Dem Elections Commission Chair Ann Jacobs threatened to remove GOP member Bob Spindell from a hearing when he spoke about Milwaukee polling sites running out of ballots in April, even though the topic wasn’t on the agenda.

During Thursday’s hearing, Jacobs presented an update on the commission’s review of Madison’s failure to count 193 absentee ballots received in the November election. Spindell asked to speak and praised former Clerk Maribeth Witzel-Behl for her years of service.

He then began reading from prepared remarks that an “even more serious problem is in the city of Milwaukee” where a half-dozen polling sites ran out of ballots April 1, leading to delays. Jacobs interjected as Spindell continued reading, saying his comments were out of order because the subject wasn’t on the agenda.  

Undeterred, Spindell kept reading from a statement saying voters “waited hours” as Jacobs talked over him, obscuring his remarks as the exchange escalated.

“Bob, stop! Stop! Stop! Stop!” Jacobs exclaimed as she banged her gavel while Spindell continued. “I am not going to let you keep going, Bob. I’m going to talk over you until you stop. You must stop. You are out of order, and I will eject you from this meeting if you disobey again.”

With GOP Commissioner Don Millis seated between the two, Jacobs and Spindell continued their argument. At one point Spindell bristled, “You’re going to eject me from the meeting, you’re going to try to muzzle me, is that right?” as the exchange continued. But he didn’t go any further with his comments on Milwaukee, saying: “I said what I needed to say.”

The meeting then continued without any further reference to the conflict.

Madison announced on Monday that Witzel-Behl had resigned a month after she was put on leave over her office’s failure to detect the absentee ballots on election night and then notify others of the issue in time to have those votes included in the official tally.

The Elections Commission earlier this year authorized a review of the issue, as well as whether Witzel-Behl failed to comply with the law or abused her discretion.

During today’s hearing, Jacobs told the commission she and Millis had completed depositions with Witzel-Behl and others that “raised other questions” that compelled them to seek additional interviews. Those were put off until after the April 1 election.

She said the depositions resulted in information she believed would help recommend new best practices to local clerks on absentee ballots.

“I really do think what we’ve learned will help us do a better job on some of that absentee ballot processing,” she said before Spindell began his comments.

Watch the exchange on WisconsinEye. Spindell’s comments began at the 8-minute mark.