Notice of Suspension of Registration Postcards To Be Mailed February 20

On February 20, 2009, approximately 313,205 voters, who were identified in the Statewide Voter Registration System
as not voting in the past 4 years, will be mailed Notice of Suspension of Registration postcards by the Government
Accountability Board (G.A.B.). The voter will be given 30-days, or until March 23, to respond and continue their
registration. Attached to the Notice of Suspension is a tear-off, returnable Application for Continuation of
Registration postcard. G.A.B. will be processing the returned Applications for Continuation.

Voters who receive a card, but believe they have voted in Wisconsin in the last four years, should contact the G.A.B.
Help Desk at 608-261-2028. Voters can also check the State’s Voter Public Access (VPA) website at
https://vpa.wi.gov to check their registration status and voting history.

Voters being sent the postcard continue to have an “Active” voter status, were included on poll lists for the February
17, 2009 Spring Primary Election, and will remain on the poll list for the April 7, 2009 Spring Election.

The G.A.B. is committed to keeping clerks, municipalities, the legislature and the general public informed about the
Four Year Voter Maintenance Process. A letter to clerk’s from the Elections Division Administrator, frequently asked
questions, and other information about the process is posted to the Elections Division’s homepage at
http://elections.state.wi.us.

Wisconsin’s Elections Administration Procedures and Agenda Under Review

Elections Division Administrator Nat Robinson is inviting Wisconsin’s local election officials to submit ideas and input to fuel a “post-mortem” about the 2008 election cycle, and what the G.A.B. can do to further improve elections administration processes, procedures and practices.  In addition, Nat is seeking feedback on what needs be considered for an Elections Legislative Agenda. Comments and recommendations should be submitted by Monday, January 12 to Nat.Robinson@wi.gov.

SVRS Standards Committee Recommendations Posted.  Deadline: 12/12/08

The November 24 meeting of the Statewide Voter Registration System (SVRS) Standards Committee yielded draft recommendations for carrying out the Wisconsin statutory Four-Year Voter Records Maintenance, and Retroactive HAVA Checks.  Committee members made specific suggestions that should be reviewed by all clerks by Friday, December 12.  Local election officials were sent the recommendations with a cover memo on Monday, December 1.  Those materials were posted to the Elections Division homepage on November 28, at http://elections.state.wi.us.

Verifying Potential SVRS Death and Felon Matches for Data Quality

After municipalities finish entering registrations and voter history for the November 2008 election, they should address unresolved felon and death matches in SVRS.  To check for felon and death matches, expand the Voter node in SVRS and highlight the Voter Match sub-node.  Then search for matches of each type. If there are felon or death matches, double-click to open up the match, compare the information given, and confirm or deny the match. If a voter record has been manually inactivated because of a felon record match, or cancelled a voter record because of a death record match, and you still see a potential match in the Voter Match node, mark that potential match as “Not a Match” to resolve it.  An overview of the matching process is on the WBETS site: http://electiontraining.wiscnet.net.  Click on Training Courses, and HAVA Interfaces.  Questions should be directed to the Help Desk at 608-261-2028. 

Reminders and Elaboration about Spring Election Deadlines

December 1 was the first day spring candidates could begin obtaining signatures on nomination papers.  Encourage them to submit a Campaign Registration Statement (EB-1) as soon as they decide to run.  Engaging in campaign activity without being registered is a violation of campaign finance law, and circulating papers is campaign activity.

To avoid an extension of the filing deadline, incumbents who do not intend to run for their current position must file a Notification of Noncandidacy (EB-163) no later than Friday, December 26th.  (If the office is closed on December 26th, the deadline is the next business day.)  If incumbents do not plan to run, encourage them to file the EB-163.  If an incumbent does not file, and does not file ballot access documents by the January 6 deadline, there will be an extension of the filing deadline for other candidates.  The extension does not apply to the incumbent. 

Municipalities that use the caucus system of nomination are not affected by the noncandidacy deadline.  If an incumbent nominated at the caucus fails to return the completed Campaign Registration Statement (EB-1) and Declaration of Candidacy (EB-162) within five days after receiving written notification by personal delivery, or within 5 days after the date written notification was mailed, the deadline for filing the forms by other candidates nominated at the caucus for that office will be extended an additional three days. The extension applies whether or not the incumbent has filed a Notification of Noncandidacy. The three-day extension does not apply to the incumbent.

Candidates for Municipal Judge or Multi-jurisdictional Municipal Judge must file a Statement of Economic Interest with the Ethics and Accountability Division no later than 4:30 p.m. on Friday, January 9, 2009
 

Elections Division Prepares Legislative Agenda for 2009-2010 Session in Madison

The Government Accountability Board has endorsed a 2009-10 legislative agenda for the Wisconsin Elections Division and the list is being prepared for presentation to legislators and oversight committees. The agenda includes both major policy issues and technical clarifications. While comments from local election officials helped shape the draft agenda, the Elections Division invites more suggestions from clerks as the process moves to the Capitol.

A short list of topics currently included on the agenda is as follows:

• Exploration of early voting in Wisconsin
• Elimination of requirement to record prank or unregistered write-in candidates
• Changes to overseas voting requirements: Remote access, witness requirement, and general simplification
• Revision and clarification of the recount process
• Simplification of the process for government employees to serve as poll workers and other election officials
• Numerous changes to the absentee voting process

The 2009-10 legislative agenda is posted to the G.A.B. homepage. The list is dynamic and subject to amendment.

Updated GAB-190 Forms to be Required for Spring 2009 Elections

A slightly revised GAB-190 form has been sent to local election officials and posted to the Elections Division homepage on the G.A.B. website. The new form should be used to report election data from the February 17, 2009 spring primary. Based on comments from clerks, some questions have been reworded for greater clarity, and questions 8, 9 and 10 include dates which help indicate the version of the form

Municipalities are still eligible for an incentive payment of $100 per reporting unit for each reporting unit for the November 4, 2008 election, and qualify by submitting a complete, correct GAB-190 form. Election officials wishing to verify the status of their forms, or with questions, should contact Kate Schleitwiler at 608-261-2009.

Preparations Underway to Review Alternatives for SVRS Improvements

An Ad Hoc Statewide Voter Registration System (SVRS) Study Team has begun to evaluate the system, and suggestions for improvements submitted by SVRS users, to plan for long-term improvements. The team will assess long-term alternatives after prioritizing those suggestions. The list of alternatives will help drive long-term solutions to various SVRS challenges, such as application performance/response time, and functionality gaps such as how reports are generated from the system. Local election officials may continue to submit feedback to Team Leader Sarah Whitt at sarah.whitt@wi.gov, or 608-261-2034.

Other Items: Municipal Clerk Training, and Presidents Day and Absentee Voting

▪ To recertify for the 2009-10 term, municipal clerks must have training completed and reported to the Elections Division by February 13, 2009. Clerks must have six hours of election training every two years. An updated list of clerks who have not achieved compliance will be posted on the G.A.B. website on Monday, February 9. Details about fulfilling the requirement is under “Clerk Information,” “Training,” then “Municipal Clerk Training.”
▪ Monday, February 16th is President's Day and the deadline to receive absentee ballot applications and to cast absentee ballots for most electors in the next day's primary election. If a clerk's office is closed on February 16th, and the Type E notice did not exclude that day for absentee voting, a new Type E notice should be published next week, preferably on Tuesday if possible. The amended notice should advise voters of new deadlines due to the closing of the clerk's office.

Four-Year Voter Record Maintenance Ends; ‘Inactivated’ Lists Coming to Clerks

The Elections Division has concluded the Four-Year Voter Record Maintenance process. By May 1, local election officials in Wisconsin should receive lists of voters whose records were inactivated in the Statewide Voter Registration System (SVRS) as a result of the process. The process will improve voter data quality across

Return postcards of those voters who requested continuation of their voter registration also continue to be sent to municipalities for retention with the paper voter registration form. The Application for Continuation of Registration postcard is part of the “registration record,” which must be retained in perpetuity, unless a provision of Sec. 7.23, Wis. Stats., applies and allows the destruction of the document. Since voters are allowed not to vote for four years but continue their registration, the continuation card is an extension of the original registration form. That continuation card should be maintained as an amendment to the registration form, much like a new registration form would be maintained for someone who files a new registration form for a change of address.

WIEAC Discusses Future of State Election Administration and Updating State Plan

The State Elections Division hosted a meeting for members of the Wisconsin Election Administration Council (WIEAC) and other stakeholders on April 16 to discuss various aspects of election administration, including the 2004 Wisconsin State Election Administration Plan, which was required by the Help America Vote Act of 2002 (HAVA).

Participants heard a review of the plan and broke into groups to give Elections Division staff feedback about six program areas: Accessibility, Election Administration, the SVRS, Training, Voter Education, and Voting Systems/Technology. Division staff collected comments and recommendations from meeting attendees about on-going issues, policies that should continue, and elements that were missing from the 2004 state plan.

WIEAC members include representatives of municipalities and counties, as well as community groups.

Elections Division Committee Works to Improve Communication with Clerks

Wisconsin Elections Division Administrator Nat Robinson has asked a committee of Division employees to give suggestions for improving regular communications between the State and local election officials. The committee has brainstormed about how to make memos and mailings accessible to clerks without overburdening them with information. It has also discussed improvements to the G.A.B. website and how to stay in better touch with those without e-mail.

Robinson will consider the committee’s suggestions and ask for their review by a committee of municipal and county clerks before implementing any changes.

Click the video to watch. If you wish to save the video to your computer for viewing later, right-click and save attachment link at the bottom of the page.

Access to Voting, Access to Democracy from Wisconsin Government Accountabil on Vimeo.

The courses that were offered 'live' during 2007-2008 are available for purchase from UW Extension. To contact UW Extention:
Purchase a WisLine Materials Bundle, which includes the print materials and your choice of an audio cassette or CD.

Call (608) 262-9961 or visit www.uwex.edu/lgc/materials

Purchase audiostreamed program online at
www.uwex.edu/lgc/stream

The Military and Overseas Voting Manual is being revised.  Previous versions of this manual may be outdated because of the Military and Overseas Voter Empowerment Act and the recent consent decree with the U.S. Department of Justice regarding Wisconsin's complaince with the MOVE Act.

Wisconsin’s election law embodies a commitment to facilitate voting for all qualified individuals, including those who happen to be homeless at the time of the election. The information provided is designed to facilitate participation of qualified individuals while protecting the integrity of the electoral process. It is essential that all qualified Wisconsin electors be provided with the opportunity to help choose the elected governmental representatives who develop and implement policies that affect them.  Additional information and special requirements are included in the guidance memorandum below.

Contact the G.A.B. Elections Division

Local election officials or persons working to facilitate voting for qualified homeless individuals may contact the G.A.B. Elections Division staff at 608-261-2028 or at gabhelpdesk@wi.gov with questions.

This document is in Word so that you may fill it out electronically.

State law provides that an individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. §.6.22(4), Wis. Stats.  Since military personnel do not, as a rule, notify their municipal clerk when they are relocated or when they leave the military, keeping up with their whereabouts can be frustrating and sometimes impossible.

In the past, the Federal Voting Assistance Program in Washington, D.C. has been the most reliable resource for determining if a military elector is no longer in the military service, or if a military elector has been relocated.  However, since the tragedy of September 11th, the FVAPs policies with respect to military personnel have become more stringent, and they are not divulging information about the status or location of military personnel.  This makes it even more difficult for municipal clerks to keep track of their military electors.

In light of these difficulties, the staff of the Government Accountability Board has implemented the following policy with respect to military voters:

1. The clerk must make every attempt to determine if the elector is still in the military service and/or to obtain a current military address for the elector.  Resources for information in military electors include, but are not limited to, consultation with the Federal Voting Assistance Program (800-438-8683) and contact with the elector’s relatives.  The clerk must document what efforts were taken to determine the location or status of a military elector, and the results of those efforts.

2. Upon receipt of reliable information from the Federal Voting Assistance Program or immediate relatives that the elector is no longer in the military, the clerk may stop sending absentee ballots to the elector and remove the elector’s name from the military elector listing.  The clerk should keep documentation of this action.

3. When all attempts to determine the location or status of the military elector have been exhausted, and a period to include three general elections has passed without a single ballot being returned, the clerk may issue a letter to the elector stating that no more ballots will be sent, unless the elector reapplies for an absentee ballot.

We hope this policy will enable you to more efficiently assist your military electors, and help you to cut down on needless mailings.

If you have questions or comments regarding this policy, please contact the Government Accountability Board.

Wisconsin has in-person absentee voting.  It does not have "early voting."

The G.A.B. staff recommended Early Voting Final Report attached below was presented to the Government Accountability Board at its meeting December 17, 2009.  This final document is substantially similar to the Final Draft Report and Recommendations distributed for public comments on November 6, 2009.

This updated document, however, contained an additional recommendation to eliminate the Certificate of Registration for voters who vote in-person absentee in the clerk’s office.  This final document also changes the recommendation from requiring a sign-in sheet for in-person absentee voters to  permitting a simplified application form.  In addition, several public comments on the Final Draft Report posted on November 6, have been incorporated into this Early Voting Final Report.

On December 17, 2009, the Government Accountability Board approved the Final Staff Early Voting Report and Recommendations, with one change, and directed that its report be forwarded to the Governor and Legislature.

The recommendations in this report have not been adopted by the Legislature.

Calendar of significant dates in 2009-2010 on which election and campaign events occur, including deadlines for filing and statutory citations.  Updated in August 2010.  An MS Word version is also attached.

The Board revised its policy on retention of electronic election data in June 2010.  Please see the attached policy.

Executive Summary

Elections are the cornerstone of our democracy. A citizen’s right to vote is one of our
enduring principles. There are many scenarios both natural and man-made that warrant
taking precautions and making preparations to prevent, mitigate, and recover from an
emergency situation that may disrupt an election. Wisconsin Statutes give emergency
management powers to the governor, §166.03(1)(a), (b), Wis. Stats. However it is up to
state agencies, such as the State Elections Board, and local units of government to respond
accordingly in the event of an emergency situation, §166.03(5a), Wis. Stats. The State
Legislature recognized the need for a proactive approach to election preparedness planning
and required, in 2005 Wisconsin Act 451, that the State Elections Board prepare this report
and recommendations with regard to state, regional and local election-related contingency
planning efforts and preparedness regarding both large-scale and limited-scope natural
disasters or technological threats that may occur at or near election time.

A variety of resources were drawn upon to obtain information about election-related
contingency planning including information requests from all Wisconsin counties and
municipalities, phone and email survey of other state governments, and guidance from a
National Association of Secretaries of State (NASS) coalition report entitled Overview:
Election Security Planning for States. Additionally, Rob Rude, Bureau Director for
Response and Recovery within Wisconsin Division of Emergency Management provided a
review and recommendations for a draft version of this report.1 The county and municipal
plans obtained provided an insight into the methods currently used around Wisconsin in
anticipating Election Day emergency situations as well as indicated areas where we might
improve. The collected state plans supplied a comparative mechanism for which we could
assess the status of Wisconsin’s efforts with those of our neighbors. Finally, the
Emergency Management guidance and NASS report helped to construct a framework for
many of the recommendations outlined in the report.

Emergency situations can and do occur. In the November 2006 election, the City of
Madison experienced this first-hand as they had to respond to the threat of a bomb at the
Madison East High School polling place on Election Day. Such situations are not limited
solely to Election Day. Hurricane Katrina, in late August 2005, not only devastated much
of the Gulf Coast but also created a state of uncertainty regarding the following Spring
2006 elections for New Orleans and surrounding communities. These emergency
circumstances can cause a range of problems for conducting a fair and transparent election
if effective responses are not planned and implemented. Obviously, every emergency
event is a unique experience that requires a specifically tailored response; however, this
does not mean that proactive steps are futile. Advance preparations can help mitigate the
confusion surrounding extraordinary events and create public confidence in the security of
our elections.

Click the attachment below to download the entire report.

Executive Summary

The Government Accountability Board provides service and support to the over 3.5 million registered voters living in 1,851 towns, villages and cities and the 1,923 local election officials who conduct elections in Wisconsin at over 2,700 polling places in 3,600 wards/reporting units. During any election cycle, the demand for the Board’s services grows sufficiently to justify additional hours of operation in order to meet the needs of clerks and the voting public.

In previous years, the Board provided extended hours of operation based on prior levels of demand for services during similar elections. Section 7.08 (11), Wisconsin Statutes, which was created by 2009 Wisconsin Act 28, enacted on June 29, 2009, codified the Board’s practice of extending hours of operation in preparation before, during and after elections, or in the event of a recount and explicitly specifies the Board’s responsibility to be available to answer inquiries from clerks and the voting public during these times. In response to the creation of Section 7.08 (11), Wisconsin Statutes, the Board determined that a more systematic and evidence-based approach should be used to decide what extended hours of operation to employ.

The Board staff developed an online survey and made it available on January 15, 2010 to the 1,738 County and Municipal Clerks who receive email notifications. The Board also mailed a paper copy of the survey to the 185 clerks who lacked email accounts. The responses to this survey provided objective data on which the Board based a decision on extended operating hours for the 2010 Election Cycle in order to meet its obligation to Section 7.08 (11), Wisconsin Statutes.

This report describes the survey and clerks’ responses, the extended hour plans employed by the Board based on those responses, and an analysis of the effectiveness of those hours in providing clerks with more flexibility for submitting inquiries and collaborating with Board staff.

There are several key findings from this report on extended operating hours:

1. A majority of clerks supported the Government Accountability Board employing extended hours before and on Election Day while a sizeable minority of clerks also supported weekend and post-election extended hours.
2. No one-size-fits-all extended hours plan should be implemented for each election as clerks’ needs for collaboration with Board staff depends on the type and expected turnout of an election. For example, clerks clearly desire more extended hours for the November 2, 2010, General Election than the February 16, 2010, Spring Primary or the April 6, 2010, Spring Election.
3. Clerks desire greater Statewide Voter Registration System (SVRS) support before an election and greater Election Administration support on Election Day. These responses were corroborated by the Election Activity Logs which showed that the primary line of inquiry before an election was the printing of poll books which is SVRS-related and that on Election Day, (i.e. voters at the wrong polling place, signs or buttons that upset other voters, Election Day registration confusion), Election Administration issues.
4. Extending hours to provide more support to clerks and the voting public during lower turnout elections, like the 2010 February 16 Primary and April 6 Spring Election was able to be done with a nominal fiscal impact by modifying staff members’ schedules in order to avoid overtime expenditures. The net increased staff cost for extended operation hours for the 2010 Spring Election Cycle was only $23.85! This nominal cost may not be able to be sustained for the all elections, and is not expected to be maintained during the Fall Election Cycle when more extensive extended hours are expected to be employed.

The full report is attached below.

Notice

The Recount Plan below shall be used to supplement the Recount Manual.  This Recount Plan supplements and clarifies certain items of the Government Accountability Board’s manual entitled Election Recount Procedures, dated September 2008 (revised May 20, 2009).  Where the Recount Plan conflicts with the Election Recount Procedures manual, the Recount Plan controls. 

Calendar of significant dates in 2010-2011 on which election and campaign events occur, including deadlines for filing and statutory citations.  Updated in November 2010.  Adobe Acrobat and MS Word versions are attached below.

Introduction

The caucus is a method that may be used by towns and villages for nominating candidates to be placed on the Spring Election ballot. The caucus is open to the public, but only qualified electors of the municipality may nominate and vote for candidates. A person is not required to be a registered voter in order to participate in the caucus. A caucus cannot be used for nominating candidates for the office of Town Sanitary District Commissioner. Nomination papers must be used by Town Sanitary Districts.

Any person who is a United States citizen, 18 years of age or older, who has resided within the municipality for at least 10 days before the caucus is a qualified elector. The voter list from a previous election may be used as an aid in determining if a person qualified as an elector in the municipality at the last election. Any person whose name does not appear on the voter list may be asked to provide some form of identification that lists the person’s name, current address, and if necessary, date of birth.

There is no spring primary for town or village offices when the caucus system is used. However, there may still be a February primary conducted within the town or village for state, county or school district candidates.
 

Click the attachment to download this manual.

The purpose of this checklist is to allow you, the poll worker, to quickly assess whether or not your polling place has barriers for people with disabilities on Election Day. If you identify barriers, you should inform the municipal clerk and/or your supervisor so the barrier can be addressed as soon as possible. Many barriers can be easily addressed on Election Day.

The federal 2009 Military and Overseas Voter Empowerment (MOVE) Act requires all states to distribute an official ballot that contains federal offices, i.e., President, Vice-President, U. S. Senate and U.S. House of Representatives, to military and overseas voters no less than 45 calendar days prior to a federal election. The current date of the Partisan Primary, combined with the current statutory ballot deadlines, makes it impossible to meet this 45-day requirement. Simply stated, the Wisconsin September Partisan Primary must be moved.

The Government Accountability Board’s staff has met and will continue to meet with local election officials (municipal and county clerks) to gather broad input on viable recommendations for consideration by the Governor and Legislature on possible new Partisan Primary dates. This report sets out the initial thoughts and recommendations of local election officials and G.A.B. staff.

MADISON, WI – The Government Accountability Board has received several reports in recent weeks of unofficial absentee ballot applications potentially causing confusion among voters.

Kevin Kennedy, Wisconsin’s chief election officer, said that while it is legal for groups and political parties to produce and distribute absentee ballot applications, voters who wish to vote absentee need not rely on them.  “If you need or want to vote absentee, contact your municipal clerk directly and request a ballot,” Kennedy said.

The G.A.B. has recently seen unofficial absentee ballot applications forms that contain errors, such as incorrect addresses and dates, Kennedy said.  “There has been some confusion – intentional or unintentional – between the recall elections in Senate Districts 2, 8, 10, 14, 18, and 32 on August 9 and the elections in Senate Districts 12 and 22 on August 16,” he said.

Elections Division Administrator Nathaniel E. Robinson said the G.A.B has also received reports that some automated telephone calls and telephone polls in recent days have contained incorrect election dates.  “If you are not sure when the election is in your area, call your local clerk or visit our Voter Public Access website at http://vpa.wi.gov,” said Robinson. VPA users can easily find their polling place locations and sample ballots, he said.

Kennedy said that if the address on the absentee ballot application mailer or envelope is incorrect, it could go to the wrong place.  “If you rely on an incorrect date on the mailer, you may be too late to vote absentee,” he said.

Kennedy noted that the four-week period between the primaries in July and the recall elections on August 9 and August 16 is relatively short.  “If you requested an absentee ballot and have not received one, you can always request one directly from your municipal clerk by mail or email, or vote in person,” he said.

Robinson also reminded voters that they may cast an in-person absentee ballot at their city, village or town clerk’s office during normal business hours until the Friday before the election.

Voters are encouraged to visit the G.A.B.’s website (http://gab.wi.gov) for information about the recall elections, as well as the ongoing “soft implementation” of the new Voter Photo ID law.

MADISON, WI – Based upon an extensive independent investigation into the actions of Waukesha County Clerk Kathy Nickolaus after the Spring Election, the Government Accountability Board found probable cause to believe that she violated the state law requiring county clerks to post all returns on Election Night, but concluded that the violation was not willful and therefore did not constitute criminal misconduct.

The Government Accountability Board today released the independent investigation report by former Dane County prosecutor Timothy Verhoff, as well as a G.A.B. staff report and related documents.  These reports detail how Clerk Nickolaus’ actions on Election Night and in the following days led to confusion and misinformation about the closeness of the Wisconsin Supreme Court election, and about the reason that official results varied so significantly from the initial unofficial results.

Despite allegations that Clerk Nickolaus somehow manipulated votes from the city of Brookfield to sway the election for Justice David Prosser, Attorney Verhoff’s report determined that this could not have happened because the City of Brookfield independently reported the correct vote totals to multiple news outlets and they were published by the online news website Brookfield Patch on Election Night. 

The report notes that, while Clerk Nickolaus was unable to give a definite explanation as to how the error occurred, the most likely explanation for her misreporting of unofficial results is that she uploaded a blank template into a reporting database, rather than a template that included actual vote totals, for the City of Brookfield.  Clerk Nickolaus gave both the blank and completed templates the same file name and saved them in the same file location on the computer.

Attorney Verhoff concluded that Clerk Nickolaus’ failure to post election night results from the City of Brookfield “appears to be either an honest mistake or ineffectiveness,” and that “her conduct does not appear to rise to the level of conduct that can be described as willful neglect or a refusal to comply with the law.”  As a result, he did not recommend referral for criminal prosecution.

Attorney Verhoff’s investigation also looked at problems with ballot bags and security seals used in Waukesha County, and found no evidence of criminal wrongdoing either by Clerk Nickolaus or other local election officials, and no evidence that those problems were the result of any fraud. 

As a result of the investigation, the G.A.B. has issued an order requiring Clerk Nickolaus to conform her conduct to law and take certain steps to ensure accountability and transparency in her Election Night reporting practices prior to the February 2012 spring primary.  Those steps include releasing detailed results on Election Night, instead of only county-wide figures.  Had Clerk Nickolaus reported all results separately on Election Night, her failure to include numbers from the City of Brookfield would have been apparent immediately, rather than the next morning when she discovered the problem.

“Your actions following the April 5, 2011 Spring election did not conform to the legal requirements imposed on county clerks,” G.A.B. Chairperson Thomas H. Barland said in a letter to Clerk Nickolaus.  “When one election official fails to act consistent with those responsibilities, steps must be taken to correct the failure in order to prevent it from recurring, and to restore public confidence and trust in the administration of elections.”

About the investigation and report

Immediately after the G.A.B. became aware of the problems with reporting accurate unofficial election results, the agency dispatched staff to Waukesha County and launched its own review to verify the accuracy of the vote totals and determine what went wrong.  On April 20, Supreme Court candidate Joanne Kloppenburg’s campaign manager filed a formal complaint against Clerk Nickolaus with the G.A.B., alleging several violations of the law and calling for an independent investigation.  In May 2011, the G.A.B. authorized an investigation of Clerk Nickolaus and hired Attorney Verhoff as the independent investigator.  Because of state laws requiring confidentiality in its investigations, the G.A.B. has been unable to comment on the Waukesha County investigation until now.

Kevin J. Kennedy, director and general counsel of the G.A.B., said he believes Attorney Verhoff’s independent report and the accompanying staff report fulfills the G.A.B.’s promise to give the public a complete accounting of exactly what happened in Clerk Nickolaus’ office on Election Night and in the following days.  Two days after the election, Clerk Nickolaus held a news conference to announce that the official canvass results certified by the Waukesha County Board of Canvassers contained an additional 14,315 votes from the City of Brookfield, which had been omitted from the unofficial results on Election Night.  The discovery of the Brookfield results changed the statewide results from an apparent unofficial 204-vote margin in favor of Kloppenburg to a 7,316-vote margin for Justice David Prosser.

“Clerk Nickolaus’ errors on Election Night caused many Wisconsin voters much concern about the integrity of Wisconsin’s elections,” Kennedy said.  “County and municipal clerks are our partners in administering Wisconsin’s elections, but the G.A.B. must hold them to certain standards to ensure public confidence in our electoral system.  One of the most important standards is transparency.  I encourage members of the public to read these reports for themselves to get a better understanding of the events that occurred after the polls closed in Waukesha County in the Spring election.”

Under Wisconsin’s Constitution, county clerks are independent, elected officials who are ultimately answerable to the voters, Kennedy said.  The G.A.B. does not have the power to remove a clerk from office, but may order a clerk to conform her conduct to the law, which it has done in this case.

The report also addresses several points of misinformation that were widely reported and discussed in the weeks after the election, including: 

• Whether Clerk Nickolaus kept election results on her “personal computer.”  In fact, it was a county computer.
• How she could forget to save information into a Microsoft Access database, which automatically saves data.  The report concludes that the error was most likely not due to the failure to save data, but because she imported a blank spreadsheet template for the City of Brookfield that contained zeros as the vote totals, but did not double-check to see whether she had imported the correct spreadsheet.

In addition to investigating Clerk Nickolaus’ actions in the April 4, 2011 Spring Election, the G.A.B. also sent staff investigators to interview her following the August 9, 2011 Senate Recall Election after receiving complaints about delays in posting results on that Election Night.  Staff found no evidence of any incorrect procedures for that election, and concluded that she reported the unofficial results promptly upon receiving the last totals transmitted from the Village of Menomonee Falls.

Excerpts from Attorney Verhoff’s report

“It is my opinion that if the government decided to issue a criminal charge against Ms. Nickolaus, it would be highly unlikely all members of a 12-person jury would be convinced beyond a reasonable doubt that Ms. Nickolaus’ actions involved willful neglect of a duty or the refusal to perform a duty.” – Page 37.

“The evidence establishes this is not a situation in which a number of ballots were discovered, hidden or surreptitiously added to the totals.” – Page 38.

[Regarding the Access 2007 database] “It appears … Ms. Nickolaus simply inadvertently uploaded a blank template into the database that did not contain the vote totals for Brookfield and posted inaccurate results on election night.  While this error may be fairly characterized as human error, the problem appears to stem from potentially larger issues.”  – Page 38.

“Ms. Nickolaus was the sole person responsible for uploading the spreadsheet/templates into the Access 2007 database on election night.  There was not a system in place to check for potential errors in this process.” – Pages 38-39.

“Compounding the problem was the way in which the matter was handled after Ms. Nickolaus discovered the error. … Ms. Nickolaus’ failure to immediately inform G.A.B. Director and General Counsel Kevin Kennedy or G.A.B. Elections Division Administrator Nat Robinson about the scope of the potential problem with the Brookfield totals also shows a lapse in judgment.” – Page 39.

“The manner in which Ms. Nickolaus decided to hold the press conference also exacerbated this situation. … During the press conference, for example, Ms. Nickolaus repeatedly stated the error was the result of failing to properly save the results of the Access 2007 database.  This explanation only fueled suspicion of fraud because members of the public familiar with the program were aware the program does not require a user to save data after it is uploaded and were aware the explanation did not make sense.” – Page 40.

“Despite these issues, it does not appear there was any intentional misconduct on the part of Kathy Nickolaus, nor were there significant problems with the manner in which the official canvass was conducted.  As previously indicated, the official canvass process, the G.A.B. review, and the statewide recount confirmed the official vote totals are correct, and that the unofficial vote totals published election night were in error.” – Page 40.

About the investigator

Under Wisconsin Statutes, the G.A.B. is authorized to hire outside investigators to review complaints alleging violations of laws under its jurisdiction.  Attorney Timothy Verhoff served as Deputy Dane County District Attorney from 2003 to 2010, and was named Wisconsin’s Deputy District Attorney of the Year in 2007.  In 2010, Verhoff went into private practice as a criminal defense attorney in Madison. 

For more information

The reports, findings of the Board, and correspondence to Clerk Nickolaus are available on the Government Accountability Board’s website: http://gab.wi.gov.

MADISON, WI – The Government Accountability Board will hold a media availability at 12:15 p.m. today with Paddy McGuire of the Federal Voting Assistance Program (FVAP), which was involved in suing the G.A.B. last year to ensure compliance with the Military and Overseas Voter Empowerment Act.

FVAP is the Department of Defense agency charged with ensuring the rights military and overseas voters.  Mr. McGuire is in Wisconsin today to meet with key lawmakers and the Governor’s staff about moving Wisconsin’s Partisan Primary Election from September to August to comply with the MOVE Act.

The G.A.B. office is located at 212 E. Washington Avenue, on the Third Floor.  A map can be found here. 

Below is video from Wisconsin Eye of the media availability:

The calendar comes in several formats, including Adobe Acrobat, and Microsoft Word and Excel.  There are also instructions for importing the Excel spreadsheet into different versions of Microsoft Outlook's Calendar.