Wisconsin clerk who failed to count November votes violated multiple policies, investigators say

Investigation Reveals Mismanagement in Madison Election Process
In a revealing investigation, it was determined that the former Madison City Clerk, Maribeth Witzel-Behl, did not break any laws but did fail to adhere to multiple policies and her contractual responsibilities during the November elections. This oversight led to nearly 200 uncounted ballots in Wisconsin’s capital. Witzel-Behl resigned from her position earlier this month amidst ongoing city and state investigations into her actions during the election period.
Discovery of Uncounted Ballots
The investigation uncovered that Dane County canvassers found 68 uncounted absentee ballots in a tabulator bin on November 12, and an additional 125 ballots in a courier bag in early December. These discoveries came after the election results had been certified on November 29. The investigation attributed the oversight to a lack of proper process and training, noting that maintaining logs and training poll workers on the handling of courier bags could have prevented the error.
Failure to Notify and Count Ballots
Despite the discovery of the uncounted ballots, Witzel-Behl’s office did not take action to count them or notify the Wisconsin Elections Commission until December 18, significantly after the election certification. Witzel-Behl claimed to have instructed her staff to contact the commission immediately after the ballots were found, but her staff contradicted her statements, indicating a lack of clear communication and directive from Witzel-Behl.
Violations and Consequences
The city-led investigation concluded that while Witzel-Behl did not violate state laws concerning ballot processing, she breached several employee policies and her own contractual obligations. Her lack of oversight in preparing her office for significant election issues, providing clear instructions on handling uncounted ballots, and maintaining effective processes significantly impacted the integrity of the election process in Madison.
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Additionally, her failure to promptly notify relevant authorities and offices not only breached policies that demand efficiency and prohibit obstruction of duties but also marked a significant failure in the election process. This oversight has led to four voters filing claims for $175,000 each, potentially leading to a class-action lawsuit, despite the fact that the uncounted votes would not have altered the outcomes of any races or referendums.
Ongoing Investigations and Repercussions
The state elections commission is continuing its investigation into the matter. Earlier this month, they deposed Witzel-Behl and announced plans to question additional city workers. This case highlights the critical importance of adherence to election laws and policies to maintain the sanctity and accuracy of the electoral process.
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