MADISON, Wis. (AP) — The investigation into the handling of nearly 200 uncounted ballots in Wisconsin's capital city has concluded that the former city clerk, Maribeth Witzel-Behl, did not break any laws but failed to adhere to multiple policies and her contractual responsibilities relating to election supervision. This investigation, which was city-led and released on Tuesday, followed significant scrutiny after the uncounted ballots were revealed.
Witzel-Behl resigned earlier this month amidst ongoing investigations by both city and state officials regarding her conduct during the November elections. Since the discovery of the uncounted votes in January, she has not publicly addressed the issue, and it remains unclear whether she has retained legal counsel. Moreover, a potential contact number for her has been disconnected, and her attempts to communicate with the media have gone unanswered.
The investigation revealed that Dane County canvassers discovered 68 uncounted absentee ballots in a tabulator bin on November 12, a week after the election, followed by another 125 ballots found in a courier bag the first week of December. The report attributes the oversight to a “primarily a process and training failure” that could have been prevented with better logging of courier bags and sealed envelopes at polling locations, and by ensuring adequate training for poll workers regarding the handling of absentee ballots.
Despite recognizing opportunities to count these unrecorded ballots after their discovery, Witzel-Behl’s office ultimately failed to take action. They did not notify the Wisconsin Elections Commission of the oversight until December 18, well after the election results had been certified on November 29. During the investigation, Witzel-Behl claimed to have instructed two staff members to communicate with the commission on November 12, but those staff members disputed her account, asserting that no such directions were given.
One name-redacted staff member testified that he attempted to notify the Dane County Clerk’s office in person on November 13, but there was no documentation supporting that any such report was made. Witzel-Behl asserted that she became aware of the uncounted ballots around the week of December 10, despite previously sending an email on November 27 instructing her team to keep the ballots sealed and record the voters as having participated. Her deputy clerk, however, denied any discussions regarding uncounted ballots took place during that week.
The investigation concluded that Witzel-Behl exhibited a lack of care and efficiency in her role, failing to prepare adequately for significant election administration challenges, provide clear guidance on addressing uncounted ballots, and maintain processes that ensure every legal vote is counted. By not promptly notifying the county clerk, state elections commission, city attorney, and mayor’s office about the uncounted ballots, she violated policies designed to promote efficiency and ensure that election duties are duly fulfilled.
While it was determined that the uncounted votes would not have affected any races or referendum outcomes, investigators still referred to the incident as “an unprecedented failure of the election process.” Following this, four voters whose ballots were not counted have filed claims for $175,000 each, initiating a process that could lead to a class-action lawsuit.
The investigation by the state elections commission remains ongoing. Earlier this month, the commission announced that they had deposed Witzel-Behl and intended to question additional city employees regarding the matter.
