GREEN BAY (NBC 26) — Following Tuesday's primary election, Green Bay officials are addressing why absentee ballots were counted hours before the time at which a notice stated that the public process would occur.
Joanne Bungert, Green Bay interim city attorney, said there was a typo on the public meeting notice that stated people could watch the central count between 4 p.m. and 5 p.m. The public meeting notice is required by state law at least 48 hours prior to an election. Green Bay posted this notice on city hall doors and online on Feb. 10.
"That was unfortunately a typo that was inadvertently overlooked," Bungert said.
Bungert said the count actually started shortly after the polls opened at 7 a.m. She said the city clerk, Celestine Jeffreys, learned of the time error at 11:21 a.m.
At Bungert's recommendation, the city clerk called the Wisconsin Election Commission for guidance. In an emailed statement to NBC 26, The WEC said it "had no role in authorizing the city of Green Bay's decision regarding what time to process absentee ballots." A WEC spokesperson said they advised Green Bay officials to consult with the city's attorney.
After consulting with Bungert and reviewing Wisconsin law, Jeffreys said she made the call to resume ballot counting at 12:24 p.m. Bungert said observers were present at central count from the start and said the process was open to the public. Wisconsin law states central count can begin any time after polls open.
The Republican Party of Wisconsin served the city a cease-and-desist letter at 2:30 p.m. Bungert said the count was paused and resumed again at 4 p.m.
"We reviewed the statues and we're confident that we were counting within the confines of the law," Bungert said. "It's unfortunate that this typo occurred, particularly in a time when elections are very much being scrutinized and we're all under a microscope. But honestly, I feel like the city did what the city was supposed to do and I think people should have trust in the fact that we are addressing the concerns."
Richard Heidel, The Republican Party of Brown County 2nd vice chair, said they planned to send 14 observers to Tuesday's election in Green Bay. Heidel said he feels misled by the situation.
"People talk about voter access, voter safety, voter education. That's all find and dandy, but unless you first and last have election day integrity, none of the other stuff matters," Heidel said.
The city sent NBC 26 documents that showed 12 observers were present along the absentee ballot counting process. Among that number, two people reported they were Republican, two reported they were Democrat and one reported as a member of the media. City officials said the count ended at 9:30 p.m. Tuesday.
Eric Genrich, Green Bay mayor, shared his thoughts on the matter on Twitter:
Apropos of something: maybe give decency a try—everyone deserves a little grace. That’s especially true of our elections staff in GB and around the state who have been laboring to uphold democracy in the face of a pandemic and a near constant barrage of demagogic attacks.
— Eric Genrich (@MayorGenrich) February 16, 2022
