In Madison, Wisconsin, a recently concluded investigation has revealed that the former city clerk, who failed to account for nearly 200 ballots during the last election, did not violate any laws. However, she did break multiple policies and failed to fulfill her contractual obligations to oversee elections and uphold professional standards. Released on Tuesday, the investigation provides insight into the actions of former City Clerk Maribeth Witzel-Behl, who resigned earlier this month amid ongoing probes by city and state officials concerning her management during the November elections.
Though Witzel-Behl declined to comment, stating that she had not reviewed the findings, the investigation sheds significant light on how uncounted ballots were handled. On November 12, about a week post-election, Dane County canvassers unearthed 68 absentee ballots that had been overlooked in a tabulator bin. Another 125 uncounted ballots were found in a courier bag by the first week of December.
The investigation could not determine exactly how the ballots were missed but suggested grave lapses in processes and training that could have been avoided. Details such as keeping accurate logs of courier bags and using proper training to instruct poll workers on handling absentee ballots were highlighted as critical areas needing improvement. Although Witzel-Behl’s office had opportunities to correct the oversight, they failed to count the ballots subsequently found, and the Wisconsin Elections Commission was not notified until December 18, long after results were certified and nearly a month and a half after the election.
While Witzel-Behl stated she had asked two staff members on November 12 to report the oversight to the commission, they claimed she provided no such instructions. Although a city employee attempted to notify the Dane County Clerk’s office in person on November 13, no evidence was found to validate the office receiving such a report.
Witzel-Behl also professed to be unaware of any uncounted votes until the week of December 10, despite an apparent email she sent to her staff on November 27, asking them to keep the ballots sealed and acknowledging the voters. Contradicting her statements, her deputy clerk denied having any conversations regarding uncounted ballots.
In the end, while not breaking any state laws concerning ballot processing, Witzel-Behl’s actions constituted a breach of employee policies as well as her contractual duties. The investigation concluded that she failed to handle her responsibilities with the necessary care and efficiency. This includes preparing her office for significant election challenges, providing clear directives on processing uncounted ballots, and maintaining processes to ensure every vote is properly counted.
Her failure to directly communicate the issue to relevant offices violated policies demanding efficiency and prohibiting interference with other employees’ duties. Although the uncounted ballots wouldn’t have swayed the outcome of any races or referendum questions, the oversight was criticized as “an unprecedented failure of the election process.” Four individuals whose votes were ignored have filed claims of $175,000 each, potentially leading to a class-action lawsuit.
Meanwhile, the state elections commission’s inquiry into the matter is ongoing. They have deposed Witzel-Behl and plan to question further city workers in the coming days, indicating this matter is far from resolved.