This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.
The former Madison deputy clerk who claimed responsibility for the 23 late-arriving ballots in the Wisconsin Supreme Court election has been reassigned within the clerk’s office to non-election tasks.
Jim Verbick — the election office’s former second-in-command who was previously scrutinized and sued for the clerk’s office losing 200 ballots in the 2024 election — admitted to losing track of the absentee ballots that didn’t end up arriving at several polling places until after 8 p.m. on Election Day in April, according to public records obtained by Votebeat.
He told Votebeat that he’s only partially to blame, that understaffing and a lack of communication led to the mistake and that it’s unfair that he got reassigned away from elections. Verbick is now the city clerk’s office’s lead worker for licensing.
“I do admit that I had forgotten about the ballots I secured when I left the post office,” he said, adding that he said the error was exacerbated by unexpected absences and mistakes made by others.
The issue went to court after the Wisconsin Elections Commission ordered Madison not to count the ballots because they arrived after the 8 p.m. deadline in Wisconsin law. A court reversed the commission’s decision, and the ballots were counted in the final canvass.
Verbick’s reassignment was part of a set of personnel changes designed to improve how the clerk’s office manages “the many logistical tasks of administering elections,” Madison Clerk Lydia McComas said in a statement. The city is also hiring two new deputy clerks and a lead employee for absentee voting. But this move doesn’t amount to a net gain of three election positions because one election staff member recently left the office and Verbick was reassigned.
Madison officials said after the election that the clerk’s office — not voters — was responsible for the ballots’ late arrival. Election officials had received and sorted the ballots in time to be delivered: They arrived on the Monday before Election Day and were sorted that same evening, then put on a shelf to be delivered in the afternoon of the following day, records show.
Emails, spreadsheets and Microsoft Teams messages obtained by Votebeat show that Verbick was in charge of absentee ballots and accepted some blame for their late arrival.
Around 4 p.m., Verbick sent a message on Microsoft Teams that he realized he sent out officials to deliver ballots that afternoon without the batch of absentee ballots including the 23 votes that would end up arriving late, former clerk’s office staff member Bonnie Chang said in an email to McComas.
Per that same email, Chang said that about an hour later, she scanned a spreadsheet that showed polling sites were still missing absentee ballots. She then contacted Verbick to find out how many ballots were in the late-discovered bin and whether he needed help delivering them. She wrote that he wouldn’t say how many ballots were found or whether more staff were needed to deliver ballots.
At around 6 p.m., Chang said, the clerk’s office sent additional staff to help deliver the ballots as early as possible. She said most got reassigned to other tasks.
By the time that additional help arrived, Verbick told Votebeat, the ballots had already been sent out for delivery. He said he didn’t think the couriers who were already dispatched to deliver the ballots would have trouble delivering them on-time.
In hindsight, Verbick said, he would have used those additional staff to lighten their load. But he also said he could have planned for the additional staff better had anybody told them that they were en route to help him out.
That night, Verbick sent an email to McComas taking blame for not putting the batch containing the 23 ballots on the planned afternoon drop-offs to polling places.
“Missing the bin of envelopes with the initial afternoon route is my fault,” he emailed McComas at about 10:45 p.m. on Election Day. “I had all of them reviewed this morning and ready to be run with the mail delivery.”
Verbick told Votebeat he forgot about the ballots because election workers in the clerk’s office hadn’t told him about a planned USPS delivery around noon that Tuesday. Believing the delivery had not happened, he went to the post office to investigate.
Before leaving, he said, he moved the batch of ballots that later arrived late into a secure area because there were no other full-time clerk’s office staffers available to watch them while he was gone. It was there that he forgot the ballots.
The error, Verbick told Votebeat, reflected chronic understaffing in the clerk’s office — a problem exacerbated by the increase in absentee voting since the 2020 election.
In an email to McComas, Verbick said he didn’t get additional staff that he thought would help process ballots and that he didn’t intentionally ignore messages from office staff.
Relying on hourly and temporary workers to fill those gaps is not enough, he told Votebeat.
In an email to Madison Mayor Satya Rhodes-Conway sent the night of the incident, McComas said that she would “firmly address the lack of communication” and would have more staff in August and November, including the new deputy to oversee absentee ballots.
Wisconsin Elections Commission chair Ann Jacobs called the latest error “absurd” at a commission meeting in late April. The commission voted to investigate Madison over the error, meaning the agency’s first two authorized investigations in its history both center on Madison: one for the 2024 ballot snafu and one for the latest one.
Ultimately, the votes affected by this year’s error were counted. Officials said these 23 ballots were correctly, legally cast, counted and checked into the pollbooks just like any other valid absentee ballots — the only problem was that they were delivered and counted after polls formally closed. The Wisconsin Elections Commission voted that the city and county erred in counting the ballots since state law held that ballots must be delivered to polling places “no later than 8 p.m. on election day.”
A Dane County judge, however, reversed that order, ruling that the ballots should be counted because they were properly cast, and precedent held that voters shouldn’t be disenfranchised because of clerk errors.
Verbick scrutinized for 2024 election snafu
This was the second time in about two years that Verbick has faced scrutiny over allegations that he failed to act decisively when absentee ballots were at risk of being left uncounted.
The Wisconsin Elections Commission previously scrutinized Verbick for his inaction after the 2024 presidential election, when nearly 200 voters were disenfranchised.
When Maribeth Witzel-Behl, the clerk at the time, was on vacation after the election, Verbick was in charge of the office, Witzel-Behl told the commission in a deposition.
Verbick, on the other hand, “testified that he is generally in charge when Clerk Witzel-Behl is not in the office, but that he is ‘not always the point person on everything in the office’” and wasn’t sure who the point person would have been, according to the commission investigation.
The commission stated that Verbick’s involvement was “minimal” by his own account and that nobody took responsibility for those ballots: “It was always someone else’s job.”
After learning about the ballots, the commission stated, Verbick “did not instruct anyone to determine how to get the ballots counted.”
Verbick was sued in his personal capacity for his role in the error and declined to comment about the 2024 snafu. The case is ongoing, and the plaintiffs are demanding financial damages for being disenfranchised.
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.
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