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Former Wisconsin clerk who failed to count ballots broke laws, the state's elections commission says

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Former Wisconsin clerk who failed to count ballots broke laws, the state's elections commission says
News

News

Former Wisconsin clerk who failed to count ballots broke laws, the state's elections commission says

2025-07-10 03:05 Last Updated At:03:11

MADISON, Wis. (AP) — A “confluence of errors” including unlawful actions by the former clerk in Wisconsin's capital city led to nearly 200 absentee ballots not being counted in the November presidential election, an investigation by the state elections commission released Wednesday concluded.

Maribeth Witzel-Behl resigned as Madison city clerk in April amid investigations by the city and the Wisconsin Elections Commission into the missing ballots. No outcome of any race was affected by the missing ballots.

The city's investigation, released in April, determined that Witzel-Behl didn’t break any laws but did violate multiple policies and her contractual duty to supervise elections and maintain professional standards.

But the elections commission report concluded that there is probable cause that Witzel-Behl broke five election laws. The election commission's investigation was not a criminal probe. Whether the former clerk is actually charged with any crimes would be up to the Dane County district attorney.

The elections commission report concluded that Witzel-Behl broke state law for failing to properly supervise an election; not providing the most recent current registration information for pollbooks in two wards; improperly handing the return of absentee ballots; not properly canvassing the returns as it pertained to the 193 uncounted ballots; and failing to provide sufficient information for the municipal board of canvassers to do its work.

“The failure to count the 193 ballots in Madison was a result of a confluence of errors,” the report concluded.

It determined that Madison did not have procedures to place to track the number of absentee ballots going to a polling place and there was a “complete lack of leadership” in the clerk's office.

Instead of working to solve the problem, Witzel-Behl went on vacation for weeks after the election, the report said.

“These ballots were treated as unimportant and a reconciliation nuisance, rather than as the essential part of our democracy they represent,” the report said.

The report also said that an “unauthorized person” was found sleeping in the building owned by Dane County and used by the city to store ballots. According to one of the workers at the facility, that person could have accessed the room where the security carts were stored.

On multiple occasions, workers found unlocked doors at the building, a former brewery near the Madison airport, the report said.

The report makes seven recommended orders for the city to comply with to improve its operations. The Wisconsin Elections Commission is scheduled to vote on whether to accept the report's findings and recommendations at its July 17 meeting.

Madison city attorney and acting clerk Michael Haas said in a statement that he hoped the report “can provide lessons that we and other Wisconsin clerks can learn to prevent similar errors in the future.”

The city has already implemented additional safeguards and procedures that were in place for elections earlier this year to ensure that all eligible absentee ballots are accounted for, Haas said.

He declined further comment until after the commission's vote on the report.

The elections commission investigation was led by Democrat Ann Jacobs, the commission's chair, and former chair Republican Don Millis. They are both attorneys. This marks the first time in the eight-year history of the commission that it has used its investigatory authority.

The investigation determined that two bags of uncounted absentee ballots likely never made it to the wards where they should have been counted.

Dane County canvassers discovered 68 uncounted absentee ballots in a tabulator bin on Nov. 12, a week after the election, and another 125 uncounted ballots in a courier bag the first week of December.

The clerk's office did not notify the Wisconsin Elections Commission of the oversight until Dec. 18, almost a month and a half after the election and well after results were certified on Nov. 29.

Witzel-Behl told investigators she wasn’t aware of any uncounted votes until the week of Dec. 10, even though she apparently sent an email to her staff on Nov. 27 to keep the ballots sealed and record the voters as having participated.

Four voters whose ballots weren’t counted have filed claims for $175,000 each, the first step toward a class-action lawsuit.

FILE - Absentee ballots during a count at the Wisconsin Center, Nov. 8, 2022, in Milwaukee. (AP Photo/Morry Gash, File)

FILE - Absentee ballots during a count at the Wisconsin Center, Nov. 8, 2022, in Milwaukee. (AP Photo/Morry Gash, File)

NEW YORK (AP) — Thousands of nurses in three hospital systems in New York City went on strike Monday after negotiations through the weekend failed to yield breakthroughs in their contract disputes.

The strike was taking place at The Mount Sinai Hospital and two of its satellite campuses, with picket lines forming. The other affected hospitals are NewYork-Presbyterian and Montefiore Medical Center in the Bronx.

About 15,000 nurses are involved in the strike, according to New York State Nurses Association.

“After months of bargaining, management refused to make meaningful progress on core issues that nurses have been fighting for: safe staffing for patients, healthcare benefits for nurses, and workplace violence protections,” the union said in a statement issued Monday. “Management at the richest hospitals in New York City are threatening to discontinue or radically cut nurses’ health benefits.”

The strike, which comes during a severe flu season, could potentially force the hospitals to transfer patients, cancel procedures or divert ambulances. It could also put a strain on city hospitals not involved in the contract dispute, as patients avoid the medical centers hit by the strike.

The hospitals involved have been hiring temporary nurses to try and fill the labor gap during the walkout, and said in a statement during negotiations that they would “do whatever is necessary to minimize disruptions.” Montefiore posted a message assuring patients that appointments would be kept.

“NYSNA’s leaders continue to double down on their $3.6 billion in reckless demands, including nearly 40% wage increases, and their troubling proposals like demanding that a nurse not be terminated if found to be compromised by drugs or alcohol while on the job," Montefiore spokesperson Joe Solmonese said Monday after the strike had started. "We remain resolute in our commitment to providing safe and seamless care, regardless of how long the strike may last.”

New York-Presbyterian accused the union of staging a strike to “create disruption,” but said in a statement that it has taken steps to ensure patients receive the care they need.

"We’re ready to keep negotiating a fair and reasonable contract that reflects our respect for our nurses and the critical role they play, and also recognizes the challenging realities of today’s healthcare environment,” the statement said.

The work stoppage is occurring at multiple hospitals simultaneously, but each medical center is negotiating with the union independently. Several other hospitals across the city and in its suburbs reached deals in recent days to avert a possible strike.

The nurses’ demands vary by hospital, but the major issues include staffing levels and workplace safety. The union says hospitals have given nurses unmanageable workloads.

Nurses also want better security measures in the workplace, citing incidents like a an incident last week, when a man with a sharp object barricaded himself in a Brooklyn hospital room and was then killed by police.

The union also wants limitations on hospitals’ use of artificial intelligence.

The nonprofit hospitals involved in the negotiations say they’ve been working to improve staffing levels, but say the union’s demands overall are too costly.

Nurses voted to authorize the strike last month.

Both New York Gov. Kathy Hochul and Mayor Zohran Mamdani had expressed concern about the possibility of the strike. As the strike deadline neared, Mamdani urged both sides to keep negotiating and reach a deal that “both honors our nurses and keeps our hospitals open.”

“Our nurses kept this city alive through its hardest moments. Their value is not negotiable,” Mamdani said.

State Attorney General Letitia James voiced similar support, saying "nurses put their lives on the line every day to keep New Yorkers healthy. They should never be forced to choose between their own safety, their patients’ well-being, and a fair contract.”

The last major nursing strike in the city was only three years ago, in 2023. That work stoppage, at Mount Sinai and Montefiore, was short, lasting three days. It resulted in a deal raising pay 19% over three years at those hospitals.

It also led to promised staffing improvements, though the union and hospitals now disagree about how much progress has been made, or whether the hospitals are retreating from staffing guarantees.

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

FILE - A medical worker transports a patient at Mount Sinai Hospital, April 1, 2020, in New York. (AP Photo/Mary Altaffer, File)

FILE - A medical worker transports a patient at Mount Sinai Hospital, April 1, 2020, in New York. (AP Photo/Mary Altaffer, File)

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