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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.

The Atwood Music Hall in Madison was packed Wednesday afternoon, as community members said goodbye to Stuart Dymzarov, the founding principal of Malcolm Shabazz City High School and, for many, many people, a beloved mentor and friend.

Colleagues and former students at Shabazz, the alternative school launched in 1971 with a grant from the Ford Foundation, remembered Stuart’s fierce advocacy for his vision of an open-minded, flexible school. “Education by any means necessary,” was his riff on the famous slogan of the school’s namesake, Malcolm X.

Hearing the eulogies for Stuart, a big bear of a man with a wild beard, radical politics and a radiant warmth, brought back the optimism and high spirits of a generation of Madisonians who protested the war in Vietnam, rejected careerist striving and established their own little cooperative communities in the idealistic belief that they were on the cusp of changing the world for the better. 

One of those starry-eyed idealists was my mother, Dorothy Conniff, who lived in a collective household with Stuart and a dozen other young radicals on Spaight Street on Madison’s East Side. She was in her 20s then and I was just a toddler. “We supported each other’s projects and ideals and had intense discussions about how to change the world,” my mom wrote in the online guest book for Stuart’s memorial. I remember a single check she kept in a scrapbook from the joint household account of those days, with 14 names in the upper lefthand corner — a testament to the trust and cooperation in that happy group. 

Like a lot of young people in the heady 1960s and 1970s in Madison, my mom, Stuart and their whole cohort felt progress over injustice and violence was underway and the world would soon be a brighter place.  “We were optimistic because the antiwar movement had forced Lyndon Johnson out of office,” my mom told me. A lot of former Madison radicals were in the white-haired crowd at the memorial service, including former Mayor Paul Soglin, former Alderman Billy Feitlinger and Jeff Feinblatt, one of the Shabazz teachers who, inspired by Stuart, nurtured and inspired a new generation of young people.

I remember Stuart as a big, benign presence in striped overalls, hoisting the kids in the Spaight Street household on his shoulders and rumbling around the house. Later he became a devoted father to his own three children with his wife of 50 years, Marsha (the two combined their last names, Dym and Zarov) and a beloved uncle, grandfather and father figure to hundreds of Shabazz students. 

Stuart’s nephew Miles Kietzer gave a touching tribute to the uncle who used to pick him up along with his sister after school and take them wherever they wanted to go, buying them treats and letting them fritter away his money on plastic trinkets with an easy-going smile.

Stuart’s brother Harvey described how Stuart would spend endless hours hanging out and having conversations with people, and when Harvey quizzed him on what they had said and what he had learned, he shrugged it off. “I like experiencing people,” he told Harvey. That acceptance and enjoyment of people with no particular goal in mind was classic Stuart.

Stuart was always willing to give people rides, day and night, including, according to one of his younger relatives, on a memorable night when he called Stuart from a biker bar where he was having a drug-induced attack of paranoia. Stuart drove across town in the middle of the night, appeared in the doorway of the bar, a looming presence in a khaki jacket and driving cap, wrapped his younger relative in a hug and took him home.

The feeling of safety and love he gave people is the strongest, lasting impression Stuart left.

He was a fighter — against the “fascist” politics he despised in the U.S. government, even before the current era, and on behalf of people he felt were not given a fair shake. His friends remember his ferociousness on the basketball court, his relentlessness in political arguments, and his tireless, aggressive advocacy at school board meetings and the superintendent’s office on behalf of the staff and students at Shabazz.

But mostly, Stuart made people feel cared for, appreciated, heard. It seems to me that quality is exactly what we need right now, to counter the epic cruelty, hatred and greed that is engulfing our nation and the world.

The sunny optimism of the 1960s counterculture seems far away today. But Stuart’s legacy lives on, not just at the still-thriving alternative high school he founded (where the family encourages people to make a donation to the scholarship program in his name), but also in the light he brought into the world by really seeing other people, accepting and loving them. Experiencing that quality in Stuart in small ways, one on one, is what made such a difference for people. More than any grand political program or analysis, it is a powerful antidote to despair. 

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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.

The voting rights-focused firm Law Forward filed a lawsuit against the Wisconsin Elections Commission Wednesday over the commission’s decision to throw out the spring election votes of 23 Madison voters whose absentee ballots were properly filled out and filed in time, yet were delivered by the city clerk’s office to poll sites after 8 p.m. on Election Day. 

The six-member commission voted last week to order the Dane County Board of Canvass not to count the votes in its certification of the election results because the ballots were delivered minutes after the polls closed April 7. State law allows absentee ballots to be returned until polls close. Ballots can be returned through the mail, to absentee ballot drop boxes located around Madison, to the city clerk’s office or directly to the voter’s polling location. 

The lawsuit, filed in Dane County Circuit Court, argues WEC’s application of the law is unconstitutional because the voters followed all the rules and their ballots were late through “no fault of their own.” 

Madison’s election administration has generated negative headlines several times in the last few years after the city clerk’s office misplaced and failed to count nearly 200 absentee ballots during the 2024 presidential election. The clerk in charge during that election no longer works for the city and the commission has instituted a number of requirements on city election officials to prevent similar errors from happening again. 

Law Forward President Jeff Mandell said in a statement that in this case, WEC is overreaching. He pointed to a long history of Wisconsin court precedent that states voters can’t be disenfranchised over administrative failures of election officials. 

“These voters did everything Wisconsin law asked of them, and the city and county properly counted their ballots,” Mandell said. “Their votes were cast, received, and counted on Election Day. WEC is now trying to erase them from the record because of a clerical error these voters had absolutely no control over. Failing to count these absentee votes will only erode trust in our elections and jeopardize access to voting in future elections. It’s critical that the court take urgent action to ensure these votes are counted.”

No local or state election results will be changed by the 23 votes. The lawsuit must move quickly because state law requires that the results of the state’s April 7 election must be certified by May 15.

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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.

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Madison poll workers on Election Day counted 23 absentee ballots that arrived at four polling places after 8 p.m. Tuesday, despite a state law requiring that absentee ballots be “delivered to the polling place no later than 8 p.m.” in order to be tallied.  

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

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

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

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

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

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

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

Ballots left the city late and got to polls after deadline

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

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

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

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

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

Other municipalities have counted ballots discovered late

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

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

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

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

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

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

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

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

Can Madison count some ballots delivered after an 8 p.m. deadline? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Months before becoming one of the nearly 200 Madison voters in 2024 whose absentee ballots were never counted, Nathan Haimowitz did what he thought he was supposed to do.

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

It wasn’t. 

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

Haimowitz hasn’t cast a ballot since.

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

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

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

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

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

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

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

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

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

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

Disenfranchised voters question city follow-up 

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

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

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

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

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

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

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

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

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

Some disenfranchised voters find lawsuit bewildering

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“It was something that made me think it’s clearly not that easy to vote,” he said.

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

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

Disenfranchised Madison voters sound off on city, lawsuit is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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

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

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

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

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

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

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

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

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

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

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

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

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

Finding an alternative to payday loans

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

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

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

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

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

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

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

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

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

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

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

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

An example to others

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

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

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

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

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

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

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

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

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

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

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

Madison microloan program inspires Appleton organization is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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

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

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

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

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

Madison asks court to revisit landmark voting case

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

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

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

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

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

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

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

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

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

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

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

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

Madison appeals ruling allowing lawsuits in 2024 ballot-counting case is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.