A verified complaint was filed by Sere B. Leber with the Wisconsin Elections Commission (“Commission”) on May 18, 2020 in response to Warren Town Clerk Deina Shirmer’s decision to remove Ms. Leber from the Town of Warren Election Official list (“Election Official list”) following incidents that occurred during the February 18, 2020 election. The complaint alleges that Clerk Shirmer does not have the authority to remove her from the Election Official list.
The Commission has reviewed Ms. Leber’s complaint, Clerk Shirmer’s response, and Ms. Leber’s reply along with all supporting documentation and provides the following analysis and decision. In short, the Commission finds that it was within Clerk Shirmer’s authority under Wis. Stat. § 7.15(1)(f) and 7.30(6)(c) to discharge Ms. Leber for failure to comply with instructions provided by the clerk to not have political conversations while working at the polls. However, given that there is some dispute as to whether the other alleged conduct (electioneering or improper assistance of a voter) occurred as recounted in the affidavits of the chief inspector and other election inspector at the February primary, it is Commission’s opinion that Ms. Leber may be reinstated to the Town of Warren Election Official list for future elections. This decision provides formal notice to Ms. Leber that additional infractions of failing to comply with instructions regarding political conversations at the polls could lead to permanent removal from the list.