Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.
Former Madison Clerk Maribeth Witzel-Behl violated multiple state laws when her office failed to count nearly 200 absentee ballots in the 2024 presidential election, according to a draft report released Wednesday by the Wisconsin Elections Commission.
The commission cited a lack of leadership in the clerk’s office, referring both to Witzel-Behl and the deputy clerk who assumed control during her vacation shortly after the election.
Witzel-Behl, who was put on leave by the city after the error and then resigned, broke state law by failing to supervise absentee ballot handling, neglecting post-election processes, and by not training poll workers to check the bags used to transport ballots, the commission concluded.
“There is no evidence that the City Clerk took any steps to investigate the uncounted ballots once they were brought to her attention,” the commission wrote. “The evidence demonstrates that the City Clerk began her vacation on November 13 and then had little to do with the supervision of her office until almost a month later.”
The draft report follows a months-long investigation into the 193 ballots that went missing on Election Day. The ballots were found over the next several weeks — some of them before final certification of results — but were never counted. Commission Chair Ann Jacobs, a Democrat, jointly led the investigation alongside Republican commissioner and former Chair Don Millis.
For months, Madison election officials have been saying that the ballots that went uncounted were delivered to two polling sites but weren’t unopened. But the commission found no evidence the ballot bags were ever delivered. A chief inspector at one site testified he was confident there was no unopened bag in the supply cart sent to his ward.
The errors have already prompted significant changes in Madison’s election processes. Officials have overhauled ballot tracking procedures, which Madison and Dane County leaders say should prevent a repeat of the 2024 mistake.
Still, the commission emphasized “it is essential that the public understands what has occurred, so that municipalities throughout the state can review their own processes and make certain that they too do not find themselves in this very unfortunate situation.”
The commission’s sharp criticism extended beyond Witzel-Behl, noting that “the staff of the City Clerk’s office failed to take any action regarding those ballots.”
Deputy Clerk Jim Verbick said that his post-election involvement was “minimal” and that he didn’t think it was his job to do anything about the missing ballots, the commission’s findings state.
“However, he did not attempt to speak to the City Clerk about the matter,” the review continues. “There was nobody who took responsibility for these ballots. It was always someone else’s job.”
Madison Interim Clerk Mike Haas said in a statement that the city is reviewing WEC’s report and that he hopes that it can provide lessons that prevent similar errors in the future. He did not respond to a request for further comment.
Former clerk violated laws, gave contradictory statements
The report focused on lapses in training by the clerk’s office. For example, it said, Witzel-Behl stored absentee ballots in green courier bags, but didn’t mention that in poll worker training, and the bags weren’t labeled as carrying absentee ballots. She also failed to train poll workers that absentee ballots could also be stored in red security carts, which the commission said contributed to the ballots going uncounted. That lack of training broke state law, the commission stated.
The commission also found that Witzel-Behl violated a law requiring her to supervise absentee ballot handling. In her deposition, she “could not answer basic questions about absentee ballot handling procedures in her office.”
The commission’s report highlights contradictions between Witzel-Behl’s actions in office and deposition testimony. Although she claimed not to know about the uncounted ballots until December, the commission said she messaged an election worker in late November with instructions on how to handle the first batch of uncounted ballots.
Upon learning of the missing ballots in November, the commission said Witzel-Behl should have alerted the city attorney, County Board of Canvassers, and the commission, and immediately investigated her office’s procedures — but she didn’t.
The commission also alleged she violated laws by printing pollbooks too early, failing to oversee poll workers, and inadequately preparing for the city’s review of election results.
Draft findings include several orders for Madison to comply with
The report lists draft recommendations that the commissioners will vote on at their July 17 meeting. These include requiring the Madison Clerk’s Office to create a plan detailing which employee oversees which task; printing pollbooks no earlier than the Thursday before each election; clearly labeling and tracking the bags carrying absentee ballots; checking all ballot bags and drop boxes before the city finalizes election results; and explaining how it’s going to comply with each of the orders.
Witzel-Behl’s office printed pollbooks for the two affected wards on Oct. 23 — nearly two weeks before Election Day — despite state guidance to print them as close to the election as possible.
Had they been printed later, absentee voters whose ballots had already been returned would have been marked automatically, alerting poll workers that those ballots were in hand but not yet counted.
But printing pollbooks no earlier than the Thursday before an election could be challenging, said Claire Woodall, who was formerly Milwaukee’s top election official. Cities like Madison and Milwaukee must print tens of thousands of pollbook pages, often using private printers, and distribute them to chief inspectors.
“It seems like you’re rushing a process” with the Thursday requirement, Woodall said. “The last thing you want is for voters to show up at 7 a.m. and discover you don’t have the correct pollbook.”
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at ashur@votebeat.org.
