Wisconsin Election Officials Investigate Uncounted Absentee Ballots in Madison

Overview of the Issue

Wisconsin election officials have launched an investigation into the discovery of nearly 200 uncounted absentee ballots in Madison during the November election. While the uncounted ballots did not affect the outcome of any races, the Wisconsin Elections Commission is examining whether Madison City Clerk Maribeth Witzel-Behl violated state law or abused her discretion in handling the ballots. The issue came to light when Witzel-Behl notified the commission in December, more than a month after the election and well after the results were certified on November 29. The delay has raised concerns about transparency and accountability in the electoral process.

The uncounted ballots were found in two separate instances. On November 12, the day election results were canvassed, 67 unprocessed absentee ballots were discovered in a courier bag placed in a security cart. Later, on December 2, an additional 125 uncounted absentee ballots were found in a sealed courier bag in a supply tote. Witzel-Behl claimed she informed her employees to notify the elections commission, but no action was taken. The Dane County Clerk, Scott McDonell, also stated he was unaware of the uncounted ballots until they were reported in the media.

Commissioners Express Concern and Frustration

During a recent meeting, members of the Wisconsin Elections Commission expressed shock and disappointment over the failure to count the ballots and the lack of timely communication from Witzel-Behl. Chair Ann Jacobs criticized Witzel-Behl for not initiating a thorough investigation immediately after the discovery of the uncounted ballots. Jacobs described the situation as a "complete lack of leadership" and emphasized that public officials cannot avoid accountability by "putting their head in the sand."

Don Millis, another commissioner, called the situation a "travesty," noting that the uncounted ballots effectively disenfranchised 193 voters in what many considered a historic election. The commissioners are particularly troubled by the lack of communication and the gaps in protocol that allowed the ballots to go uncounted for so long. Their concerns highlight the importance of transparency and accountability in maintaining voter trust in the electoral process.

Commission Takes Action to Investigate Further

In response to the findings, the Wisconsin Elections Commission voted unanimously to authorize depositions of Madison city employees, including Witzel-Behl, to gain more insight into how the uncounted ballots were mishandled. Chair Ann Jacobs and Commissioner Don Millis will lead the questioning, which will focus on identifying the breakdowns in procedure and communication that led to the issue. Madison City Attorney Mike Haas indicated that the city will cooperate fully with the depositions, stating, "The city wants to get to the bottom of this as much as anyone else."

In addition to the depositions, the commission voted to send a warning to clerks across the state, urging them to thoroughly check for any uncounted ballots during the upcoming April 1 election. Jacobs also hinted at the need for broader reforms to state election policies, particularly as the 2026 elections approach. These actions reflect the commission’s commitment to addressing the systemic issues that led to the uncounted ballots and preventing similar problems in the future.

Gaps in Protocols and Procedures

Investigators identified several gaps in Madison’s election protocols that contributed to the uncounted ballots. For instance, absentee ballot logs at Madison polling places did not include the number of courier bags for each ward, making it difficult for election inspectors to account for all ballots. Additionally, there were no procedures in place to confirm the number of absentee ballots received against the number counted. Witzel-Behl explained that election inspectors were emailed information about the number of ballots before the election, but no documents provided a clear total, leaving room for error.

The investigation also revealed that if Witzel-Behl had conducted a more thorough check for courier bags and absentee ballot envelopes before certifying the election results, the missing ballots could have been counted. However, she failed to take such steps, and her employees apparently did not follow through on notifications to the elections commission or county canvassers. These oversights underscore the need for clearer protocols and better communication channels to ensure all ballots are properly accounted for in future elections.

Voters Prepare for Legal Action

The mishandling of the ballots has also led to legal repercussions. Four Madison voters whose ballots were not counted have filed claims against the city and Dane County, seeking $175,000 each. This is the first step toward initiating a lawsuit, as the individuals argue that their votes were not counted in a election many viewed as the most consequential of their lifetime. The legal action adds another layer of pressure on city and state officials to address the issue and ensure that such failures do not recur.

The situation has raised broader questions about the reliability of election processes in Wisconsin and the need for greater accountability at the local level. While the uncounted ballots did not impact the election results, they have eroded trust among some voters and highlighted the importance of rigorous oversight and transparent communication in maintaining the integrity of elections.

Moving Forward: Lessons Learned and Reforms Needed

The discovery of the uncounted ballots in Madison serves as a stark reminder of the challenges faced by election officials in ensuring every vote is counted accurately and efficiently. While the Wisconsin Elections Commission has taken steps to address the issue, including depositions and warnings to other clerks, the episode has underscored the need for systemic reforms to prevent similar problems in the future.

Chair Ann Jacobs has indicated that she will push for more substantial changes to state election policies ahead of the 2026 elections. These reforms could include clearer guidelines for handling absentee ballots, better communication protocols between local and state officials, and more robust safeguards to ensure all ballots are accounted for. By learning from the mistakes in Madison, Wisconsin can take steps to build a more reliable and trustworthy election system.

Ultimately, the investigation and its aftermath highlight the critical role of local election officials in upholding the integrity of the democratic process. While the uncounted ballots in Madison did not change the outcome of the election, they serve as a reminder of the need for vigilance, accountability, and continuous improvement in election administration.