CEC Supports Milwaukee Elector’s Complaint Seeking Corrective Action Over Milwaukee Central Count Procedures
In Gavery v. Harris, CEC-supported Milwaukee elector and election observer Justin Gavery filed a verified complaint with the Wisconsin Elections Commission (WEC) against Milwaukee Election Commission (MEC) Deputy Director Maricha Harris and Executive Director Paulina Gutiérrez. The complaint alleges four failures arising from Milwaukee’s August 11, 2026, primary election: incorrect transmission of tabulator data, failure to provide required notice of a meeting of the Municipal Board of Absentee Ballot Canvassers, untimely notice of pre-election tabulator testing, and serious restrictions on observer access. Gavery asks WEC to investigate and order corrective measures before the November general election.
The complaint’s principal claim concerns Milwaukee’s absentee-ballot results. Five of nine electronic storage devices delivered to Milwaukee County contained audit logs rather than election-result files, leaving 15,702 absentee ballots, nearly 58 percent of Milwaukee’s absentee ballots, unreported when results were first delivered. MEC officials later returned to Central Count, exported the correct files, and reported the results after 1:00 a.m., after the statutory deadline. Because MEC had previously sent all observers home, no observers were present to witness this remedial process. Gavery argues that the episode violated Wisconsin laws requiring a “full and accurate return” of the votes and timely reporting, and that the absence of independent verification and bipartisan teamwork reflected inadequate procedures, training, and supervision.
The complaint also alleges two notice violations: that Milwaukee gave no formal notice of the August 11 Central Count meeting despite Wisconsin’s 48-hour requirement, and that MEC conducted its public tabulator test on August 1 but did not post notice until August 4. A fourth claim challenges observer access inside Central Count, alleging that ballot envelopes were handled in restricted or concealed rooms, including MEC’s “Secure Ballot Room,” while observers were denied access. Gavery alleges, with photographic evidence, that rooms previously accessible for election observation were walled-off, preventing observation and obscuring their very existence. The complaint argues that the challenged activities occurred after the board of absentee ballot canvassers convened and were therefore subject to Wisconsin’s public-observation requirements.
Gavery asks WEC to order written procedures requiring independent bipartisan verification of results exports, documented training, timely publication of required notices, and observation areas permitting public observation of covered ballot-handling activities before November 3. The complaint also places the August 2026 events in the context of earlier Central Count problems and argues that prospective oversight is needed to prevent recurrence.
Case Documents
Verified Complaint (September 10, 2026)
Cover Letter to Wisconsin Elections Commission (September 10, 2026)
Last Updated: Sept. 20, 2026