The former Madison clerk showed an “astonishing” lack of urgency after discovering 193 absentee ballots that hadn’t been included in the city’s November tally and failed to follow the law in how they were handled, according to a draft Elections Commission report.
That draft — overseen by Chair Ann Jacobs and Past Chair Don Millis — noted former Clerk Maribeth Witzel-Behl went on vacation the day after being informed a sealed courier bag used to transport absentee ballots had been found. But she took no action until returning to the office nearly a month later.
The report also suggested the city’s use of a former brewery as a staging area for Election Day equipment had numerous security issues. That includes one worker at the facility finding an unauthorized person sleeping in the former Ale Asylum building near the Dane County airport.
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The report noted one worker at the facility suggested it was possible someone could access the room where locked security carts were stored. Among other things, they included tabulators used at polling sites.
While the report suggests Witzel-Behl acted contrary to state law overseeing the duties of local election officials by failing to adequately train inspectors, it doesn’t call for any criminal prosecutions. Witzel-Behl resigned in April after being placed on administrative leave.
Jacobs said at the outset of the commission’s investigation the goal was to ensure something similar didn’t happen again, not to punish anyone.
City Attorney Michael Haas didn’t address the draft report’s conclusions in a statement Wednesday, saying Madison officials may have additional comments after reviewing it and the Election Commission’s July 17 meeting to vote on it.
“We are currently reviewing WEC’s report and hope that it can provide lessons that we and other Wisconsin clerks can learn to prevent similar errors in the future,” Haas said.
The commission released the proposed finding ahead of next week’s meeting in which commissioners will be asked to vote on it.
The commission appointed Jacobs, a Dem appointee, and Millis, a GOP member, to oversee its investigation into how the city failed to count the 193 absentee ballots cast ahead of the November election. The city didn’t notify the commission of the issue until December, after the state results had been certified.
According to the materials released Wednesday, Jacobs and Millis have already reviewed the draft decision letter and proposed order that will be considered next week.
Several findings in the report had previously been laid out in commission materials as the investigation progressed. That included Witzel-Behl’s failure to prepare poll books in a way that would’ve revealed dozens of absentee ballots had been returned, but not counted.
The report concludes the failure to count the ballots was due to a “confluence of errors” that included a failure to have procedures in place to track the number of absentee ballots going to a polling place. That would’ve alerted chief inspectors that they were missing ballots.
It also faulted a “complete lack of leadership” in Witzel-Behl’s office.
“It was the job of the City Clerk to immediately take action once notified about the found ballots, and she did nothing,” the report concludes. “It was the responsibility of the Deputy Clerk to take action in her absence, and he did nothing. These ballots were treated as unimportant and a reconciliation nuisance, rather than as the essential part of our democracy they represent.”
Deputy Clerk Jim Verbick remains in his position. Haas has been working as the acting clerk in addition to his duties as city attorney.
