Wisconsin election regulators order new Madison absentee ballot procedures

The Wisconsin Elections Commission ordered the city of Madison to undertake new administrative and procedural changes for future elections.

The Friday order follows the WEC’s investigation into 193 uncounted absentee ballots while former Madison city clerk Maribeth Witzel-Behl was in charge during the November 2024 election.

The new order aims to prevent a repeat of Witzel-Behl’s actions, which the commission called a “profound failure” that undermined public confidence in Wisconsin elections.

According to the WEC, the specific order includes changes to the printing of poll books, absentee ballot handling, staff responsibilities and training.

“The order was issued under state law that permits the Commission to mandate changes to practices and procedures whenever an election official has taken actions contrary to law or abused their discretion,” the commission said in a statement shortly after the meeting.

Before approving the order, the commission reserved time for Madison City Attorney and Clerk Mike Haas to provide feedback on the proposed changes.

However, Haas pushed back on the new demands, questioning the commission’s authority to order changes and arguing its proposals don’t account for certain modifications Madison had already taken in response to the Witzel-Behl investigation.

“Regardless of whether there is still an opportunity to fix the error (and here there is not), the Commission’s authority does not extend to requiring the future implementation of specific procedures in excess of those required in the statutes,” Haas previously wrote.

If the Commission truly wishes to dictate the staffing, workflow, and procedures of municipal clerks at such a granular level, a regulatory guidance or rule-making that applies to all jurisdictions and that allows for thoughtful input by local election officials makes far more sense and is likely required.”

Among Haas’ objections were a new procedure requiring the city to print poll books no earlier than the Thursday before an election, which he said could “run the risk of poll books not being ready in time for Election Day.”

However, before the WEC approved the order, commission attorney Angela O’Brien Sharpe shot back at Haas’ claim that the agency couldn’t order Madison to patch its ballot issues, calling it “unreasonable and absurd,” WisPolitics reported.

“Under the City Clerk’s interpretation of the law, the Commission would tell clerks that they have done something wrong but then couldn’t provide a roadmap or instructions for the proper way to administer the legal duty,” Sharpe wrote in a letter.

"Without telling a clerk what the law actually means and how it should be applied, the Commission in some cases would not be doing its job to ensure that the law is followed and to explain to the clerk how to comply.”

During the meeting, the WEC accepted some of Haas’ comments and made modifications to the order, including moving the poll books’ earliest printing date from the Thursday before an election to the Tuesday before.

The order requires Haas to certify compliance with the order in writing to the Commission no later than Jan. 1.

The clerk must also provide a written explanation of the steps taken to comply with each aspect of the order ahead of the statewide election Feb. 17.