Madison clerk resigns after being placed on leave over uncounted ballots

Madison’s city clerk has resigned after being placed on leave over absentee ballots that went uncounted in November. 

The mayor’s office announced the resignation of Maribeth Witzel-Behl in a news release Monday.

Last month, Mayor Satya Rhodes-Conway placed Witzel-Behl on paid administrative leave amid an investigation by the city’s Human Resources Department into her job performance. That included looking into how 193 absentee ballots went un-tallied in November’s general election.

Now that Witzel-Behl has resigned, that internal investigation has concluded, city spokesperson Dylan Brogan said. Brogan said a report from the investigation would be released to the media once a waiting period stipulated in state law for her to review it before its release is completed.

The nearly 200 uncounted ballots from three city wards would not have changed the outcome of any race or referendum in November’s election.

Nonetheless, members of Wisconsin’s Elections Commission have been sharply critical of the clerk’s office over the error. They also questioned why it took more than six weeks for the problem to be reported to the commission.

The bipartisan commission launched its own investigation into the issue, and in March, commissioners voted unanimously to depose Witzel-Behl and other city officials.

Meanwhile, the progressive law firm Law Forward has launched a class-action complaint against the city on behalf of voters whose votes went uncounted.

Mike Haas, Madison’s city attorney, has been overseeing the clerk’s office since Witzel-Behl was placed on leave. That included overseeing the office through an April 1 election, which decided a contentious Supreme Court race.

Haas will continue to serve as acting city clerk while a national search is conducted for Witzel-Behl’s replacement, according to the mayor’s office.

Along with overseeing elections, the clerk’s duties include keeping records from Common Council meetings and issuing licenses and permits.

Witzel-Behl had been Madison’s clerk since 2006, after she was appointed by then-Mayor Dave Cieslewicz. She’s since been reappointed by former Mayor Paul Soglin and by Rhodes-Conway. Those appointments were confirmed by the Common Council.

Witzel-Behl’s annual salary was $152,308. She will be paid for an additional 30 days after her departure, Brogan said. Brogan said that is typical for city contracts in the clerk’s compensation group.

“On behalf of City of Madison residents, I want to extend my gratitude to Maribeth for her commitment and dedication to public service,”Rhodes-Conway said in a statement Monday. “Maribeth embodies the motto she brought to the Clerk’s Office: ‘We exist to assist.’ I wish her the very best in future endeavors.”