(The Center Square) – Madison City Attorney and Clerk Mike Haas is questioning election procedural changes for the city the Wisconsin Elections Commission plans to vote on Friday.

Although the WEC voted July 17 to accept the conclusion of an investigation finding former clerk Maribeth Witzel-Behl culpable of leaving 193 absentee ballots uncounted during the November 2024 election, the commission reserved consideration of new procedural changes to receive input from Haas’ office.

In a letter written to WEC, Haas questioned the commission’s authority and argued its proposals don’t account for certain changes Madison has already taken in response to the investigation, WisPolitics reported.

“When the Commission is presented with an error that can be corrected in real time, such as a decision whether to certify nomination papers or to order a recall election, the Commission is well within its authority to order local officials to take immediate action to conform their conduct to the law,” Haas wrote.

“But regardless of whether there is still an opportunity to fix the error (and here there is not), the Commission’s authority does not extend to requiring the future implementation of specific procedures in excess of those required in the statutes.”

The new proposals would require the city to print poll books no earlier than the Thursday before an election, require the clerk to document which employee is responsible for each statutory election task and designate backups for each duty, and follow specific steps for sealing, labeling and checking absentee ballot containers on an election day, among other things.

Haas argued against several proposals. For instance, he said not allowing the city to print poll books up until the Thursday before an election could cause a new logistical strain and time pressure that “runs the risk of poll books not being ready in time for Election Day.”

Haas concluded that if the new WEC regulations pass, they should not just apply to Madison and only be regulated by the commission.

“If the Commission truly wishes to dictate the staffing, workflow, and procedures of municipal clerks at such a granular level, a regulatory guidance or rule-making that applies to all jurisdictions and that allows for thoughtful input by local election officials makes far more sense and is likely required,” Haas wrote.

The commission will meet again Friday to discuss the city’s feedback, the WEC said in a statement.