

“Nobody can agree on anything,” said Katey Nelson, a member of the police civilian oversight board and operations director at YWCA Madison, a racial justice group. “Now we’re here, looking at another police shooting where we don’t have what we need to make sure the officers are held accountable.”

The mayor said her budget, which has not yet been released, will include funding for body-worn cameras. Rhodes-Conway said the city needs to put together a policy for the use of the cameras, and said that will be completed before the budget takes effect in January.

And now it’s a talking point in the governor’s race

Madison, home to the University of Wisconsin, has a long history of organized protest dating back to the 1960s. More than 100,000 people marched on the state Capitol in 2011 in favor of union rights. There were large demonstrations that turned violent after the death of George Floyd in 2020.

And so the shooting quickly infused itself into the race to succeed Evers as governor, with voting already underway in the Aug. 11 primary.

“This state sanctioned violence was an execution,” posted Francesca Hong, a democratic socialist candidate who appeared with a bullhorn at the scene just a few blocks from her campaign office. She has called for defunding the police.

Another Democrat in the race, Milwaukee County Executive David Crowley, said while the details must become public, “these reports are painfully reminiscent of the tragedies we have witnessed in Kenosha, Minneapolis, and far too many communities across our country.”

Republican U.S. Rep. Tom Tiffany called on his rivals to let the state investigation “establish the facts without politicians rushing to judgment or stoking division” in a statement that also said he would “work to end revolving-door criminal justice policies.”

Associated Press writers Ed White in Detroit and Jake Offenhartz in New York contributed to this report.

Editor’s note: The Associated Press erroneously reported George Floyd was shot and killed by police. An officer in Minneapolis murdered Floyd by pinning him to the pavement and putting a knee to his neck. This story has been updated to reflect the correction.

Madison officials identify Corey Ruiz as man police shot and killed 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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• UW Health leaders created a new company called WorkForward to help health care systems and state agencies nationwide create their own apprenticeship programs. 
• UW Health officials started offering apprenticeships to their employees in 2018. 
• The program has helped the company fill entry-level roles and retain existing staff while filling gaps for in-demand positions. 
• But experts say apprenticeships aren’t a silver bullet: They require clinical staff to supervise apprentices; employers have to pay staff for hours they’re in school; and each state has its own regulations for apprenticeships.

Violet LaClair was ready to leave her job. 

As a certified nursing assistant at UW Health in Madison, she used the skills she developed while caring for her dying grandmother for nine years. Her co-workers had supported her through her gender transition. She’d even won an award for providing “extraordinary” care. 

She loved her workplace, but after four years, she wanted a change.

“I felt like I’d done it all,” LaClair said. “I felt like at some point I needed to challenge myself more.” 

She thought about going back to school, but that didn’t seem doable. She was already in her 40s and didn’t have time or money to spend.

Then she learned she could get trained to be a medical assistant for free, while working, through an apprenticeship program UW Health started in 2018. She pays no school costs, and she gets paid for the time she spends in class. 

Three days a week, she works at the company’s Union Corners clinic, where she gets patients situated, takes blood pressure, flushes ears and more. 

“I can pretty much do anything the doctor asked me to,” LaClair said. Two days a week, she takes classes on pharmacology, laboratory procedures, and law and ethics.

“I think the program is great,” LaClair said. “It’s given me a whole new chapter in my life, and something to be excited about.” 

Opportunities like these are novel, but increasingly common. The idea is simple: Maybe the country’s next nurses, surgical technologists and medical assistants are already working in hospitals and clinics. The people who’ve spent years booking appointments or drawing blood might jump at the chance to train for new careers — if their employers will help them do it. 

UW Health now offers apprenticeship options for 17 professions, including surgical techs, pharmacy technicians, respiratory therapists and registered nurses. Apprentices pay nothing for their course work, and they get paid to be in class.

To date, more than 1,000 apprentices have graduated. 

Bridgett Willey, who oversaw the launch of those apprenticeships, said they’ve helped fill a critical gap. Wisconsin colleges alone just aren’t graduating enough students to meet the needs of the three major health systems in southern Wisconsin, Willey said. 

The popular programs, which attract far more applicants than they can accommodate, have helped the company fill entry-level roles and hold onto existing staff. Before it began offering apprenticeships, as many as 3 in 10 positions for medical assistants, nursing assistants and pharmacy technicians were unfilled, Willey said. Today, it’s around 1 in 10. 

“We’ve increased our supply by growing our own and training our own folks,” Willey said. 

UW Health isn’t the only health system trying this model. Apprenticeships, once a rarity in health care, have become increasingly common at hospitals and clinics nationwide.

But offering this kind of on-the-job training isn’t always easy. Now, UW Health plans to use what it’s learned to help other states overcome the financial and bureaucratic barriers that can stand in the way. In May, the health system announced it created a separate company called WorkForward to help health systems and state agencies elsewhere set up apprenticeships. Willey, who directs that new project, thinks it’s the first such initiative by a U.S. health care company.

The health care apprenticeship surge

Historically, apprenticeships have been a key on-ramp to technical trades like plumbing and carpentry, allowing trainees to earn as they learn.

Now, apprenticeships are flourishing in U.S. hospitals and clinics, too. In just five years, the number of registered apprentices in the health care field has grown by more than 40%, according to the U.S. Department of Labor, as employers have expanded existing programs and others have started new ones. 

The boom comes as demand for health care workers has shot up across the country, triggered by the growing needs of an aging population and a wave of longtime health care workers retiring. By 2038, the country will be short about 109,000 registered nurses, 61,000 physical therapists, 33,000 pharmacy technicians and 13,000 respiratory therapists, according to projections by the National Center for Health Workforce Analysis.

Meanwhile, vocational and on-the-job training is becoming increasingly popular across the board, said Susan Skillman, senior principal research scientist at the University of Washington Center for Health Workforce Studies. 

“Apprenticeships in general are growing,” Skillman said. “We’re kind of in that place in the nation where the pendulum is moving away from four-year college degrees.”

Staff seize opportunity to advance

Some health apprenticeships last months while others last years. At UW Health, apprentices training to become medical assistants finish in 10 months while future registered nurses train for four years.

No matter the length or industry, all apprenticeships involve a combination of on-the-job training and classroom instruction. In the case of Wisconsin’s registered apprentices, who are approved through the state’s Department of Workforce Development, employers must pay apprentices for the time they spend in class. In some cases, the employer pays for the apprentices’ school costs, too. 

At UW Health, the employer covers tuition. The health system’s staff also coordinate the apprentices’ work and school schedules to avoid conflicts. 

Those were big selling points for Brianna Matheson, 35, who had worked as a medical assistant for 12 years when she learned last spring that UW Health was starting a three-year surgical tech apprenticeship. She’d spent time in the operating room before, and she liked helping with clinical procedures.

“I was just ready for something more,” Matheson said. “I was in clinics for so long, doing the same thing for so long. I wanted to learn again, be a student again, and be a novice.”

When the application opened, she was the first to apply. 

“I had kind of given up on the idea of going back to school because I, like so many others, need full-time income, and I didn’t really want to give up all of my free time to work full time and go to school in the evenings and weekends,” said Matheson, who now processes and delivers supplies to the operating room at Madison’s University Hospital. 

Not only does she not pay tuition, but the Department of Workforce Development offers a stipend for scrubs, reimburses mileage to and from school, and even covers some daycare costs for apprentices with kids, Matheson said. 

The position also let Matheson keep her prior $25 hourly wage, reflecting the raises she’d earned during more than a decade on the job. When Matheson graduates in May 2028, she’ll earn surgical tech wages, which range from around $30 to $44 an hour, according to current UW Health job listings.

“I would not have been going back to school at this point in life to pursue this without the support of specifically the apprenticeship program that UW Health is offering,” Matheson said. “I wouldn’t have done it on my own.”

Apprenticeships attract new job applicants

Offering apprenticeships could help health systems draw entry-level job applicants like 25-year-old DeForest native Alex Lippman. 

Lippman trained as a certified nursing assistant in high school, then worked at a skilled nursing facility in Madison. He started college at Arizona State University with plans to become a doctor, but moved back to Wisconsin when his grandmother fell ill in his sophomore year. He wanted to continue his education but figured he’d missed his chance.

Then, in 2023, UW Health announced it was starting the state’s first apprenticeship for registered nurses. That apprenticeship, like all of UW Health’s multiyear apprenticeships that lead to degrees, are open only to employees who’ve worked for the system for at least six months. 

“I had a plan of trying to get into this program because going back to school on my own was no longer feasible,” Lippman said. He got a job as a certified nursing assistant and began the apprenticeship the next year. 

Today he takes classes at Madison College and works three night shifts a week caring for patients with brain and spine injuries in University Hospital’s neuro intensive care unit. He’s on track to graduate in 2028.

UW Health’s shorter training programs, meanwhile, are open to new applicants as well as current employees. Already, some have finished one and moved onto another, looking to advance their careers, Willey said.

“What we’re seeing is that people come in through one of our entry-level (apprenticeship) programs like medical assistant or nursing assistant, get their feet under them working in that capacity, and then now they’re applying for our degreed registered apprenticeship programs,” Willey said.

This isn’t the first time the company has built its own pipeline of health care workers. In 2013, Willey started a program called Health Occupations and Professions Exploration, or HOPE, where high school students spend a Saturday learning to do CPR, place a breathing tube in a mannequin, and more. The goal, Willey said, is to show students the range of careers available in health care. The program has trained about 6,500 students.

How much can the model grow?

Apprenticeships offer a unique way to address workforce shortages and help employees move up on the job, said Andy MacCracken, who coordinates health workforce planning for North Carolina at the NC Center on the Workforce for Health. That, he said, is one reason the number of apprentices and apprenticeships in the health care field has soared in recent years. 

Still, he said, it’s not clear exactly how much of the health worker shortage can be solved through apprenticeships. 

“We need to have a realistic view about what we’re actually aiming for when deploying apprenticeships as a solution,” MacCracken said. “I think apprenticeships are a really helpful tool in the toolbox. They’re not the only one.”

One challenge: It’s expensive to pay the clinical staff needed to supervise apprentices, so it can be hard for health system leaders to make the business case to their boards. Even health systems that embrace apprenticeships may not be able to accept as many apprentices as they’d like. 

UW Health pays for its apprenticeship program with a mix of its own funds, private donations and public funds, though Willey said the latter is usually only available for starting up a new program.  

Still, there are always far more applicants than openings. When the registered nursing apprenticeship launched in 2023, 200 employees applied for 16 slots. Last year, 70 people applied for 40 medical assistant apprenticeships.

Another challenge: Each state has its own laws about what counts as an apprenticeship and what standards an employer must meet when offering one. Likewise, the regulations for each profession may vary from state to state too. And then there are the accrediting agencies that approve educational programs, which are still getting used to the idea that students might get paid for their clinical training hours.

Willey said WorkForward will publish research on apprenticeship approaches that work, lobby for resources to support such programs and help other states identify potential funding sources. The company is a nonprofit, she said, which will apply for private and public grants. It will not receive direct funding from UW Health. 

Currently, she said, WorkForward is working in Massachusetts with Tufts Medicine and Mass General Brigham — the state’s largest health care employer — and 12 of the state’s community and technical colleges.

“It would be great if we could take the solutions that we’ve built and spread (them at) scale across the U.S. … Health care continues to be a driver of new jobs for the U.S. economy,” Willey said, “and we have an aging population who needs more care, and so we need to be addressing these things now.”

MacCracken said he hasn’t heard of another health care employer taking on this role, but he thinks it makes sense, as employers may be more willing to listen to other employers. 

In North Carolina, he said, he’s already seen how a few model programs can pave the way for others. 

“I think because of the successes of some of the early adopters who have put these programs in action, we’re seeing great results, and so that’s helping inspire more action and scalability and replication.” MacCracken said. 

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

Can Wisconsin’s health apprenticeships become a national model? UW Health thinks so 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.

For the second time in three years, noxious clouds of wildfire smoke are smothering Wisconsin, dangerously degrading air quality and restricting people’s ability to go outside. In Madison, smoke began drifting in during the early morning hours on Thursday. By sunrise, the stench of burning forests had settled in and coated the Badger State’s capitol city in a gray smog, compounding a multi-day heatwave bringing temperatures to nearly 100 degrees Fahrenheit.

The smoke originated from 17 wildfires in the Superior National Forest caused by lightning strikes in far northeastern Minnesota. Severe drought and heat fueled the fires, threatening a 1.1 million acre forest that is the most visited wilderness area in the U.S. Rangers are searching for 6,000 to 10,000 people who might be in an area that has been evacuated because of the fires, PBS reported. Officials have cancelled all Boundary Water canoe permits, and closed public access to the Boundary Waters Canoe Area Wilderness as part of a 3.9 million acre closure covering the entire Superior National Forest.

In Wisconsin, the fallout has been far-reaching. A statewide air quality advisory has been issued by the Department of Natural Resources (DNR), with the air expected to remain unhealthy until at least Friday. 

Local health departments from Milwaukee to Kenosha are warning residents to avoid the outdoors as much as possible, especially children, older people, pregnant women and those with respiratory ailments like asthma and heart disease. Even healthy people may experience eye irritation, coughing, sore throats or shortness of breath due to exposure to the smoke. 

“While breathing problems and respiratory health dangers are often considered the biggest health impact from wildfire smoke, it’s important to recognize the impact on cardiovascular health as well,” said Dr. Art Coffey, a board member of the Milwaukee American Heart Association and a ProHealth Care cardiologist. “Wildfire smoke contains a lot of pollutants including fine, microscopic particles linked to cardiovascular risk. As these fires continue to burn, that contaminated smoke is traveling many miles beyond the immediately affected area.” 

A press release from the American Heart Association warns that smoke exposure can increase the risk of sudden cardiac arrest and increase burdens on local emergency services. One study in the Journal of the American Heart Association found that heavy wildfire smoke exposure increased the risk of out-of-hospital cardiac arrests by 70%, with that risk elevated among both men and women, particularly in adults from 35-64 years of age and those in high-poverty communities.

In a new analysis, the environmental advocacy group Clean Wisconsin estimated that 250 premature deaths occur each year in Wisconsin due to wildfire smoke exposure. The environmental group warns that these trends are likely to worsen. From 2010 to 2020, Clean Wisconsin stated, wildfire smoke caused unhealthy air quality conditions in the state for less than one day per year. Since 2020, however, wildfire smoke has caused unhealthy air in Wisconsin for an average of nine days per year. The smoke also carries particulate matter which is so small that it can penetrate the lungs deeply and cross into the blood stream, potentially leading to heart disease, cancer, dementia, blood clots, stroke and early death.

Milwaukee’s health and public works departments have suspended or modified some services. Garbage and recycling collection is suspended until further notice, and the city’s drop-off centers are also closed. The city tow lot closed Thursday afternoon. Air quality in the Milwaukee area is considered dangerous, and people are advised to stay inside, run air conditioning, use portable air cleaners or air filters, wear N95 masks or similar protection if they have to go outside, and to check on their neighbors and loved ones. 

Milwaukee County Executive David Crowley  said in a statement that this has become “the worst air quality on record for our community,” adding, “I encourage everyone to take this situation seriously, limit time outdoors when possible, and follow guidance from public health officials.”

All beer gardens, splash pads, outdoor and indoor pools and wading pools have closed in Milwaukee County parks. Residents rely on some of these services to cope with the high temperatures, but the smoke makes their continued operation unsafe. The Milwaukee County Zoo has also had to move some animals inside and cancel attractions and programming.

The Irwin A. and Robert D. Goodman Pool in Madison in Madison is also closed. In Kenosha, two park pools have closed as well as a municipal golf course, bulk and recycling and compost drop-off sites. A local “Peanut Butter & Jam concert” has also been canceled until further notice.

Climate change, the elephant trumpeting in the room

Experts and advocates stress the connection between repeated wildfire smoke emergencies and climate change, which creates the heatwaves and extreme drought conditions which set the stage for massive blazes.

“Increasingly smoky skies underscore the importance of a rapid transition to clean energy rather than building more polluting fossil fuel infrastructure that further contributes to climate change,” Dr. Paul Matthewson, science program director for Clean Wisconsin, said in a statement. “The faster we can reduce our greenhouse gas emissions and slow climate change, the more summer days we will be able to enjoy outside without worrying about whether the air is safe to breathe.” 

“The wildfire smoke blanketing Wisconsin is a reminder that climate change is not a distant threat,” said Peg Shaeffer, spokesperson for Midwest Environmental Advocates. “It is already harming public health and disrupting our daily lives. While no single fire can be attributed solely to climate change, we know that a warming climate is making large wildfires more frequent and more severe.”

Chelsea Chandler, Clean Wisconsin’s climate, energy and air program director, said, “This is hurting everybody — our kids on the playground, farmers, construction workers.” Chandler added, “The public health threat we are all enduring must be a wakeup call…Wisconsin is moving in the wrong direction. Our energy companies are doubling down on burning dangerous fossil fuels to meet soaring AI data center demand, adding to the hazardous air pollution we breathe and damaging our climate. Wisconsinites are paying the price.”

Chandler said that Wisconsin needs to rapidly employ several policies including:

• Rapidly shutting down Wisconsin’s remaining coal power plants
• Ending investments in fossil fuel-burning infrastructure, such as new methane gas plants and oil pipelines
• Dramatically increasing funding for programs to help Wisconsinites save energy and money
• Investing in public transit and electric vehicle charging infrastructure
• Supporting large-scale wind and solar development
• Removing barriers to rooftop and community solar
• Cultivating  farming practices that truly store carbon in the soil and restore soil health

“These ideas are not new; in fact, many other states are already taking action,” said Chandler. “For example, Wisconsin is last in the Midwest when it comes to wind energy production, far behind our neighbors…We’ve got to realize that Wisconsin is not an island. No community is safe from the impacts of climate change. The question is, what are we — and our state leaders — doing to help?”

It’s a question young people, especially those who have grown up in an era of climate emergency, ask their elders with increasing audacity. Last year, a group of young Wisconsinites attempted to take the government to court, asking the state to eliminate laws that worsen the climate crisis and accusing those in power of robbing them of their right to a safe and stable future due to policies which contribute to climate change. In April, a Dane County judge dismissed the case, saying that although she was sympathetic to the children, that what they demanded was a political question beyond judicial review. 

“Needless to say, we strongly disagree,” said Shaeffer. Midwest Environmental Advocates, which represented the children in the court action. “These kids deserve more than sympathy. They deserve to have their day in court.” 

The children involved in the case had suffered the effects of wildfire smoke exposure in recent years, Shaeffer said in an emailed statement to the Wisconsin Examiner. One 18-year-old girl named Madeline has asthma, and must stay indoors and avoid  the smoke to avoid flare-ups,  preventing her from biking, hiking or running outdoors. Another 16-year-old named Indy must stay indoors for weeks on end due to his asthma. Caroline, a 9-year-old girl, said she feels “trapped” when heat and smoke prevent her from playing outside. Those kinds of experiences were also shared by 18-year-old Lucy, who quit the cross-country ski team because practices were cancelled due to a lack of snow in the winter and smoke in the summer. 16-year-old Ted must do farm chores when smoke is heavy in the air. And 12-year-old Elia suffers migraines which are worsened by the heat and smoke. 

President Donald Trump has repeatedly called climate change a hoax and a scam. Under both his administrations, climate policies ground to a halt as fossil fuel companies were given carte blanche to “drill baby drill,” as Trump is fond of saying.

“These are the real, lived experiences of Wisconsin young people whose health and wellbeing are being harmed by state laws that exacerbate climate change,” said Shaeffer. “We believe the court has both the authority and the obligation to address that harm.”

Reading Time: 4 minutes

Wildfires in northern Minnesota and Canada have caused some of the worst air quality on record for Wisconsin. The entire state remains under an Air Quality Advisory for fine particulate matter from wildfire smoke until noon on Friday, according to the Wisconsin Department of Natural Resources. 

As of 2 p.m. Thursday, most of the state’s air quality was in the “very unhealthy” or “hazardous” Air Quality category. That means that everyone, not just sensitive groups, should avoid outdoor activities, the DNR said.

In areas near Superior, the Air Quality Index rose above 800, while parts of eastern Wisconsin including Milwaukee and Kenosha measured above 650. National Weather Service meteorologist Benjamin Sheppard told Wisconsin Watch these levels are some of the worst on record. 

“What we’ve heard from some of our partners is that the Air Quality Index values that we’re seeing are definitely either never before seen or up there,” Sheppard said. “I’ve been working here for three years, and I’ve seen nothing anywhere near that high.” 

Index values in Wisconsin have exceeded the records set by wildfires in June 2023, DNR spokesperson Craig Czarnecki said in an email, noting that the figures “will still need to be quality assured.” At that time, levels peaked at 273, which means concentrations in Superior and the Milwaukee area have more than doubled. 

The U.S. Centers for Disease Control and Prevention recommends setting up a portable air cleaner or filter in a room that can be closed off from outside air and setting your air conditioner  to recirculate mode if possible or close the outdoor intake damper. 

Fine particulate matter, also known as PM2.5, is a main pollutant released from wildfire smoke that can enter the bloodstream. Dr. Joan Schiller, a member of Healthy Climate Wisconsin and retired medical oncologist, told WPR this can exacerbate lung conditions.

“I don’t think people realize how far away you can be from the fire itself and still have health problems,” Schiller said. “These health problems typically manifest themselves as respiratory problems, such as exacerbation of COPD or asthma or emphysema.” 

How can I check the air quality in my area?

The Environmental Protection Agency monitors the air around the country and compiles an air quality index, or AQI.

Here’s what to know about the index and how to keep tabs on your area, especially in U.S. regions dealing with smoke from Canadian wildfires.

What does the air quality index measure? 

The index rates how clean or polluted the air is each day. The EPA uses this measure to keep tabs on five kinds of air pollutants. The main concern from the wildfire smoke is fine particle pollution. These particles are tiny enough to get deep into the lungs. They can cause short-term problems like coughing and itchy eyes and, in the long run, can affect the lungs and heart.

What do the numbers and colors mean? 

The index categories typically only run from zero to 500 – although levels have reached well above 500 in multiple parts of the state. The higher the number, the worse the air quality. That range is broken down into six color-coded categories. Green or yellow — in the zero to 100 range — the air is pretty clear. Once it gets up to orange, the air quality could be a concern for sensitive groups like children, older adults or those with health conditions.

In the red and purple zones, the air quality is considered unhealthy for everyone.

And if the index gets to maroon — at 301 or above — pollution levels are hazardous.

At these high levels, take precautions to avoid breathing in the dangerous air. That can mean reducing your outdoor activities, running air purifiers inside and wearing a well-fitting mask like an N95 when you’re outside.

What’s the air quality right now? 

Check AirNow.gov, which updates every hour. The site shows a real-time map of the air quality across the country and also includes a forecast for the day ahead. The map pulls in measurements from a network of air monitoring stations across the country. States and cities may also offer more local guidance.

How long will smoke last in Wisconsin? 

According to Sheppard and the National Weather Service (NWS), a southerly wind on Friday means smoke is anticipated to retreat from west to east  – likely bringing an end to the advisory for much of the state. 

“With those southwest winds, the air is going to get kind of clearer and healthier in a southwest to northeast manner,” Sheppard said. “Areas further north and east in Wisconsin are going to be most likely to hang on to that smoke.” 

Areas along Lake Superior may also need to have the advisory extended, NWS said. But Sheppard said winds could bring back a second wave of smoke to the rest of the state as soon as Saturday. 

“The weather models tentatively are telling us that the second batch of smoke could be as strong, or perhaps even worse,” he said. 

The Associated Press contributed reporting, as did Hongyu Liu of Wisconsin Watch.

Wildfire smoke brings hazardous air quality in Wisconsin. Here’s how to stay safe 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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I am not a lawyer. I am a Madison resident who is curious about how the city spends money and whether it follows its own rules. 

A few years ago, I started writing a blog about Madison city government, focusing on things the mainstream media were not covering. A big part of this involves obtaining records under the state’s open records law. When I want to know what is happening, I ask for the documents, and I read them.

The open records law is built for people like me. It begins with a declaration: “In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.”

Note what it says: all persons. Not just credentialed journalists or licensed lawyers.

Earlier this year, I asked the Madison Police Department for emails regarding a plan to let the department accept training grants without Common Council approval, a special exception unique to that department and apparently contrary to city policy. I was reporting on the proposal. The records arrived in May. They were useful, but the department had blacked out the work email addresses and work phone numbers of several government employees and a contractor doing business with the city.

That looked wrong to me. The open records law has only two provisions that allow a custodian to withhold contact information: sections 19.36(10) and 19.36(11). You can read both on the Wisconsin Legislature’s website. They cover only four things: a person’s home address, home email address, home phone number, and Social Security number. Neither one covers a work email address or a work phone number. You do not need a law degree to read them and see that an official’s city email is not a home address.

And so I pushed back. I wrote to assistant city attorney Adriana Peguero, whose job includes records compliance. I laid out my request, listed the specific redactions, quoted the two provisions, and explained why neither applied. Putting a request for compliance in writing is important because it puts all the facts and the rationale in front of the higher authority.

A couple of weeks later, Peguero replied. “I have discussed this matter with the MPD records custodians,” she wrote, “and they will be working on a new records set for you that discloses these email addresses and phone numbers.” I received the unredacted records the same day.

The whole thing took one letter and some patience. No lawsuit, no lawyer, no fee. It mattered because the result did not depend on special standing or special knowledge. Instead, it came down to a law being clear and a public official being willing to follow it once this was pointed out. That is how the system is supposed to work.

When a government tells you a record is being withheld, that is not the last word. It is one person’s reading, and sometimes it is wrong. You can read the statute yourself, point to the language, and ask someone with authority to take another look. Often, that is enough.

The information belongs to you. The law says so. Ask and you shall receive.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Madison resident Alex Saloutos is a native of Madison, a licensed real estate agent and publisher of the blog 77SquareMiles.com.

Your Right to Know: Anyone can lay down the law on open records 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.

Communities across Wisconsin are enduring a heatwave that’s breaking records across the nation and around the world. According to the National Weather Service, east central, south central and southeast Wisconsin are all under an extreme heat warning until 7 p.m. Wednesday, with the heat index nearing or exceeding 100 degrees Fahrenheit in Milwaukee, Kenosha, Madison and Green Bay. Local officials are highlighting access to cooling shelters and other emergency resources. 

In Kenosha, heat index could reach 107 degrees Fahrenheit, city officials warn. Residents should stay hydrated by drinking water, staying cool indoors and be aware of signs of heat stroke including confusion, dizziness, nausea or headaches. The Milwaukee Health Department offered similar warnings. 

A spokesperson for the  Milwaukee County Department of Health and Human Services said the county has a “No Wrong Door” model, which allows residents to connect with the department at many different health and human services agencies.  Local housing navigators are out in the community checking on people who are unhoused and offering them access to cooling sites, shelters and temporary housing. Residents can locate cooling sites by dialing 2-1-1 and many public cooling sites have been set up  along county transit routes. Residents who own properties they want to turn into a public cooling location should email IMPACT 211 at resourcechange@impactinc.org. 

The Department of Natural Resources has issued air quality alerts for the Kenosha, Milwaukee, Racine, Ozaukee, Racine and Sheboygan counties. Local health officials in Dane County and Madison noted that over 1,000 deaths from extreme heat occur each year in the United States. People who are  most at risk are older adults, people working outside, infants, children, unhoused people and those with chronic medical conditions.

Wisconsin state law prohibits a utility from disconnecting electrical service to occupied dwellings during a heat advisory, warning, or emergency situation, according to the Wisconsin Public Service Commission. 

Utilities are also required to make “reasonable attempts” to reconnect service to dwellings disconnected due to unpaid bills when an occupant notifies them that  there is a potential threat to health or life. However, the utility may require a licensed physician’s statement or a notice from a public health, social service or law enforcement official in those circumstances. When the  heat warning is over, the utility is allowed to disconnect the power again.

Scientists have long warned that worsening heatwaves and extreme weather are becoming more common due to man-made climate change. Green Bay is still recovering from severe floods that hit last week, damaging  roadways and businesses. In April, Milwaukee County, which has also experienced historic flooding in the last year, re-affirmed its commitment to the Paris Climate Accords, which called on the world to take necessary steps to prevent average global temperatures from increasing beyond 2 degrees Celsius above pre-industrial levels to avoid the worst consequences of climate change.

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Click here to read highlights from the story

• Employers must get your permission before they use a third-party company to run a background check. 
• Employers can use your credit history to make employment decisions, but experts say it’s important to know your rights. 
• If there’s false or inaccurate information on your credit report, notify the consumer reporting agency that generated the report. 
• Experts say you can protect yourself by checking your credit report annually and placing a freeze on your credit report to reduce the risk of identity theft.

When you apply for a job, you probably know that your potential employer will check your criminal record. But what about your credit history?

Employers in most states, including Wisconsin, are allowed to run background checks that show your debts, available credit and payment history. Wisconsin Watch asked experts what job seekers and employees should know about this process and their rights. 

We spoke to:

• Nick Raef, employment attorney at law firm Hawks Quindel. 
• Jeff Palkowski, state director of the Wisconsin State Council of the Society for Human Resources Management.
• Adriana Peguero, assistant city attorney for the city of Madison.

What kind of credit information can employers see?

Not all types of background reports show financial information. Those that do typically show your credit accounts, payment history, available credit, bankruptcies, liens and self-reported work history, NerdWallet reports.

The reports do not show your credit score, the three-digit number that lenders, landlords and insurers use to assess how creditworthy you are. They also don’t show your income, birth date, marital status or medical debts. 

Unlike when you apply for a credit card or a loan, this is a “soft inquiry,” meaning it won’t affect your credit score and it won’t be visible to other employers or lenders. 

Can an employer run a background check without my permission?

No. If employers want to use a third-party company to run a background check, they need written permission. That’s because of the Fair Credit Reporting Act, a 1970 federal law created to protect consumers from false information being included in their credit reports. The law requires that an employer provide “clear and conspicuous” notice in a stand-alone document. 

“That means that if they throw the language into the boilerplate of an application, or scribble it in the margins of the position description, or fail to get your consent before pulling the report, then they are in violation of the law,” Raef, the employment attorney, said in an email. The employer can run the background check only if the employee or job applicant signs the document.

If employers want to run a background check later, like if they’re considering you for a promotion, they have to get permission again.

“It’s not the case that if you’re hired by a company that five years later they can go back and use the same acceptance of disclosure from when you were hired,” Raef said.

Notably, the protections of the Fair Credit Reporting Act apply only when employers use another company to run the background check, not when employers use the Wisconsin Circuit Court Access Program (CCAP) or other tools to check a person’s history themselves.

Can an employer use my credit history to make employment decisions?

Yes, though additional restrictions apply in the city of Madison.

If employers see something in the report that makes them choose to take an “adverse action” about your employment (for example, fire, demote or simply not hire), they must give you a “pre-adverse action notice,” along with a copy of your background report, details about the Fair Credit Reporting Act and an explanation of your rights, including the right to dispute the accuracy of the report and get another free report within 60 days. 

“The notice must inform an individual that their decision was influenced by the report, but does not have to clarify what exactly within the report has led to the employer’s adverse decision,” Raef said. That, he said, can “leave individuals with little clarity as to the employer’s reasoning.” 

The employer must allow time for the employee or applicant to respond before sending a final notice indicating the action the employer took. 

Still, Raef said, employers might say they had other reasons for choosing a different candidate. 

“Employers have the leeway to base their decision on a multitude of factors,” Raef said. “Oftentimes it can be really hard to sort of draw out what exactly happened here, and that’s where an employment attorney can be really helpful.” 

In Madison, employers face stricter limits on how they can use credit history. That’s because credit history is one of the 30 characteristics denoted in the city’s equal opportunity ordinance, alongside homelessness, citizenship status, source of income and physical appearance. 

“We have a very large, expansive number of protected classes,” said Peguero, the assistant city attorney. 

Employers in Madison can make employment decisions based on credit history only if one of the following is true: 

• They can demonstrate that the person’s credit history is “substantially related” to the job.
• The job requires that the person be bonded and the person’s credit history makes them ineligible. Some jobs, especially ones that involve handling money, valuables or proprietary information, require that employees be covered by a fidelity bond that will reimburse the employer if the employee steals or commits fraud. (Note: The federal government operates a little-known alternative bonding program for people who might otherwise struggle to find work, including those with poor credit. You can learn more about that program here.)

The ordinance applies within the city, so it covers Madison employers. It’s less clear whether it would apply to the growing number of Madison residents who work remotely for employers based elsewhere, Peguero said.

“That analysis would have to be done by the hearing examiner, but it is possible it could extend to an employer that is outside of the city of Madison,” Peguero said.

Why do employers check credit? 

Employers may use credit history to assess how trustworthy or responsible a person is, Raef said. An employer may assume that an employee or applicant who has lots of debt, for example, may be more likely to commit fraud, embezzle funds or accept a bribe, especially if the person is in charge of company funds. 

But Raef questions whether credit reports are useful in most employment decisions. “There’s not clear evidence that credit history is an indicator of an employee’s capacity to perform well in their job,” Raef said, pointing to a 2012 study that found no correlation.

“Someone might have poor credit on paper because of a domestic abuse situation in their home, or because they were born into really unfortunate circumstances that don’t reflect on their ability to be a great employee,” Raef said.

He worries that credit checks will create a “toxic loop” where the people who most need jobs can’t get them, which only makes their financial situation worse.  

“I can see the employer’s side where there are limited and specific circumstances where these checks make sense, but as a broad application, I think that it leads to a lot of unfair employment practices and probably exacerbates existing biases that are systemic within our society,” Raef said. 

A 2023 report by the Urban Institute, a national think tank focused on economic and social policy, echoes those concerns. 

“Research suggests that workers with low wages are among those harmed by preemployment credit checks, in part because workers with low incomes are the most likely to have imperfect credit records,” the authors write, though they note there’s limited data on low-wage workers specifically.

How common is it for employers to run credit checks?

About half of U.S. employers conduct credit checks when hiring for at least some of their positions, according to a 2021 survey by the Professional Background Screening Association.   

Jeff Palkowski leads the Wisconsin State Council of the Society for Human Resources Management. He has worked in human resources in Wisconsin for more than 20 years, mostly in the public sector in Madison. The closest he’s come to an employment credit check was when a friend applied to work at the FBI. 

“Anecdotally, I have heard of instances where a credit check may be part of the pre-employment process, but only in rare cases … Personally, I have never filled a role that had a pre-employment credit check as part of the recruitment process,” he said. 

Do all states allow employers to do credit checks?

No. As of 2023, 11 states had restricted the practice, according to the Urban Institute. Wisconsin has no state law restricting these checks.

What can I do if I think my credit report is wrong or if I think an employer used my credit history illegally?

If you believe there is a mistake on your credit report, you can dispute it by contacting the consumer reporting agency whose report showed the mistake. The agency must investigate. 

“If they can’t verify the accuracy of the information, then they have to remove it,” Raef said.

If you believe an employer used your credit history inappropriately, Raef recommends contacting an employment lawyer. 

“If they fail to notify you of a negative decision based on a report, or if they refuse to identify the source of the information that they obtained about you, or if they fail to get your permission at all, then you might be entitled to recover damages,” Raef said. 

If you or the employer is located in Madison, you can also file a complaint with the city of Madison’s Department of Civil Rights, which investigates alleged violations of the city’s equal opportunity ordinance. You must file the complaint within 300 days of the incident. 

Complaints are far less common than allegations of other kinds of employment discrimination, Peguero said. Of the 805 employment complaints submitted to the office between 2020 and 2025, just eight mentioned credit history.

How can I protect myself?

There are proactive steps you can take now to reduce the chance that a credit check will cause you unnecessary trouble.

 “You shouldn’t wait until you have signed something allowing your employer to look into this,” Raef said. 

He recommends the following actions:

• Request your own credit report to check for errors. You can do this for free once a year at www.annualcreditreport.com. If you find a mistake, report it. 

• Place a freeze on your credit report to reduce the risk of identity theft, which can damage your credit. A credit freeze blocks anyone from opening a new credit account in your name. You can place a freeze for free online, but you’ll need to do it separately for each of the three nationwide credit reporting agencies: Equifax, Experian and TransUnion. You’ll need to lift the freeze any time you want to apply for credit. “It’s kind of a pain … but it’s worthwhile to do with the amount of pain that it could cause if not done,” Raef said.

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

Can Wisconsin employers check your credit? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

The former Madison deputy clerk who claimed responsibility for the 23 late-arriving ballots in the Wisconsin Supreme Court election has been reassigned within the clerk’s office to non-election tasks.

Jim Verbick — the election office’s former second-in-command who was previously scrutinized and sued for the clerk’s office losing 200 ballots in the 2024 election — admitted to losing track of the absentee ballots that didn’t end up arriving at several polling places until after 8 p.m. on Election Day in April, according to public records obtained by Votebeat.

He told Votebeat that he’s only partially to blame, that understaffing and a lack of communication led to the mistake and that it’s unfair that he got reassigned away from elections. Verbick is now the city clerk’s office’s lead worker for licensing.

“I do admit that I had forgotten about the ballots I secured when I left the post office,” he said, adding that he said the error was exacerbated by unexpected absences and mistakes made by others.

The issue went to court after the Wisconsin Elections Commission ordered Madison not to count the ballots because they arrived after the 8 p.m. deadline in Wisconsin law. A court reversed the commission’s decision, and the ballots were counted in the final canvass.

Verbick’s reassignment was part of a set of personnel changes designed to improve how the clerk’s office manages “the many logistical tasks of administering elections,” Madison Clerk Lydia McComas said in a statement. The city is also hiring two new deputy clerks and a lead employee for absentee voting. But this move doesn’t amount to a net gain of three election positions because one election staff member recently left the office and Verbick was reassigned.

Madison officials said after the election that the clerk’s office — not voters — was responsible for the ballots’ late arrival. Election officials had received and sorted the ballots in time to be delivered: They arrived on the Monday before Election Day and were sorted that same evening, then put on a shelf to be delivered in the afternoon of the following day, records show.

Emails, spreadsheets and Microsoft Teams messages obtained by Votebeat show that Verbick was in charge of absentee ballots and accepted some blame for their late arrival.

Around 4 p.m., Verbick sent a message on Microsoft Teams that he realized he sent out officials to deliver ballots that afternoon without the batch of absentee ballots including the 23 votes that would end up arriving late, former clerk’s office staff member Bonnie Chang said in an email to McComas.

Per that same email, Chang said that about an hour later, she scanned a spreadsheet that showed polling sites were still missing absentee ballots. She then contacted Verbick to find out how many ballots were in the late-discovered bin and whether he needed help delivering them. She wrote that he wouldn’t say how many ballots were found or whether more staff were needed to deliver ballots.

At around 6 p.m., Chang said, the clerk’s office sent additional staff to help deliver the ballots as early as possible. She said most got reassigned to other tasks.

By the time that additional help arrived, Verbick told Votebeat, the ballots had already been sent out for delivery. He said he didn’t think the couriers who were already dispatched to deliver the ballots would have trouble delivering them on-time.

In hindsight, Verbick said, he would have used those additional staff to lighten their load. But he also said he could have planned for the additional staff better had anybody told them that they were en route to help him out.

That night, Verbick sent an email to McComas taking blame for not putting the batch containing the 23 ballots on the planned afternoon drop-offs to polling places.

“Missing the bin of envelopes with the initial afternoon route is my fault,” he emailed McComas at about 10:45 p.m. on Election Day. “I had all of them reviewed this morning and ready to be run with the mail delivery.”

Verbick told Votebeat he forgot about the ballots because election workers in the clerk’s office hadn’t told him about a planned USPS delivery around noon that Tuesday. Believing the delivery had not happened, he went to the post office to investigate.

Before leaving, he said, he moved the batch of ballots that later arrived late into a secure area because there were no other full-time clerk’s office staffers available to watch them while he was gone. It was there that he forgot the ballots.

The error, Verbick told Votebeat, reflected chronic understaffing in the clerk’s office — a problem exacerbated by the increase in absentee voting since the 2020 election.

In an email to McComas, Verbick said he didn’t get additional staff that he thought would help process ballots and that he didn’t intentionally ignore messages from office staff.

Relying on hourly and temporary workers to fill those gaps is not enough, he told Votebeat.

In an email to Madison Mayor Satya Rhodes-Conway sent the night of the incident, McComas said that she would “firmly address the lack of communication” and would have more staff in August and November, including the new deputy to oversee absentee ballots.

Wisconsin Elections Commission chair Ann Jacobs called the latest error “absurd” at a commission meeting in late April. The commission voted to investigate Madison over the error, meaning the agency’s first two authorized investigations in its history both center on Madison: one for the 2024 ballot snafu and one for the latest one.

Ultimately, the votes affected by this year’s error were counted. Officials said these 23 ballots were correctly, legally cast, counted and checked into the pollbooks just like any other valid absentee ballots — the only problem was that they were delivered and counted after polls formally closed. The Wisconsin Elections Commission voted that the city and county erred in counting the ballots since state law held that ballots must be delivered to polling places “no later than 8 p.m. on election day.”

A Dane County judge, however, reversed that order, ruling that the ballots should be counted because they were properly cast, and precedent held that voters shouldn’t be disenfranchised because of clerk errors.

Verbick scrutinized for 2024 election snafu

This was the second time in about two years that Verbick has faced scrutiny over allegations that he failed to act decisively when absentee ballots were at risk of being left uncounted.

The Wisconsin Elections Commission previously scrutinized Verbick for his inaction after the 2024 presidential election, when nearly 200 voters were disenfranchised.

When Maribeth Witzel-Behl, the clerk at the time, was on vacation after the election, Verbick was in charge of the office, Witzel-Behl told the commission in a deposition.

Verbick, on the other hand, “testified that he is generally in charge when Clerk Witzel-Behl is not in the office, but that he is ‘not always the point person on everything in the office’” and wasn’t sure who the point person would have been, according to the commission investigation.

The commission stated that Verbick’s involvement was “minimal” by his own account and that nobody took responsibility for those ballots: “It was always someone else’s job.”

After learning about the ballots, the commission stated, Verbick “did not instruct anyone to determine how to get the ballots counted.”

Verbick was sued in his personal capacity for his role in the error and declined to comment about the 2024 snafu. The case is ongoing, and the plaintiffs are demanding financial damages for being disenfranchised.

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.

Former Madison deputy clerk removed from election tasks after misplacing 23 Supreme Court race ballots 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 had a curfew for at least a decade before repealing it in March 2023, though it’s reentering public discussion after large fights.

Until three years ago, Madison ordinances barred youth under age 17 from streets between 11 p.m. and 4 a.m. on school nights and 12 a.m. to 5 a.m. on weekend nights. Exceptions included going to and from work and school activities.

The Madison City Council voted 13-5 to repeal the ordinance. At the time, the Madison Police Department had issued just three tickets for curfew violations across several years and said teens usually went home when told about the curfew.

But police are again considering options like a curfew or age restrictions following large fights on State Street after the annual Mifflin Street Block Party. Police recovered two guns after breaking up the fights.

This fact brief is responsive to conversations such as this one.

Sources

• City of Madison Ordinances: Section 23.11
• City of Madison Legistar: Repeal Curfew for Juveniles
• Fox 47: Parents vocal online about Madison Common Council's decision to remove curfew for teens
• Channel 3000: Madison police discussing ways to curb teen fights
• Milwaukee Journal Sentinel: Six guns recovered, dozens arrested after Mifflin Street Block Party

Did Madison have a curfew for juveniles until 2023? 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 is facing criticism from local officials and a lawsuit filed Wednesday after it ordered Madison not to count 23 absentee ballots that arrived late to the polls in the state’s recent Supreme Court race, a delay city officials say was caused by election administrator error. City officials also say the commission initially offered little guidance but later faulted them for making the wrong decision.

As Madison officials discussed what to do with the late-arriving ballots the day after Election Day, Madison City Attorney Mike Haas reached out to Wisconsin Elections Commission Administrator Meagan Wolfe for advice. Wolfe sent the relevant statute the following day and told Madison officials to “decide, within their statutory discretion” whether the 23 ballots should be counted. Madison decided to count them.

Three weeks later, WEC’s commissioners decided Madison made the wrong choice, ordering them to remove the 23 affected ballots from the count. The commissioners didn’t mince words. Chair Ann Jacobs, a Democrat, said Madison committed an “absurd error,” and GOP commissioner Don Millis called it an “epic failure.”

The dispute has exposed a breakdown between state and local election officials with consequences beyond the 23 ballots at issue. Madison officials say they followed guidance from the commission when they chose to count the votes, only to be publicly rebuked and overruled weeks later. Now, a lawsuit argues that not counting the votes would disenfranchise voters whose ballots were delayed by election officials — and local clerks warn the episode could make them less likely to act decisively when problems arise in future elections.

Dane County Clerk Scott McDonell, a Democrat, said the turnaround from the commission was puzzling and could demoralize clerks.

“Why would anybody ask WEC for an opinion about how to handle a situation?” he said. “Here they are attacking clerks for having to make a decision because they couldn’t get advice.”

Wolfe said that the agency was limited in how much advice it can provide for local election officials, but said the commission remains “dedicated to supporting their efforts within the scope of our administrative role.”

Lawsuit alleges removing the 23 votes would be unconstitutional 

The liberal law firm Law Forward’s lawsuit in Dane County Circuit Court alleges that the commission illegally ordered Madison not to count 23 absentee ballots that arrived at the polls after 8 p.m. 

The group says the two voters it’s representing — Margaret and Robert Honig — along with the other voters, would be unconstitutionally disenfranchised “through no fault of their own” and asks the court to strike down the WEC order not to count the ballots. 

The lawsuit references several past rulings in the state as establishing a precedent that voters can’t be deprived of their constitutional voting rights due to election officials’ errors.

This is the second recent Law Forward lawsuit involving Madison’s failure to count ballots due to administrative error. The legal group sued the city for disenfranchising 193 voters in the 2024 presidential election for a separate series of failures. 

It remains unclear why there was such a delay between the ballots’ arrival at the elections office and their delivery to the precincts for counting. State law requires they be “delivered to the polling place no later than 8 p.m.” in order to be tallied. 

Dane County authorized a separate lawsuit on Tuesday, and then filed it Wednesday early evening, as county election officials said they want clarity in the future on whether late-arriving ballots can count if they were only delayed because of election official error.

That same day, Madison complied with WEC’s demand to remove the ballots from the count, but instead of removing the specific ballots at issue, the city selected 20 ballots at random and removed those. Called a “drawdown,” the controversial practice was necessary because poll workers apparently failed to follow Madison Clerk Lydia McComas’ instructions to clearly mark the late-arriving ballots so they could be identified if necessary. Only three were appropriately marked. 

Officials criticize the election commission for lack of direction 

Local election officials say the Wisconsin Elections Commission has become less willing to provide clear guidance in difficult situations — a practice that commissioners and staff say reflects the limits of the agency’s role.

Haas, the Madison city attorney, has firsthand experience on the commission: He preceded Wolfe as the commission’s administrator. Her initial response to the city’s request for advice on how to handle the late-arriving ballots — which provided little direction — was in line with the commission’s tendency in recent years to “intentionally avoid giving definitive responses to specific questions,” Haas wrote in a May 6 letter to the commission obtained by Votebeat.

“This has caused local clerks and their legal counsel to feel frustrated that the WEC is abdicating its responsibility under the Statutes to administer the election laws and provide guidance and advice to local election officials,” he continued.

Haas also questioned why Wolfe’s response and the commissioners’ eventual order were so out of step with one another. The city relied on Wolfe’s initial guidance, Haas said, only to have the commission “contradict its Administrator without even an acknowledgment of her guidance.”

That dynamic, he added, discourages local election officials from being transparent with the agency and damages the commission’s credibility.

He also said that the commissioners were contradicting themselves. In its investigation into the 193 ballots that went missing in Madison until several days after the November 2024 election, the commission concluded that the missing ballots never arrived at the polling places but still could have been counted. 

Haas said it was “difficult to sustain” the commission’s conclusions that “a municipality should count ballots that are discovered in the Clerk’s Office days after the election but not ballots that were delivered minutes after the 8:00 p.m. deadline.”

To McDonell, the Democratic Dane County clerk, the commission’s “real reticence to give advice” is undermining election officials’ trust in the state election agency.

McDonell said that in the past he used to get specific advice from the commission, but now “we get a game of ‘gotcha’ instead.”

In a statement, Wolfe told Votebeat that the commission provides guidance to clerks when the issues are clear. But when state law is ambiguous or unprecedented situations arise, she said, “it’s been our long-established policy to direct clerks to their respective legal counsel for interpretation.”

The Wisconsin Elections Commission has six commissioners, three Democrats and three Republicans. Decisions must be made by a majority of the commission, needing at minimum a 4-2 vote. Although Wolfe — whose role as administrator is nonpartisan — is often referred to as Wisconsin’s top election official, she does not have a vote.

Wolfe added that the commission can exercise its authority to issue determinations on election matters and that it’s her role to adhere to those directives, “even when I don’t always agree with those decisions.”

Jacobs, the commission chair, said the commission provides clerks plenty of help, from designing election manuals and creating administrative rules to adjudicating administrative complaints. 

“We are doing everything we can to provide guidance to clerks on how to do things right,” she said. “We are not their 1-800-GET-HELP number for individual clerks’ every single legal need.”

One of the other reasons the commission can’t provide specific legal advice, Jacobs said, is that the commission acts as a judicial body that could ultimately evaluate whether election officials comply with the law.

“If you’ve got a court case, a personal injury lawsuit on a car accident, you don’t get to call the judge up and say, ‘Hey, am I doing this right?’” she said. “It cannot be our job to do their jobs for them.”

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

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

Wisconsin Elections Commission faces lawsuit, criticism over order not to count late-arriving Madison ballots 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 on Thursday overruled controversial ballot-counting decisions in Mequon and Madison, ordering the cities to revise final tallies in their Wisconsin Supreme Court election results.

Madison counted 23 late-arriving ballots that the commission voted should not have been included, while Mequon threw out five ballots the commission said should have been counted. The commission voted 6-0 to investigate both city clerks’ offices and ordered changes to the counts — voting 5-1 to require Madison and Dane County to exclude the 23 ballots and 6-0 to require Mequon and Ozaukee County to count the five.

The deadline for the state to certify the election is May 15, but some commissioners acknowledged the likelihood that lawsuits over the decisions could come before then.

In 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.

There was some debate ahead of the Madison vote because Commission Chair Ann Jacobs and Commissioner Mark Thomsen, both Democrats, said they felt uncomfortable disenfranchising the 23 voters. But Jacobs said she was following the law in ordering Madison to redo its count, adding that she hoped “those voters will perhaps appeal this decision.” 

“We’re going to disenfranchise 23 people,” said Thomsen, the lone no vote. “I don’t think the law requires us to do that.”

Voting in favor, Don Millis, a Republican commissioner, said the commission is bound by state law not to count those ballots.

“There has to be some accountability,” he added, “for the failure to get these ballots to the polling places in a timely manner.”

Dane County Clerk Scott McDonell, a Democrat, told Votebeat that he’s considering suing over the agency’s order. McDonell previously voted to count the late-arriving ballots during the county’s canvass.

“It’s disappointing that the Wisconsin Election Commission’s directive is to reject ballots that were properly cast by voters,” Madison Clerk Lydia McComas said in a statement.

This marks the second significant error from the Madison clerk’s office in recent elections. In 2024, officials didn’t count 193 ballots that arrived at the city well ahead of Election Day, leading to investigations and a lawsuit.

Mequon redo comes amid confusion over clerk’s standard

The decision to investigate Mequon came after City Clerk Caroline Fochs decided not to count five ballots under an unusually strict standard for the witness address field on absentee ballot envelopes. Commissioners and staff found that decision to be an abuse of discretion.

For years, Fochs has used a standard contrary to the commission’s guidance, which is to consider a witness address valid if it includes a street name, number and municipality.

Instead, if a witness lists a municipality that shares a name with another elsewhere in the country and does not include a ZIP code or state — even though the absentee envelope doesn’t call for them — Fochs told Votebeat she does not count the ballot. If the municipality name is unique, she will count it without a ZIP code or state. 

In this latest election, those municipalities were Baltimore, Fox Point, Verona and Houston.

“The idea that someone would Google to find out whether or not there’s multiple Veronas in the United States, but not Google the witness’s address to confirm where they were located just strikes me as an odd choice, and contrary to the applicable law,” Jacobs said.

A Votebeat review of Mequon ballots rejected since 2024 found that Fochs in some cases appeared to have misapplied her own standard — rejecting ballots from municipalities that didn’t share a name with any other city, like Chicago and Fox Point.

Referencing Votebeat’s reporting, Jacobs said those people’s votes “were not counted for any good reason.”

Fochs and her city attorney have defended the city’s standard as a proper use of discretion despite coming under fire for it. Fochs didn’t immediately respond to a request for comment.

Speaking with Votebeat after the votes, Millis said that although mistakes happen from time to time, clerks need to understand that there can be consequences for errors “if you don’t follow the law and take reasonable efforts to make sure that all ballots are counted.”

Pointing out that he was a Republican commissioner, Millis said he also has a partisan interest in making sure votes in Mequon, a traditionally GOP city, are counted.

“We shouldn’t be doing things to make it difficult for anyone to vote, but here, from just even a partisan standpoint, on average, it’s hurting Republicans more than Democrats.”

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

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

Wisconsin Elections Commission overrules ballot-counting decisions in Madison and Mequon 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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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.