MADISON – The Wisconsin Elections Commission (WEC) announced the conclusion of its six-month investigation into how nearly 200 absentee ballots went uncounted in the City of Madison during the November 5, 2024, General Election.
On Thursday, the bipartisan Commission voted 5-1 to accept the findings of its full investigative report, which included upward of 2,000 pages of documents and 13 separate depositions of City of Madison and Dane County staff.
The report concluded the failure to count the 193 ballots in Madison was a “result of confluence of errors,” including the City of Madison Clerk’s Office failure to follow proper protocols when transporting and documenting absentee ballots, and more significantly, the inaction regarding the found ballots and waiting weeks to notify the WEC.
The investigation also determined Madison Municipal Clerk Maribeth Witzel-Behl did violate multiple legal requirements in her duty to supervise elections.
The purpose of the investigation was to identify the causes and contributing factors regarding the uncounted absentee ballots and to assess the City of Madison’s election procedures to avoid similar occurrences in future elections. This was not a criminal investigation.
Ann Jacobs, the WEC’s Democratic Chair, and Republican Commissioner Don Millis, the most recent past chair, were delegated by the Commission to lead various aspects of the investigation, including conducting the depositions.
During Thursday’s meeting, commissioners also voted to give the City of Madison municipal clerk’s office 21 days to review and submit recommendations to a proposed order directing the office to implement a series of procedural changes ahead of the next statewide election. Input must be submitted to the WEC by August 7.
The proposed order would require changes by the City of Madison staff regarding absentee ballot handling, poll book watermarking procedures, training, and election materials.
The WEC will meet to discuss the proposed order, including Madison’s recommendations, during their next meeting on August 15.
