Why a Wisconsin voting site in Madison stayed open 90 minutes past the closing of polls

MADISON – As polls closed throughout most of Wisconsin for this battleground state's spring primary election, one voting site's hours were extended by 90 minutes. The court-ordered adjustment was a response to what officials have chalked up to a mistake made by University of Wisconsin-Madison Memorial Union employees.

While polls closed statewide at 8 p.m., Madison Wards 60 and 134 were allowed to vote until 9:30 p.m. at Memorial Union, one of UW's two student unions. Those wards include several student dorms within the lakeshore neighborhood of campus.

"Earlier today staff at the front desk mistakenly told people entering the building that there was no voting taking place in the building today," the Madison City Clerk's office said in a news release issued shortly after 7 p.m.

Madison Ald. MGR Govindarajan told the Milwaukee Journal Sentinel he learned of the issue shortly before 4 p.m. as he entered the Memorial Union to join a friend who was working as a poll observer. Govindarajan said he informed the location's chief inspector and reached out to the city clerk and city attorney to find out if the location's voting hours could be extended.

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The city clerk's office then petitioned the Dane County Circuit Court to extend the polling hours for those wards. Judge Ryan Nilsestuen, who previously served as chief legal counsel to Gov. Tony Evers' office, approved the order.

"I have been advised that some voters were turned away from voting at the polling place located at UW-Madison Memorial Union when staff of the facility advised potential voters that voting was not taking place at that location. That information was incorrectly provided to voters from 2:30 p.m. to approximately 4 p.m. on April 2, 2024. Voting continued during that time but some potential voters were advised that voting was not taking place and left the location rather than proceeding to the polling place," Madison Clerk Maribeth Witzel-Behl said in an affidavit.

In addition to the false information provided by staff, Govindarajan also said the building was missing signs that would have directed voters to the polls.

"We'll be following up with the UW about how all that happened or why it happened," Madison City Attorney Mike Haas told the Journal Sentinel.

Haas, who previously served as director of the Wisconsin Elections Commission, said he notified the attorneys representing the state's Republican and Democratic parties of the petition with the understanding that Nilsestuen would grant the extension barring an objection from any involved party.

The state GOP objected, Haas said, because the polls were still open, and it wasn't clear how many voters walked away. A hearing took place shortly before 7 p.m.

A spokesman for the Republican Party of Wisconsin declined to comment.

WEC chairman Don Millis, a Republican appointee, told the Journal Sentinel he doesn't object to the city's request for extended hours and said it was probably the right decision for Nilsestuen to grant it.

"What's more concerning is the City of Madison selecting a place, the Union, as a polling place, without staffing it adequately," Millis said, noting that the building has many entrances and could be difficult to navigate for a voter who is unfamiliar with the space. "If people coming in there had to ask where the polling place was, that's a problem. They should either have a staff person or (have it) well-marked, and it sounds like it wasn't."

The experience is something election officials can learn from, Millis said.

Any ballots cast during the extended hours will be noted as such and will be counted as long as the court order is not overturned, according to state law.

This article originally appeared on Milwaukee Journal Sentinel: Why a Madison polling site stayed open 90 minutes past closing time