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Wisconsin clerk who failed to count November votes violated multiple policies, investigators say
Wisconsin clerk who failed to count November votes violated multiple policies, investigators say

Winnipeg Free Press

time29-04-2025

  • Politics
  • Winnipeg Free Press

Wisconsin clerk who failed to count November votes violated multiple policies, investigators say

MADISON, Wis. (AP) — The former clerk who somehow failed to count nearly 200 ballots in Wisconsin's capital city didn't break any laws but did violate multiple policies and her contractual duty to supervise elections and maintain professional standards, the results of a city-led investigation released Tuesday show. Madison City Clerk Maribeth Witzel-Behl resigned earlier this month amid city and state investigations into her conduct during the November elections. She hasn't spoken publicly about the uncounted ballots since they came to light in January, and it is unclear if she has hired an attorney. A possible telephone listing for her has been disconnected. She did not immediately respond to a Facebook message from The Associated Press on Tuesday seeking comment on the city findings. According to the investigation, Dane County canvassers discovered 68 uncounted absentee ballots in a tabulator bin on Nov. 12, a week after the election, and another 125 uncounted ballots in a courier bag the first week of December. The investigation did not shed any light on how the ballots were missed, saying the mistake appears to have been 'primarily a process and training failure that could have been avoided' by keeping logs of courier bags and sealed envelopes at the polling place and training poll workers on the types of courier bags used to transport absentee ballots. Witzel-Behl's office still had opportunities to count the ballots after they were discovered but never did, the investigation concluded. The office didn't notify the Wisconsin Elections Commission of the oversight until Dec. 18, almost a month and a half after the election and well after results were certified on Nov. 29. Witzel-Behl told investigators that she told two staff members to contact the commission on Nov. 12. But the staffers said she never directed them to do that. A staffer whose name was redacted from the investigative summary said that he tried to inform the Dane County Clerk's office in-person on Nov. 13 but that office had no evidence that anyone presented the issue. Witzel-Behl told investigators she wasn't aware of any uncounted votes until the week of Dec. 10, even though she apparently sent an email to her staff on Nov. 27 to keep the ballots sealed and record the voters as having participated. She said that her deputy clerk told her there were uncounted ballots during the week of Dec. 10. The deputy told investigators no such conversation took place. The investigation concluded that Witzel-Behl failed to demonstrate care and efficiency in the performance of her duties, prepare her office to deal with significant election administration issues, provide clear direction on handling uncounted ballots and maintain processes that allow every legal vote to count. Her failure to directly notify the county clerk, the state elections commission, the city attorney and the mayor's office amounted to violations of polices requiring employees to work efficiently and barring them from preventing others from carrying out their duties, the investigation concluded. The uncounted votes would not have made a difference in any race or referendums question, but the investigators still called the oversight 'an unprecedented failure of the election process.' Four voters whose ballots weren't counted have filed claims for $175,000 each, the first step toward a class-action lawsuit. The state elections commission's investigation continues. Commission leaders announced earlier this month that they had deposed Witzel-Behl and planned to question more city workers.

Wisconsin clerk who failed to count November votes violated multiple policies, investigators say
Wisconsin clerk who failed to count November votes violated multiple policies, investigators say

Associated Press

time29-04-2025

  • Politics
  • Associated Press

Wisconsin clerk who failed to count November votes violated multiple policies, investigators say

MADISON, Wis. (AP) — The former clerk who somehow failed to count nearly 200 ballots in Wisconsin's capital city didn't break any laws but did violate multiple policies and her contractual duty to supervise elections and maintain professional standards, the results of a city-led investigation released Tuesday show. Madison City Clerk Maribeth Witzel-Behl resigned earlier this month amid city and state investigations into her conduct during the November elections. She hasn't spoken publicly about the uncounted ballots since they came to light in January, and it is unclear if she has hired an attorney. A possible telephone listing for her has been disconnected. She did not immediately respond to a Facebook message from The Associated Press on Tuesday seeking comment on the city findings. According to the investigation, Dane County canvassers discovered 68 uncounted absentee ballots in a tabulator bin on Nov. 12, a week after the election, and another 125 uncounted ballots in a courier bag the first week of December. The investigation did not shed any light on how the ballots were missed, saying the mistake appears to have been 'primarily a process and training failure that could have been avoided' by keeping logs of courier bags and sealed envelopes at the polling place and training poll workers on the types of courier bags used to transport absentee ballots. Witzel-Behl's office still had opportunities to count the ballots after they were discovered but never did, the investigation concluded. The office didn't notify the Wisconsin Elections Commission of the oversight until Dec. 18, almost a month and a half after the election and well after results were certified on Nov. 29. Witzel-Behl told investigators that she told two staff members to contact the commission on Nov. 12. But the staffers said she never directed them to do that. A staffer whose name was redacted from the investigative summary said that he tried to inform the Dane County Clerk's office in-person on Nov. 13 but that office had no evidence that anyone presented the issue. Witzel-Behl told investigators she wasn't aware of any uncounted votes until the week of Dec. 10, even though she apparently sent an email to her staff on Nov. 27 to keep the ballots sealed and record the voters as having participated. She said that her deputy clerk told her there were uncounted ballots during the week of Dec. 10. The deputy told investigators no such conversation took place. The investigation concluded that Witzel-Behl failed to demonstrate care and efficiency in the performance of her duties, prepare her office to deal with significant election administration issues, provide clear direction on handling uncounted ballots and maintain processes that allow every legal vote to count. Her failure to directly notify the county clerk, the state elections commission, the city attorney and the mayor's office amounted to violations of polices requiring employees to work efficiently and barring them from preventing others from carrying out their duties, the investigation concluded. The uncounted votes would not have made a difference in any race or referendums question, but the investigators still called the oversight 'an unprecedented failure of the election process.' Four voters whose ballots weren't counted have filed claims for $175,000 each, the first step toward a class-action lawsuit. The state elections commission's investigation continues. Commission leaders announced earlier this month that they had deposed Witzel-Behl and planned to question more city workers.

Wisconsin voters whose ballots were not counted in 2024 election file for $175K each in damages
Wisconsin voters whose ballots were not counted in 2024 election file for $175K each in damages

CBS News

time06-03-2025

  • Politics
  • CBS News

Wisconsin voters whose ballots were not counted in 2024 election file for $175K each in damages

Four Wisconsin voters whose ballots were not counted in the November presidential election initiated a class-action lawsuit Thursday seeking $175,000 in damages each. The voters were among 193 in Madison whose ballots were misplaced by the city clerk and not discovered until weeks after the election. Not counting the ballots didn't affect the result of any races. The Wisconsin Elections Commission investigated but did not determine whether Madison Clerk Maribeth Witzel-Behl failed to comply with state law or abused her discretion. She didn't notify the elections commission of the problem until December, almost a month and a half after the election and after the results were certified on Nov. 29. The goal is to reinforce and strengthen the right to vote in Wisconsin, said attorney Jeff Mandell, who is general counsel of Law Forward, which filed claims against the city of Madison and Dane County on Thursday. "When people's votes are not counted, when the right to vote is violated, our democracy is diminished," Mandell said during a news conference announcing the action. The four affected voters are seeking $175,000 each from the city of Madison and Dane County. That is above the $50,000 maximum that can be sought in class-action lawsuits against municipalities. The lawsuit will argue that the cap is unconstitutional, the notice of claim said. The number of affected voters who could join the lawsuit might grow, Mandell said. All of the voters whose ballots were not counted are named in the notice made public Thursday. Madison takes election integrity seriously, the city's spokesperson, Dylan Brogan, said in reaction. He noted that the clerk's office apologized for the error both publicly and to each affected voter. The clerk's office has also taken steps to ensure that such a mistake won't happen again and looked forward to additional guidance from the state elections commission, Brogan said. He declined to comment specifically on the lawsuit. The state elections commission is scheduled to discuss its investigation into the uncounted ballots on Friday. According to a summary of its findings, the clerk didn't explain what exactly happened at the polling places, how the uncounted ballots went unnoticed all day on Election Day or how they were misplaced. She also hasn't said whether she spoke to the chief inspectors in the affected wards to find out what happened, making it difficult to develop guidelines to help elections clerks throughout the state avoid similar issues, investigators said.

Wisconsin voters whose ballots were not counted in November election seek damages
Wisconsin voters whose ballots were not counted in November election seek damages

Yahoo

time06-03-2025

  • Politics
  • Yahoo

Wisconsin voters whose ballots were not counted in November election seek damages

MADISON, Wis. (AP) — Four Wisconsin voters whose ballots were not counted in the November presidential election initiated a class-action lawsuit Thursday seeking $175,000 in damages each. The voters were among 193 in Madison whose ballots were misplaced by the city clerk and not discovered until weeks after the election. Not counting the ballots didn't affect the result of any races. The Wisconsin Elections Commission investigated but did not determine whether Madison Clerk Maribeth Witzel-Behl failed to comply with state law or abused her discretion. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. She didn't notify the elections commission of the problem until December, almost a month and a half after the election and after the results were certified on Nov. 29. The goal is to reinforce and strengthen the right to vote in Wisconsin, said attorney Jeff Mandell, who is general counsel of Law Forward, which filed claims against the city of Madison and Dane County on Thursday. 'When people's votes are not counted, when the right to vote is violated, our democracy is diminished,' Mandell said during a news conference announcing the action. The four affected voters are seeking $175,000 each from the city of Madison and Dane County. That is above the $50,000 maximum that can be sought in class-action lawsuits against municipalities. The lawsuit will argue that the cap is unconstitutional, the notice of claim said. The number of affected voters who could join the lawsuit might grow, Mandell said. All of the voters whose ballots were not counted are named in the notice made public Thursday. Madison takes election integrity seriously, the city's spokesperson, Dylan Brogan, said in reaction. He noted that the clerk's office apologized for the error both publicly and to each affected voter. The clerk's office has also taken steps to ensure the such a mistake won't happen again and looked forward to additional guidance from the state elections commission, Brogan said. He declined to comment specifically on the lawsuit. The state elections commission is scheduled to discuss its investigation into the uncounted ballots on Friday. According to a summary of its findings, the clerk didn't explain what exactly happened at the polling places, how the uncounted ballots went unnoticed all day on Election Day or how they were misplaced. She also hasn't said whether she spoke to the chief inspectors in the affected wards to find out what happened, making it difficult to develop guidelines to help elections clerks throughout the state avoid similar issues, investigators said.

Wisconsin voters whose ballots were not counted in November election seek damages
Wisconsin voters whose ballots were not counted in November election seek damages

The Independent

time06-03-2025

  • Politics
  • The Independent

Wisconsin voters whose ballots were not counted in November election seek damages

Four Wisconsin voters whose ballots were not counted in the November presidential election initiated a class-action lawsuit Thursday seeking $175,000 in damages each. The voters were among 193 in Madison whose ballots were misplaced by the city clerk and not discovered until weeks after the election. Not counting the ballots didn't affect the result of any races. The Wisconsin Elections Commission investigated but did not determine whether Madison Clerk Maribeth Witzel-Behl failed to comply with state law or abused her discretion. She didn't notify the elections commission of the problem until December, almost a month and a half after the election and after the results were certified on Nov. 29. The goal is to reinforce and strengthen the right to vote in Wisconsin, said attorney Jeff Mandell, who is general counsel of Law Forward, which filed claims against the city of Madison and Dane County on Thursday. 'When people's votes are not counted, when the right to vote is violated, our democracy is diminished,' Mandell said during a news conference announcing the action. The four affected voters are seeking $175,000 each from the city of Madison and Dane County. That is above the $50,000 maximum that can be sought in class-action lawsuits against municipalities. The lawsuit will argue that the cap is unconstitutional, the notice of claim said. The number of affected voters who could join the lawsuit might grow, Mandell said. All of the voters whose ballots were not counted are named in the notice made public Thursday. Madison takes election integrity seriously, the city's spokesperson, Dylan Brogan, said in reaction. He noted that the clerk's office apologized for the error both publicly and to each affected voter. The clerk's office has also taken steps to ensure the such a mistake won't happen again and looked forward to additional guidance from the state elections commission, Brogan said. He declined to comment specifically on the lawsuit. The state elections commission is scheduled to discuss its investigation into the uncounted ballots on Friday. According to a summary of its findings, the clerk didn't explain what exactly happened at the polling places, how the uncounted ballots went unnoticed all day on Election Day or how they were misplaced. She also hasn't said whether she spoke to the chief inspectors in the affected wards to find out what happened, making it difficult to develop guidelines to help elections clerks throughout the state avoid similar issues, investigators said.

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