Judge order election redo for Presque Isle town chair

Vilas County circuit court judge Martha Milanowski has ordered a new, or special election be held between incumbent town chairman John MacLean and former town clerk Lorine Walters.

Milanowski made the announcement in an oral ruling Aug. 31 in Eagle River.

The ruling comes roughly four months after MacLean filed a notice of an appeal of recount seven days after an April 12 recount that reaffirmed Walters’s one-vote victory — 242-241 — in the April 4 election. 

Contention and issues have continued to surface as the two-person town board continued to operate without a town chairperson. For instance, a town computer investigation undertaken by multiple parties has continued to play out while MacLean’s appeal has worked its way through court.

After deciding to pursue an audit of the town’s financial records, it was found that Walters’s son Jim had been working on town computers off-site at his Michigan-based tech company for the last 20 years. Newly elected town treasurer Jill Eesley spearheaded an effort to see if any town property was destroyed during those 20 years and town supervisor Carl Wolter supported that effort by signing a contract with a third-party forensic investigation firm out of Madison, Special Investigations & Forensic Technologies.

An example of the contention within the Presque Isle community appeared to surface prior to the court ruling as the hearing was slightly delayed because of an incident that Milanowski was made aware of just minutes before she took the bench. 

She explained the circumstances and sternly warned that the court doesn’t take those types of comments lightly. 

“All right, before we go on the record I just want to again say good afternoon to everyone who is here and let you know something that was brought to my attention before I came up on the bench,” the judge said. “And that was some comments that were made outside the courthouse by somebody that I think is in this courtroom now. I don’t know who it was, but they knocked on the glass wall or door at the entry of our courthouse here and indicated something, and perhaps it was a joke, but I don’t find it funny, ‘I hope this is bullet-proof glass, they’re gonna need it.’”

Milanowski said she wanted everyone in the courtroom to understand she expects everyone to “conduct themselves appropriately, civilly, and I imagine emotions are high here, but this is a court of law.”

“We’re all expected to treat each other with respect regardless of the court’s ruling today,” she said. “We take comments like that very seriously, and I hope everyone in this courtroom understands that.”

One of the court’s staff heard the comments, Milanowski said, expressing how concerned it made her to hear that from that staff member. 

Before starting her ruling, she again said there’s no room for such comments, especially in “this day and age,” and asked whoever said that to leave if they wouldn’t be able to conduct themselves appropriately.

The ruling

MacLean challenged four absentee ballots that were counted in the recount, those being from a Jane Alt, Robert Von Holdt and husband and wife Charles Gray and Eleanor Gray. 

Both ballots cast by Alt and Von Holdt were found beyond a reasonable doubt to have been cast illegally.

Alt, who was said to live primarily in Illinois and part-time in Presque Isle, was not a registered voter in Wisconsin, but was a registered voter in Illinois.

With Von Holdt, there were irregularities uncovered by the court showing that the procedure in mailing his ballot was not followed correctly under the state’s election laws.

Milanowski said there wasn’t enough evidence showing that the Grays’ votes were cast illegally and she didn’t declare them as so. 

However, Milanowski did mention three other ballots that weren’t contested in MacLean’s initial appeal that did show some irregularities. 

Milanowski also dismissed the counterclaims filed in the appeal by Walters, most notably challenging the legitimacy of MacLean and his wife’s status as Presque Isle voters because of a property they own in nearby Marenisco, Mich.

Despite the Alt and Von Holdt votes, Milanowski did not reverse the April 4 election results, but essentially declared the election moot and ordered a new one to be held. 

“The court rules that the Board of Canvassers, by failing to follow the correct procedure for the recount, specifically the provisions for reviewing absentee ballot envelopes, erroneously interpreted the provision of the law requiring them to do so,” Milanowski ruled, according to the court record. “The Court sets aside the determination of the Board of Canvassers. The Court will not deduct the two defective ballots of Alt and Von Holt from the vote tally for Walters and declines to compel those particular electors to disclose how they voted. The Court orders that the April 2023 election for town chair of Presque Isle be set aside and that a new, or special election be held in accordance with Wisconsin’s election laws.”

Ruling leaves questions

With a new election comes many questions yet to be answered, like who will administer it and whose names will appear on the ballot?

Right after the ruling was handed down, Walters told The Lakeland Times she “didn’t see that coming.”

“Total surprise, but probably the best outcome because we’ll know (for certain) now,” she said. 

Walters said she believes the new or special election will be limited to a contest between herself and MacLean and will not include the other elected positions voted upon on April 4. 

Town clerk Billy Rae Thoma will administer the election, she said, adding that she will recommend to Thoma to consult with town clerks in neighboring towns for help, given that Thoma hasn’t administered an election yet, having been elected as clerk for the first time in April. 

Walters’s attorney James Olson said he’s sure the Wisconsin Elections Commission will offer Thoma guidance too. 

Thoma said the ruling of a new election made her feel “nervous.”

“I guess it’s just good to see if there is some irregularities that there are consequences I guess,” she said. “I’m brand new, so I’ll probably get ahold of the elections commission and talk to them or maybe Vilas County and talk to them and go from there.”

MacLean expressed emotion in reaction to Milanowski’s ruling. 

He said Americans’ right to vote is “so sacred” and “justice was served here today.” He said he was happy with the result of his recount appeal.

“I will say this, there were skepticism as to whether a special election was likely to be ordered,” MacLean’s attorney Doug Poland said. “We certainly asked for it because we thought it was merited and we’re very pleased that the judge agreed. We have to make sure that, as John said, elections are the foundation of our democracy and we have to make sure that they’re run the right way, and that they’re fair. And when you’ve got votes that are cast illegally and as the judge found, and there’s a one-vote margin, every vote matters. So this is absolutely a just result, it’s the right result, and I know John looks forward to a new election where all votes are cast are cast in compliance with the statutes and law.”

Trevor Greene may be reached via email at trevor[email protected].