Wisconsin Elections Commission adjusts order tied to Madison uncounted ballots

The Wisconsin Elections Commission has agreed to adjust an order that governs how the city of Madison should run its elections.

The bipartisan commission issued that order in August. It was  designed to prevent a repeat of what happened in November 2024, when nearly 200 of Madison’s absentee ballots went uncounted. 

The uncounted ballots would not have changed the outcome of any races or referendums.

But a commission report dinged the Madison Clerk’s Office for a “confluence of errors” and other poor decisions. That included printing poll books “unusually early” — nearly three weeks before Election Day.

Those poll books are one way for officials to keep track of which voters have returned their absentee ballots.

In its prior order, the commission told Madison to create poll books no earlier than a week before Election Day so the books will be more up to date. That order also said Madison must receive those books from the printer no later than the Friday before Election Day.

Now, Madison’s newly-appointed clerk Lydia McComas has asked for that timeline to be pushed back even later to accommodate a new printing vendor.

At McComas’ request, the commission voted 6-0 Monday to change the deadline for creating the poll books to no earlier than the Friday before an election. The modified order will also give the city more time to get those books from the printer by mandating they be received no later than the Sunday before an election.

That extended timeline should help with keeping track of returned ballots, by ensuring that more poll books have time to be stamped with an “absentee ballot returned” watermark, McComas wrote to the commission.

During Monday’s meeting, Commission Chair Ann Jacobs said she was happy to make the modification based on the city clerk’s feedback.

“This was the sort of information we were hoping Madison would be able to give us as they worked through their compliance with our order,” Jacobs said. “Printing the poll books later is certainly better.”

Madison’s Former Clerk Maribeth Witzel-Behl resigned in April after being placed on leave pending an internal investigation. In September, Madison’s Common Council approved the appointment of McComas as the new city clerk. McComas’ annual salary is $135,000.

In the meantime, Madison is facing a lawsuit over the 193 uncounted ballots. The firm Law Forward filed that complaint in Dane County Circuit Court on behalf of disenfranchised voters.