Mayor Doug Denny of Wausau moved an unsecured absentee ballot drop box into his office on Sept. 22, 2024, saying he did so to prompt action on security and process after learning the box had been placed without what he considered adequate safeguards.

City Attorney Anne Jacobson told the Wausau Ethics Board she had advised both the mayor and the clerk in July 2024 to be careful about attempts to interfere with the clerk’s statutory discretion to administer elections, and she issued a formal written opinion on Sept. 26, 2024, addressing administration of elections in light of the July 2024 Priorities USA U.S. Supreme Court decision.

Why it matters: The testimony lays out how local election‑administration discretion, mayoral oversight and litigation risks intersected in Wausau after the Supreme Court’s Priorities USA decision; the matter prompted citizen complaints to the Wisconsin Elections Commission, the issuance of a formal city attorney opinion, and an ethics board closed‑session referral.

Jacobson testimony and written opinion

Anne Jacobson, who has served as Wausau city attorney since February 2009, told the board she provides both informal advice and formal opinions that are filed with the city clerk. She said she advised Mayor Denny in July 2024 — between July 5 and July 26 — that he should “be careful about interfering with [the clerk’s] authority to administer an election and her decision to want to put this box out.” Jacobson said those informal warnings were later formalized in “legal opinion 24‑5” dated Sept. 26, 2024, which she described as a formal written opinion to the clerk and which she said she emailed to the mayor.

Jacobson testified that formal opinions are filed with the clerk and that, depending on circumstances, she tries to keep the full common council informed so members are “on the same page.” She also told the board that attorneys withheld a number of documents on privilege in response to the board’s subpoena: she counted roughly 37 emails withheld as privileged for the period Sept. 25–30, 2024, exchanged among herself, Clerk Caitlin Bernardi and others.

Mayor’s account of moving the box

Mayor Doug Denny said he found the box unsecured on the front of city hall during the weekend of Sept. 21–22, 2024, and that its light weight and lack of fastenings made it vulnerable. He said he wheeled the box into his office with a dolly and photographed it, adding that he “moved it in there because I felt I would send the message” that the deployment raised security and process concerns. Denny said he did not intend for the image to go viral and that he later returned custody of the box to the clerk after consulting counsel and attempting to work toward a solution.

Denny testified he had discussed security elements such as cameras and lighting with city staff and that he wanted the clerk’s plan to be reviewed with the common council so council members could solicit public input. He said the clerk told him on Sept. 19 that about 4,004 absentee ballots were ready to be mailed and that the clerk had discussed using a drop box as an option.

Complaints, statutes and outside review

Jacobson told the board that two complaints were filed by citizens with the Wisconsin Elections Commission against the clerk, the deputy clerk and the finance director; she said one public case (which she recalled as 24108) was dismissed and another matter was confidential. During the hearing counsel also introduced a copy of Wisconsin statute section 17.12 in evidence and questioned Jacobson about the procedure for removal of appointed officers; Jacobson summarized the statute as describing how elective and appointed officers may be removed by appointing officers or by the common council.

Board actions and procedure

The ethics board accepted exhibits 1 through 25 into the record during the open session. By motion and roll‑call vote the board then moved into closed session under Wisconsin statute section 19.85 to deliberate on the pending complaint against Mayor Denny; the motion was seconded and adopted by roll call. Board members indicated they would prepare a written decision but said it would not be completed that day and that they planned to reconvene to review and approve a written determination.

What was not resolved

Jacobson testified she had not rendered a formal legal opinion about whether the mayor’s act of moving the box constituted an election irregularity; she said the district attorney enforces alleged election irregularities. She also said she had not been asked for a written opinion on whether the box as situated met the Priorities USA standard before the box was placed on Sept. 22.

Next steps

The ethics board went into closed session to deliberate on the complaint; members said a written decision would be prepared and reviewed at a later meeting. The record includes the city attorney’s written opinion (No. 24‑5, dated Sept. 26, 2024), privilege logs the city produced in response to the board’s subpoena, and correspondence among city officials that were accepted as exhibits.