The Wisconsin Elections Commission on Jan. 2 voted to authorize an investigation under Wisconsin Statute 5.06(4) into the City of Madison clerk’s handling of 193 absentee ballots that were not processed following the Nov. 5, 2024 general election.

The commission’s chair, Chair Jacobs, opened the discussion saying the commission — "we are the final canvas. We are final arbiters of the votes in the state of Wisconsin" — needed to know why the ballots were not accounted for and to consider whether the commission had authority to investigate. Attorney Sharp, commission counsel, told commissioners staff had independently verified "these uncounted absentee ballots did not impact any federal, state, or local race or referenda on the ballots in question."

The memo provided to commissioners said Madison city staff first asked for assistance entering reconciliation data on Dec. 18, 2024; the city provided a detailed statement on Dec. 23; and Madison’s clerk’s office issued a public press release on Dec. 26 disclosing the uncounted ballots. Chair Jacobs said commission staff have no additional information beyond that memo and its appendices and recommended a two-member, bipartisan pair from the commission draft document requests and questions for the investigation and publish those requests for transparency.

Commissioners voiced similar practical concerns: several members said the priority was learning how the error occurred so guidance could be issued to prevent similar problems before an upcoming February election. Commissioner Millis said the commission’s investigative powers are limited but appropriate in this instance; Commissioner Bostelman emphasized a forward-looking, nonpunitive approach to identify procedural fixes; Commissioner Thompson said opening an investigation did not preclude a later complaint being filed.

Commissioner Spindel proposed amending the motion to add an investigation into the City of Milwaukee central count on Nov. 5; commission counsel and the chair ruled that addition out of order because the meeting notice covered only the Madison matter. Chair Jacobs also asked Commissioner Spindel to provide specific new evidence if he wanted the commission to consider a separate investigation into Milwaukee at a future noticed meeting.

The motion to authorize an investigation of the Madison clerk regarding the 193 uncounted absentee ballots passed on a roll-call vote with all voting members recorded as voting in the affirmative. Chair Jacobs said she and Commissioner Millis would draft the questions and document request and aimed to issue them publicly by the end of the business day.

Why it matters: Commissioners said the lapse in timely disclosure — commissioners noted it took roughly a month before the matter reached the commission’s staff memo — limits the commission’s ability to advise clerks and canvassing boards before upcoming elections. The investigation will determine whether an official violated law or abused discretion and whether process or training changes are needed to avoid recurrence.

What’s next: Commission staff will work with Chair Jacobs and Commissioner Millis to produce a publicly posted set of questions and document requests that will guide the investigation. The commission’s memo and attachments are the starting point for that inquiry.