Damakant Jayshi
Nomination paper challenges have been filed against three Marathon County Board candidates vying for seats in the spring 2024 election, with the county clerk set to rule on each.
Dist. 3 Supervisor Kody Hart filed two nomination paper challenges against his opponent, Jo Ann Egelkrout, according to county documents. One challenge alleges Egelkrout’s paperwork contains a signature from a person who already signed Hart’s paperwork earlier, while the other allegedly is illegible and lacks a valid address.
There is no legal consequence for signing more than one nomination paper, County Clerk Kim Trueblood said, but only the signature dated first will be counted. The challenges were filed Thursday, Trueblood confirmed.
Since Egelkrout submitted 50 nomination signatures, the required minimum, she could be kept off the ballot if one or both of the challenges are verified and upheld, Trueblood told Wausau Pilot & Review. Either party can appeal the clerk’s ruling to the Wisconsin Elections Commission.
Two challenges have been filed by Kristin Conway, who is not a candidate for the Marathon County Board. The first was filed against Dis. 32 candidate Cindy Beaty for allegedly writing an incorrect election date, 4/2/23, on her paperwork. Due to the paperwork bearing the wrong date, Conway has asked that all signatures be invalidated. County Board Chair Kurt Gibbs is the other candidate in the Dist. 32 race.
Trueblood has received a sworn affidavit from Beaty, acknowledging the error and is set to rule on it before Tuesday, Jan. 9, which is the deadline for certification.
A second challenge was filed Friday by Conway, this time against Scott Poole in the Dist. 36 race. Conway is challenging the residence of Poole, saying he does not live in the district but is rather registered to vote in Middleton. Poole works at the Capitol in Madison as an Assembly staffer, Conway wrote in her challenge. Fred Schaefer is also seeking the Dist. 36 seat.
What happens next?
Trueblood said she has notified Egelkrout of the challenge and is awaiting her response. “That response is due by 2:35 on Sunday afternoon – 3 calendar days after she was notified of the challenge.” If the challenge against Egelkrout is upheld and if she appeals to Wisconsin Elections Commission and does not get a favorable result, she can still run as a write-in for the spring election 2024.
In the case of Dist. 32, where candidate Beaty has admitted putting in the wrong election year – 2023 instead of 2024 – the ball is in the county clerk’s court. As a filing officer, Trueblood will make a determination before Tuesday.
Unclear is what will happen in Poole’s case though he, too, will have three days to respond.
Trueblood said the county clerk is the sole authority to make a determination on nomination-related challenges but added that she consults with corporation counsel, the county’s legal advisor. Her decisions can be appealed to the WEC.
When asked if she has ever received a date-related challenge similar to the one in Dist. 32, Trueblood said those types of issues have not previously arisen in Marathon County. The Wisconsin Elections Commission has entertained similar challenges on nomination papers under their purview in the past.
“I have been told by staff at the elections commission that those challenges were not upheld and ballot access was allowed in those instances,” the county clerk said. “However, each situation is considered on its own merits and decisions are made on a case by case basis.”
The deadline for filing such challenges is 5 p.m. Friday, Jan. 5.
The election is on Tuesday, April 2. Primaries, scheduled for Feb. 20, will be required for one seat each on the Wausau City Council and the Marathon County Board of Supervisors, barring any successful nomination challenges for Dist. 4 in Wausau and Dist. 15 in Marathon County. A primary is also required in Wausau’s mayoral race.
