MADISON, Wis. — Following the November 5 election, nearly 200 absentee ballots went uncounted in Wisconsin’s liberal capital, leading state election officials to initiate an inquiry into potential legal violations by the city clerk on Thursday.
The Wisconsin Elections Commission has unanimously agreed to investigate whether Madison’s City Clerk, Maribeth Witzel-Behl, adhered to state law or misused her authority. There were concerns raised by commission members regarding the clerk’s office’s late notification of the issue, which came at the end of December, significantly after the election results had been certified on November 29.
In response to the concerns, Witzel-Behl’s office stated that the uncounted ballots did not influence any race outcomes or referendums. However, Commission Chair Ann Jacobs emphasized the seriousness of the matter, describing it as “so egregious” that it necessitated an investigation, especially with upcoming spring elections approaching. “We are the final canvassers,” Jacobs asserted. “We are the final arbiters of votes in the state of Wisconsin and we need to know why those ballots weren’t included anywhere.”
Witzel-Behl expressed her willingness to collaborate with the commission in uncovering the details and preventing similar incidents in future elections, as conveyed in her email correspondence.
This incident marks another issue for Witzel-Behl’s office, which had previously acknowledged sending out up to 2,000 duplicate absentee ballots in September due to a data processing error.
According to documentation from the election commission, on December 18, it was discovered that the city staff reported more absentee ballots received than those counted across three city wards. Subsequently, the commission requested a detailed account from Witzel-Behl, which was provided two days later. Her memo detailed that a total of 67 unprocessed ballots for Ward 65 and one for Ward 68 were found in a courier bag located in a vote tabulating machine as of November 12. Additionally, while reconciling ballots for Ward 56 on December 3, 125 unprocessed ballots were found in a sealed courier bag.
The memo did not clarify the reasons behind the oversight but suggested that the clerk’s office intended to analyze the incidents and improve their procedures. Further, the clerk’s office communicated on December 26 that they had informed the elections commission and intended to send apology letters to the affected voters.
On the same day, Mayor Satya Rhodes-Conway released a statement indicating that her office had not been made aware of the problem until December 20, and mentioned intentions to review the city’s election procedures. A follow-up statement from the mayor reaffirmed her appreciation for the investigation and indicated that the city would fully cooperate.
Wisconsin has consistently been a key battleground state in presidential elections. In the most recent elections, Republican Donald Trump secured the state by a narrow margin of about 29,000 votes against Democratic Vice President Kamala Harris. Madison and the surrounding Dane County are noted for their liberal voting patterns, with Harris garnering 75% of the vote in the county during the election.
This report has been updated to ensure the correct spelling of Madison City Clerk Maribeth Witzel-Behl’s last name.
