Official Election Complaints-5.05 and 5.06-DaNean Naeger by Valley Sentinel

Official Election Complaint Form

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Please select the statutory process that governs your complaint:

Note: you should choose only one statutory process per complaint; if you feel that your allegations fall under more than one statutory process, you should submit separate complaints under each process.

Ci 5.05 (ElectionLawViolation) ~( 5.06 (Violations by Election Officials or Appeals of Decisions of Election Officials) (~ 5.06] (Help America Vote Act Violation)

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Note: Anyone filing this complaint with you ca_nadd their information on a separate page (see page 4).

Please provide the following information about the individual or individuals whom you allege violated orimproperly administered election laws:

Note: For 5.06 complaints, each respondent must be an election official. If there are multiple respondents, ou can add their information on a separate age (see page 5).

Statutes, as well as any other laws relating to elections, other than Jaws relating to campaign financing, that you allege were violated or improperly administered.

Note: The Commission cannot accept a complaint that does not cite specific provisions, including the correct subsections, of election law. •

Wis. Stat.§ 5.5&(1b)(cm ), Wis. Stat.§ 5.60(1)(b), Wis. Stat.§ 5.60(5)(ar), Wis. Stat.§ 12.t3(2) (a), Wis. Stat.§ 12.t3(3)( e)

·1 A11egat1ons

Set forth in detail the facts that establish probable cause to believe that a violation occurred. Be as specific as possible as it relates to dates, times, individuals, and actions involved. Use as many separate pages as needed and attach copies of any supporting documentation, evidence, or affidavits.

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I declare under penalty of false swearing under the law of Wisconsin that the· foregoing is true and correct. ·signed on the~ day of !March

l202s IQt !Arena, Wisconsin (city or other location and state or countryr

I, !Becca Raven Uminowicz l being first duly sworn, on oath, state that I personally read the above complaint, and that the above allegations are true based on my personal knowledge and, as to those· stated on information and belief, I believe them to be true.

Note: Each complainant listed above in section 6b must have this form sworn before a notary or other official able to swear oaths.

S-TATI: OF WISCONSIN

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My.commission expires on I Q{J-112°2:f

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Email: elections@wi.gov

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This complaint alleges that the Village of Arena Clerk/Treasurer, DaNean Naeger, WCMC/CMC, violated Wisconsin election law by failing to conduct a second required drawing of lots for ballot order for the April 1, 2025, spring election, and -on information and belief -by administratively determining ballot ordei.· in a manner _ that disproportionately benefited administration-supported candidates. These actions violate Chapters 5 and 12 of the Wisconsin Statutes and raise significant concerns about the fair administration of elections in the Village of Arena.

1. FAILURETO CONDUCT A SECOND DRAWING OF LOTS FOR THE SPRINGELECTION

This complaint raises serious concerns about the integrity of the ballot order determination process for the Village of Arena's April 1, 2025, spring election, alleging that Clt:tk D_c1NediiNaegei' failed i.u cuT1du:ci. ii legally "i'equii'ed secOiid foiidoiii dfo wing of lots for ballot order and instead administratively set the ballot order in a manner that disproportionately benefited candidates aligned with the current village administration.

Under Wis. Stat. § 5.60(1)(b),when a primary election is held, a second random drawing is explicitly required to determine ballot order for the general election. Howeve1~instead of C-11-

primary election, omitting the lowest vote-getter and maintaining the same candidate order, rather than conducting a new, legally required random draw. The official record prepared by Clerk Naeger explicitly states, "In the event of a Primary, omitted candidates shall be re~oved and order renumbered for the Spring Election," which strongly suggests that no second drawing occurred-an apparent direct violation of Wisconsin election law. _When requested to provide documentation of a second drawing, Clerk Naeger failed to do so, reinforcing the conclusion that the mandated second drawing was never conducted.

Under Wis. Stat. § 5.60(1)(b), a second drawing of lots is explicitly required when a nt•im;irv PIPrtinn i~ hPlrl fnr ;:m nffirp• r·- J -

"...whenever a primary is held for an 'office, a 2nd drawing of all candidates for that office shall be held ..."

However, the Village Clerk, DaNean Naeger, failed to conduct the required second drawing for ballot order for the April 1, 2025, spring election following the February 18, 2025, primary. Instead, she unilaterally renumbered the ballot order based on the

results of the primary election, rather than conducting a legally mandated new drawing of lots.

• The official record of the drawing, prepared by Clerk Naeger, states: "In the event of a Primary, omitted candidates shall be removed and order renumbered for the Spring Election." This statement indicates an intentional disregard for the statutory requirement to hold a second random drawing.

• When asked by the Valley Sentinel newspaper to provide documentation of any second drawing of lots, Clerk Naeger did not provide any such recordstating: "There are no further public records for your request.", fmther reinforcing that the required drawing never took place.

Thus, the ballot order for the April 1, 2025, spring election was not determined by a • lawful, random process, but rather by an improper and unlawful administrative decision.

2. STATISTICAL IMPROBABILITY SUGGESTS AN IMPROPERLY ADMINISTEREDDRAWING

A statistical analysis of the ballot order suggests that even if a random draw had occurred as claimed, the results are highly improbable, raising concerns about the fairness of the

ballot-Tara Hill, Kevin Reimann, Brittany Carney, and Kathy Stoltz-are all perceived as suppo1ters of the current village administration, while the bottom three candidates-Steve Wilkinson, Joseph Hipsky, and Don Helt-are associated with the opposition. The probability of this outcome occurring by random chance is approximately 2.86% (1 in 35). After the pi.·imary·election, Kevin Reimann, the lowest vote-getter, was eliminated, and for the April 1, 2025, spring election, the remaining six candidates appeared in the exact same order, minus Reimann. The probability of this happening by chance alone and without manipulation is even lowei.',and the failure to conduct a second drawing-an obligation under Wis. Stat.§ 5.60(1)(b)-only exacerbates the concerns.

Additionally, the Village President's race for the April election was also determined by lot on Janua1y 9, 2025, at the same time as the initial drawing· for the prima1y, with t~e administration-supp01ted candidate, Kathy Stoltz, being selected first. The probability of both the trustee ballot favoring administration-backed candidates and the administration-backed village president candidate being randomly drawn fo;st by chance . •

alone is 1,43% (or precisely 1 in 70). If Clerk Naeger claims that she did, in fact, hold a second drawing· and coincidentally received the identical ballot order, the probability of such an outcome occurring purely by random chance decreases to an astronomical 1 in 50,400 (or 0.00198%). These statistically improbable results, combined with the clear failure to conduct a·second drawing, strongly suggest that the ballot order was improperly determined, either intentionally or negligently, in violation of Wisconsin election law.

Clerk Naeger ostensibly conducted the initial drawing of lots for the February primary election (for trustees) and the April village president race on Thursday, January 9, 2025, at 8:30 AM, witnessed by two Village employees in public works-Richard Meili and Troy McKeown.

The resulting ballot order for the February 18, 2025, primary. election for Village Trustee was as follows:

1. Tara Hill

2. Kevin Reimann

3. Brittany Carney

4. Kathy Stoltz

5. Steve Wilkinson

6. Joseph Hipsky

7. Don Helt

• The first four candidates (Tara Hill, Kevin Reimann, Brittany Carney, and Kathy Stoltz) are perceived as supportive of the current administration. Kevin Reimann is current village president Kate Reimartn's son. Brittany Carney and l( .::ithy Stnlt'7

Reimann's voting bloc, as evidenced by public statements and meeting minutes. Tara Hill has expressed public suppo1t for village president Kate Reimann.

• The last three candidates (Steve Wilkinson, Joseph Hipsky, and Don Helt) are perceived as opposition candidates. Steve Wilkinson and Don Helt are • memhers of the Arena Communitv Team_ which villaqe nresident Kate Reimann's

voting bloc treats in a hostile manner, as evidenced by WEC complaints and letters to the editor in local newspapers -with Steve Wilkinson speaking out in public

comment during meetings against village president Kate Reimann's administration and being improperly disregarded when submitting a letter of interest for a vacant trustee seat. Joseph Hipsky has publicly expressed support for a forensic audit of the village, which has been opposed by village president Kate Reimann's voting bloc since 2019.

• The probability of this outcome occurring . by random chance alone is approximately 2.86% (or 1 in 35).

Following the primary, Kevin Reimann was eliminated as the lowest vote-getter. The. ballot order for trustees set by the clerk for the April 1, 2025, spring election (with the top three vote-getters being elected)· i:,:

1. Tara Hill

2. Brittany Carney

3. Kathy Stoltz

4. Steve Wilkinson

5. Joseph Hipsky

6. Don Helt

This identical ordering (minus the eliminated· candidate) violates Wis. Stat. § 5.60(1)(b), which mandates a new random drawing. Instead, Clerk Naeger merely I renumbered the list without conducting a new drawing of lots.

Additionally, the Village President's race for the April 1, 2025, election was also determined by lot at the same time as the trustee race. The administration-supported candidate for Village President, Kathy Stoltz, was ostensibly randomly selected to be listed first.

• The probability of both the trustee ballot order favoring administration-backed candidates AND the administration-backed village president candidate being drawn first occurring by pure chance is approximately 1.43%( or precisely 1 in 70).

These statistically improbable results, coupled with the failure to conduct a second drawing,. raise serious concerns that the ballot order was determined improperly and not through a lawful and truly random process.

If the clerk claims that she did indeed draw lots a secorid time and got that identical ordering, the probability decreases to 1 in 50,400 odds (or about :::::0.00198%)that all of those things would happen purely by random chance.

Even if the improbable ballot order cannot be proven beyond a reasonable doubt, the lack of a second drawing is still a significant violation of Wisconsin statutes.

3. CONFLICTSOF INTEREST& FINANCIALMOTIVE

Beyond the procedural violations, Clerk Naeger has a clear financial and professional interest in ensuring administration-aligned board members remain in power. As a municipal employee, her continued employment and performance evaluations lie directly with thP vill;tgP hn;trrl, whnr.:.P m;t}nrity r11t't'Pntly rm"lr.:.kk nf the <:.;tme r;tnrlirbtP<:. ~~hn benefited from the illicit ballot arrangement. Opposition members have openly and publicly criticized her performance, making a shift of even two seats on the board a potential threat to her position and job security. By deliberately sidestepping the legally required 'second drawing and placing favored candidates at the top in both the primary and spring elections, Clerk Naeger knowingly conferred an unlawful electoral advantage. Far from a simple oversight, this conduct evidences a deiiberate \ntent to manipuiate the ballot for personal and political gain, thereby constituting election fraud under Wis. Stat. § 5.60(1)(6) and related statutes intended to safeguard fair election administration.

This pattern of irregularities suggests that Clerk Naeger may have manipulated ballot order to benefit the administration-backed candidates and protect her own position.

• As a municipal employee, Clerk Naeger has a financialinterest in continued employment. Opposition candidates have publicly expressed concern and displeasure with the performance of Naeger.

• The administration-backed candidates-who received advantageous placement on the ballot-are part of the voting bloc that oversees her employment. A loss of two offices between village president and/or trustees would change the voting dynamic of the board in favor of the opposition.

• The well-documented "ballot order effect" demonstrates that candidates listed first gain a measurable advantage, particularly in nonpartisan races where voter knowledge is lower - in excess of 1-3 percentage points to those on top of the ballot.

• By placing administration-backed candidates at the top of both the primary and spring election ballots, Clerk Na~ger provided them with an electoral advantage that was not determined by lawful means.

This conduct is not merely an administrative oversight-it is a deliberate violation of statutory election procedures, constituting election fraud.

4. APPLICABLE STATUTES VIOLATED

Alleged Violation of Wis. Stat.§ 5.58(1b)(cm):

Under Wis. Stat. § 5.58(1b)(cm), any town or village that holds a primary election under Wis. Stat. § 8.05 "shall arrange the ballot in accordance with the form prescribed by the and (6), insofar as possible." This requirement necessarily includes following the second-drawing procedure mandated by Wis. Stat. § 5.60(1)(b) for an office that has appeared on a prima1y ballot.

In this case, the Village of Arena held a primary election on February 18, 2025, for the nffirp nfViJJa3P Tru~tPP. Arrnrrlingly, thP rle1•lc \A/.::IS~hli3atPrl tn rnnrlµrt ;:i .~Prnnrl dr.::i\A/ing of lots for ballot order and arrange the April 1, 2025, ballot in the same form as prescribed by § 5.60(5). However, the Clerk simply "renumbered" the list without holding a second drawing, in direct conflict with the Commission's prescribed ballot format. Failing to follow the statutory procedure under § 5.60(1)(b) thus resulted in a ballot that was not "arranged in accordance" with§ 5.58(1b)(cm).

By disregarding the second-drawing requirement, the Clerk's process departed from the mandated random selection procedure, undermining the very purpose of the statutory scheme and violating Wis. Stat. § 5.58(1b)(cm). This deviation from a duly prescribed ballot format is another instance of improper administration of election laws and supports a finding that the ballot arrangement was neither validly nor lawfully adopted.

Alleged Violation of Wis. Stat.§ 5.60(1)(b):

Wis. Stat. § 5.60(1)(b) unambiguously requires that, "Whenever a prima1y is held for an office, a 2nd drawing of all candidates for that office shall be held ...to determine the arrangement of candidates on the election ballot." Despite the Village of Arena holding a primary election for Village Trustee on Februa1y 18, 2025, the Clerk did not conduct any second drawing of iots before finaiizing the baiiot order for the Aprii 1, 2025, spring election. Instead, she merely removed the eliminated candidate and renumbered the •existing list-an approach explicitly docu111entedin her January 9, 2025, record.

By omitting the legally required second drawing, the Clerk failed to comply with the mandatory procedure set forth in § 5.60(1)(6). The requirement exists to ensure fairness and randomness in ballot placement, especially after a prima1y election. Ignoring this statutory step undermined the impartial administration of the election and improperly circumvented the process for finalizing candidate order. This violation fmther implicates other statutes, including Wis. Stat.§ 5.58(1b)(cm), which demands that towns and villages strictly follow the ballot arrangement principles in 5.60.

Alleged Violation

of Wis. Stat.§ 5.60(5)(ar):

Wis. Stat. § 5.60(5)(ar) mandates that "[t]he offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. The names of the candidates shall be arranged by using the same method as that used by the commission under sub. (i)(b)." Subsection (1)(b) explicitly requires a second drawing of lots whenever a primary is held. Here, because the Village· of Arena conducted a prima1y election on Februa1y 18, 2025, the Clerk was legally bound to replicate the method-i.e., performing a fresh random draw for the April 1, 2025, ballot. '

Instead of following that prescribed method, the Clerk simply "renumbered)) the candidates by removing the eliminated individual and reusing the original order, without conducting any new drawing .of lots. This deviation shows that the ballot arrangement for Village Trustee was not carried out using the same method required under sub. (1)(b). Consequently, the Clerk's action falls short of Wis. Stat.§ 5.60(5)(ar)'s clear directive and further demonstrates improper ballot administration and disregard for mandato1y procedures.

Willful Neglect or Refusal Under

Wis. Stat.§ 12.13(2)(a):

Wis. Stat. § 12.13(2)(a)states that "the willful neglect or refusal by an election official to perform any of the duties prescribed under chs. 5 to 12 is a violation of this chapter." In this matter, Village Clerk/Treasurer DaNean Naeger was obligated by Wis. Stat. § 5.60(1)(6) to conduct a second drawing of lots for ballot placement following the February 18, 2025, primary election. Despite this clear, nondiscretionary duty, the Clerk did not perform or document any second drawing for the April 1, 2025, spring election. Instead, she unilaterally "renumbered" the existing candidate list, a procedure she had explicitly memorialized in her official record as:

"In the event of a Primary, omitted candidates shall be removed and order renumbered for the Spring Election."

This statement, which appears on the January 9, 2025, official record of the ballot dr~wing, demonstrates that even before the prima1y occurred, the Clerk had deliberately decided to

forgo the statutorily mandated random drawing and simply renumber the candidate list based on the primary result. Such a policy not only contradicts the plain text of Wis. Stat. § 5.60(1)(6), it also evidences willful intent to sidestep a required step in ballot preparation.

Evidence of the Clerk's Knowledge and Experience

Clerk Naeger is a seasoned municipal clerk with multiple ce1tifications, including that of a Wisconsin Certified Municipal Clerk and a Ce1tified Municipal Clerk. Through her training and prior experience across multiple municipalities, she would be well aware of the legal requirements for conducting elections-particularly something as fundamental as a second drawing of lots following a primary This background makes it extremely difficult for the Clerk to claim any lack of familiarity with Wis. Stat.§ 5.60(1)(6).

Explicit Notice Given by Local Media

Moreover, on March 11, 2025, the Valley Sentinel newspaper specifically requested documentation relating to the statutory requirements for ballot drawings urider Chapter 5, subchapter II. Their email highlighted that a second drawing is mandated after a primary, thereby putting the Clerk pn actual notice-before ballots were finalized or in-person absentee voting started-that the iaw required a second drawing for the upcoming April 1·election. Nevertheless, the Clerk merely provided a copy of her Janua1y 9 record and reiterated that "no further public records" existed, effectively confirming she had never conducted the second drawing.

Critically, the Clerk had sufficient time (at least until March 18, when early voting began) to notify the vVisconsin Elections Commission (vVEC)or otheiwise remedy this omission but declined to do so. Despite being reminded again by the Valley Sentinel on March 13, she responded on March 17 stating, "There are no further public records for your request." By that point, it was still possible to correct the ballot order or seek guidance from the WEC before ballots were cast, but the Clerk chose not to.

Conclusion Under§

12.13(2)(a)

Taken together, these facts demonstrate willful neglect or refusal to perform a duty prescribed under Chapter 5-namely, the duty to conduct a second drawing of lots after a prima1y. This is not a mere inadve1tent mistake. The Clerk:

• Had formal knowledge and ce1tifications in election law;

• Created a written policy in advance indicating she would simply "renumber" rather than re-draw;

• Was reminded of the requirement by an independent third party (the Valley Sentinel) in ample time to correct the error;

• And neve1theless persisted in neglecting the required procedure and refused to produce any record of a second drawing.

Such intentional disregard of a clear statutory obligation meets _the definition of "willful neglect or refusal" under 'Nis. Stat. § 12.13(2)(a).Consequently, the Commission should investigate. the circumstances surrounding this omission and consider appropriate enforcement action for the Clerk's violation of Chapter 12.

Alleged Violation of Wis. Stat ..§ 12.13(3)(e):

Under Wis. Stat.§ 12.13(3)(e),it is prohibited for an election official to "prepare or cause to h<> n1•<>na1·<>d -:.n •nffic1'al ballot- urit-h 1'nt-<>nt- t-o

Respondent's actions-namely, failing to conduct the second drawing of lots as required by Wis. Stat. § 5.60(1)(6) and instead placing administration-supported candidates at the top of the ballot-constitute the preparation of an official ballot in a manner likely to alter the outcome of the election.

Given that a known "ballot order effect" benefits those listed first, the Respondent's intentional disregard of the statutory drawing process, and the resulting advantage conferred on specific candidates, indicates that the ballot was prepared "with intent to change the result of the election;' in violation of Wis. Stat.§ 12.13(3)(e).This conduct goes beyond mere administrative error and suggests a deliberate manipulation of the ballot structure:

Wis. Stat. § 12.13(3)(e)pertains to preparing an official ballot with intent to change the outcome. While typically applied to physical tampering, the Clerk's arrangement and refusal to conduct the random process arguably "cause[d] [the ballot] to be prepared" iri a manner that could affect results. The consistent placement of favored candidates at the top-when a second random draw might have reordered them-can be. seen as preparation intended to alter the election outcome.

NOTICE

The Village of Arena will determine the arrangement of _,/ candidates on the election ballot on Thursday, January 9, 2025 at 8:30 a.m.

DaNean Naeger, Village Clerk

Posted: January 7, 2025

Determining Ballot Order of Candidate Names

Date of Drawing: Thursday, January 9, 2024@8:30 am (In the event ofa Primary,omitted candidates shall be removed and order renumberedfor the Spring Election.)

Village President .....

Ballot Order Drawn:

Ballot ID: 2106

Villageof Arena,Ward 1

Official Ballot

Nonpartisan Office and Referendum

April 1, 2025

Notice to voters: if you are voting on Election Day, your ballot must be initialed by two (2) election inspectors. If you are voting absentee, your ballot must be initialed by the municipal clerk or deputy clerk. Your ballot may not be counted without initials (see end of ballot for initials).

General Instructions

If you make a mistake on your ballot or have a question,ask an election inspectorfor help (absentee voters: contact your municipalclerk).

To vote for a name on the ballot, fill in the oval next to the name like this: •

To vote for a name that is not on the

Municipal School District (Cont.)

VillagePresident Votefor1

Kathy Stoltz

Paul Pustina

write-in:

ballot, write the name on the line marked 1---------------1 "write-In"and fill In the oval next to the name like this: •

State Superintendent of Public Instruction

StateSuperintendent Votefor1

Brittany Kinser

Jill Underly

write-in: Brad Schimel

Susan Crawford

VIiiageTrustee Votefornot morethan3

Tara Hill

Brittany Carney

Kathy Stoltz

Steve Wilkinson

• Joseph Hipsky

• Don Helt

write-in:

SchoolDistrictof.RiverValley

SchoolBoardMember Area3

1---w_r_ite_-_in_:---------1 Votefor1

CourtofAppealsJudge

District 4

Votefor1

Jeffrey J Maier

SchoolBoardMember Area9 Votefor1

John D Bettinger

write-in: Referendum

To vote in favor of a question, fill in the oval next to "Yes," like this:•

To vote against a question, fill In the oval next to "No," like this: •

QUESTION 1: "Photographic ident/Rcatlonfor voting.Shall section 1m of article Ill of the constitution be created to require that voters present valid photographic identification verifying their identity in order to vote in any election, subject to exceptions which may be established by law?"

Yes No

-SChoolDlstrlct REFERENDUM QUESTION

Shall the River Valley School District,

Sauk, Iowa, Richland and Dane Counties, Wisconsin, be authorized

O wrile-in: to exceed the revenue limit specified 1-----------------lln Section 121.91, Wisconsin

• Jennifer Nashold SchoolBoardMember

write-in: Area6 '---------------iVote for1

• Emily Beck

- Jess Hisel

write-in:

Statutes, by $4,150,000 for the 2025-2026 school year, by $4,750,000 for the 2026-2027 school year, and by $5,200,000 for the 2027-2028 school year for non-recurring purposes consisting of paying the costs of maintaining educational programs and maintenance of the District?

Yes

Continue voting at top of next column. Continue voting at top of next column.

Page 1 of 2-sided ballot. Ballot continues on other side + I 11 I 1 1 1~

Ballot ID: 1103

VIiiageof Arena,Ward1

Official Primary Ballot

Nonpartisan Office February 18, 2025

Notice lo voters: if you are voling on Election Day, your ballot must be initialed by two (2) election inspectors. If you are voling absentee, your ballot must be initialed by the municipal clerk or deputy clerk. Your ballot may not be counted without initials (see end of ballot for initials).

General Instructions

If you make a mistake on your ballot or have a question, ask an election inspector for help (absentee voters: contact your municipal clerk).

To vote for a name on the ballot. fill in the oval next lo the name like this:e

To vote for a name that is not on the ballot, write the name on the line marked "write-in" and fill in the oval next to the name like this: e

State Superintendent of Public Instruction

StateSuperintendent Votefor1

Jeff Wright

Brittany Kinser

Jill Underly

write-in:

Municipal

VillageTrustee Votefornotmorethan3

Tara Hill

Kevin Reimann

Brittany Carney

Kathy Stoltz

Steve Wilkinson

Joseph Hlpsky

Don Helt

write-In:

write-in:

Continue voting at top of next column.

Official Primary Ballot

Nonpartisan Office February 18, 2025 for

Village of Arena, Ward 1 Iowa County

Ballot Issued by

Initialsof electioninspectors

Absentee ballot issued by

Initialsof MunicipalClerk or 0oputy Clerk

If issuedb SV0s, both must initial Certification of Voter Assistance

Ballot ID: 1103 I I I 1 1 1~

I certify lhal I markedor read aloud lhis ballol al lhe requestand directionof a voter who is authorizedunderWis. Stal §6.82 lo receive assistance.

Signatureof assistor

Inspectors: Identifyballotsrequiredlo be remade: D Overvoted D Damaged 0 Other

If this is the Original If this Is the Duplicate Ballot, write the serial Ballot. write the serial number here: number here.

Initialsof ins ectors who remadeballot

RE: Elections

From Village Clerk <vilarena@villageofarena.net>

Date Mon 2025-03-17 9:28 AM

To Valley Sentinel <editor@valleysentinelnews.com>

There are no further public records for your request.

DaNean Naeger, CMCIWCMC

Village Clerk/Treasurer

Village of Arena

345 West St. Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

vilarena@villageofarena,net

www. villageof arenawi. 9ID!:

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication.

E-mail correspondenceto and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Thursday, March 13, 2025 7:35 PM

To: Village Clerk <Vilarena@villageofarena.net>

Subject: Re: Elections

Thank you for sending along the first part of request 1. - do you have the second part regarding the lots for the April 1 election? Or did ballot order just carry over?

Did you have any responsive records for 2. for correspondence regarding ballot order?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@valle1Lsentinelnews.com . www.vallevsentinelnews,com

WisconsinNewspaperAssociation,Bestio Division E (2022)

From: Village Clerk <vilarena@villageotarena.net>

Sent: Wednesday, March 12, 2025 7:53 AM

To: Valley Sentinel <editor@valleysentinelnews.com>

Subject: RE: Elections

DaNeanNaeger, CMC/WCMC

Village Clerkrrreasurer

Village of Arena

345 West St.

Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

www.viBageotarenawi.gQY

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication. E-mailcorrespondenceto and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleY.sentinelnews.com>

Sent: Tuesday,March 11, 2025 12:21 PM

To: Village Clerk <vilarena@villageofarena.net>

Subject: Re: Elections

Thank you DaNean,

We'd like to request, under the State of Wisconsin's Public Records Law, Wis. Stat. §§19.31; 9.39 the toiiowing records (requests boicieci) in the possession of your office, in eiectronic format:

1. Considering random lot is required by Chapter 5, subchapter 11of the Wisconsin Statutes to determine order on the ballot and that the odds of three candidates . perceived as supporting the current administration all ending up on top of the ballot for the 6-person trustee race AivD the administration-supporting candidate at the top oi the ballot in the 2-person spring election race for village president alone is 1 in 40 (or 2.5%), which rises to a 1 in 50,400 chance (or about :::::0.00198%)that all of those things would happen purely by, random chance when including for the primary election preceding this one .(for the trustee race where there is now six candidates) there were seven candidates with the top four all being candidates perceived as supporting the current administration AND where the order on the primary ballot (not including the one administration-supporting candidate that was eliminated after the primary) is the same exact order for all six remaining candidates in what is now the spring election ballot -

a. regarding both the February 2025 primary ~lection and the April 2025 spring election! any basic records documenting any of the following:

1. The date, time, and location of the draws.

1. Any public notice given for the draws.

1. Who was present (including any witnesses).

2. The method used for determining ballot order (e.g., pulling names out of a hat, rolling dice, etc.).

3. The final order of candidates.

2. While you are under no obligationto do so, we would in addition accept any

context/explanationfor the ballot order.

2. Any correspondence (including, but not limited to, email and texts) between the Village of Arena Clerk/Treasurer DaNean Naeger and anyone regarding ballot order for either the February 2025 primary election or the April 2025 spring election.(including; but not limited to, those which would indicate that the clerk was following an order or directive in determining the final order of candidates on either ballot). Separatelyfrom this request we'd also, additionally,accept an explanationfor the improbableballot order.

Duplicates need not be removed. Likely unnecessary,but we are amenable to utilizing Google Drive, Dropbox or similar program to receive any large files electronicallyfrom the Village. Otherwise a zip fiieifoider is fine.

Wisconsin's Public Records Law states, in relevant part, "In recognitionof the fact that a representativegovernment is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible informationregarding the affairs of the governmentand the officiai acts of those officers and empioyeeswho represent them. Further, providingpersons with such informationis declared to be an essential function of a representativegovernment and an integral part of the routine duties of officers and employees whose responsibilityand duty is to provide such information." (

The law continues "To that end [the Public Records Law] shall be construed in every instance with the presumptionof compiete pubiic access consistent with the conduct of governmentaibusiness. The denial of access generally is contrary to the public interest and only in exceptionalcases can access be denied."

Wis. Stat. § 19.35(4)(a)states, "Each authority, upon request for any record, shall, as soon as practicableand without delay, either fill the request or notify the requester of the authority's determinationto deny the request in whole or in part and the reasons therefore." If my request is denied, piease do so in writing and state what part of the iaw you beiieve entities you to do so, and advise me of the process through which I may appeal. Wis. Stat. § 19.35(4)(a)

Please contact me if you have any questions regardingthis request, and thank you for your attention in this matter.

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

• editor@valleysentinelnews.com www.valleysentinelnews.com

Wisconsin Newspaper Association, Best DivisionE (2022)

From: Village Clerk <vilarena@villageofarena.net>

Sent: Monday,March 10, 2025 7:46 AM

To: Valley Sentinel <editor@valleY.sentinelnews.com>

Subject: RE: Elections

DaNeanNaeger, CMC/WCMC

Village Clerk/Treasurer

345 West St.

Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

Yilarena@vjllageofarena.net

www,villageofarenawi,gm!

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication.

E-mail correspondence to and from this address may be subject to the open records law and may be disclosed to outside parties.

From:Valley Sentinel <editor@vallev.sentinelnews.com>

Sent: Sunday, March 9, 2025 6:27 PM

To: Village Clerk/Treasurer <Vilarena@villageofarena.net>

Subject: Elections

Hi DaNean,

Could we get a list of all candidates that will appear on the ballot April 1 and for which respective offices?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com www.valleysentinelnews.com

WisconsinNewspaperAssociation,Bestio pjyjsjon E (2022)

March 26, 2025

DaNean Naeger

Wisconsin Elections Commission

Becca Uminowicz

345 West St. 373 Willow St. Arena, WI 53503 Arena, WI 53503

Sent via email to: vilarena@villageofarena.net, uminowiczbr@gmail.com

Re: Wis. Stat. § 5.06 Complaint Filed with the Wisconsin Elections Commission: Becca Uminowicz v. DaNean Naeger (EL 25–29)

Dear Ms. Uminowicz,

I am in receipt of the Wis. Stat. § 5.06 complaint you filed with the Wisconsin Elections Commission (Commission), received on March 21, 2025, naming Clerk DaNean Naeger as the respondent The administrative rules governing the Commission’s processing of complaints require that I review the complaint and determine within 10 business days whether the complaint is timely, is sufficient as to form, and states probable cause. Wis. Admin. Code § EL 20.04(1).

First, I am accepting the complaint regarding Clerk Naeger, a notice letter has been emailed to her along with this letter, and she will have until April 14, 2025, to respond. Second, while I find your complaint to be sufficient regarding form and to allege facts that could lead to a finding of probable cause by the Commission, your complaint is partially untimely under Wis. Stat. § 5.06(3). Therefore, I am partially returning the complaint to you without prejudice pursuant to Wis. Stat. § 5.06 and Wis. Admin. Code § EL 20.04(1) and (2).

Under Wis. Stat. § 5.06(3):

In no case may a complaint relating to nominations, qualifications of candidates or ballot preparation be filed later than 10 days after the complainant knew or should have known that a violation of law or abuse of discretion occurred or was proposed to occur.

To the extent that your complaint asks the Commission to consider whether Clerk Naeger’s procedural actions amount to a violation or an abuse of discretion that could be remedied for future elections, your complaint is timely, and a notice letter has been sent to the Respondent.

However, to the extent your complaint asks the Commission to issue an order regarding the ballot preparation for this election, your complaint is not timely under Wis. Stat. § 5.06(3). Your complaint does not allege when the municipal canvass took place or when the ballot order was certified by the municipal clerk to the county clerk, but under Wis. Stats. §§ 5.60(1)(b) and (5)(ar) and 10.06(3)(bm), that communication should have taken place no later than 3 days following the municipal canvass, which, under Wis. Stat. § 7.53(1)(a), could have been no later than Monday, February 24. Three days after

Wisconsin Elections Commissioners

Administrator

Meagan Wolfe

Monday, February 24 was Thursday, February 27. Thus, any complaint concerning ballot arrangement for the Spring Election could have been filed no later than 10 days following February 27, which was March 9, a Sunday. Due to the Sunday deadline, a complaint could have been filed by Monday, March 10. Wis. Stat. § 990.001(4)(b). Your complaint asking the Commission for an order altering ballot arrangement for the 2025 Spring Election was filed on March 21, making that request for relief untimely.

Conclusion

I am partially returning the complaint, without prejudice, pursuant to Wis. Admin. Code § EL 20.04(2), as it is not timely regarding your specific requests for relief. However, the complaint is sufficient regarding the general procedural issues raised, and the response is due on April 14. Because a timeliness issue cannot be corrected, a complaint regarding ballot order for the Spring Election can no longer be filed.

Sincerely,

Meagan Wolfe Administrator Wisconsin Elections Commission

cc: Members, Wisconsin

Elections Commission

March 26, 2025

DaNean Naeger

345 West St. Arena, WI 53503

Wisconsin Elections Commission

Sent via email to: vilarena@villageofarena.net

Re: Wis. Stat. § 5.06 Complaint Filed with the Wisconsin Elections Commission: Becca Uminowicz v. DaNean Naeger (EL 25–29)

Dear Clerk Naeger,

Attached to the email transmitting this notice, please find a formal Wisconsin Statute § 5.06 complaint filed with the Wisconsin Elections Commission (Commission) by Becca Uminowicz The complaint alleges that you did not properly order the Spring Election ballot in violation of Wis. Stats. §§ 5.58(1b)(cm) and 5.60(1)(b) and (5)(ar).

Individuals who believe the actions of an election official were contrary to an election law or were an abuse of discretion in applying an election law may file a complaint with the Commission. As the Respondent, you may now provide a sworn written response to the complaint within 13 business days of the date appearing on this letter, which is April 14, 2025. Your response should address the allegations raised in the complaint.

After you file your response, the Complainant may file a reply within 13 business days of the date that the Commission transmits your response to the Complainant. Once all allowable filings have been received, Commission staff will review the information and draft a decision letter for the Commission’s consideration and decision at an upcoming meeting.

You may file your response via email addressed to brandon.hunzicker@wisconsin.gov and elections@wi.gov so long as it is clear that the original document has been sworn before an individual that can administer oaths, like a notary public, or that it contains an unsworn declaration. You may also file the response via regular mail to the address listed in the header above. If you have any additional questions, please feel free to contact me at 608-267-0714 or with my email above.

Sincerely,

Brandon Hunzicker Staff Attorney WISCONSIN ELECTIONS COMMISSION

Cc: Meagan

Wolfe, Commission Administrator

Wisconsin Elections Commissioners

Official Election Complaint Form

Please select the statutory process that governs your complaint:

(~. 5:05 (ElectionLawViolation)

(e 5.06 (Violations by Election Officials or Appeals of Decisions of Election Officials) ( 5.061 (Help America Vote Act Violation) •

Please provide the following information about yourself.

Note: Anyone filing this complaint with you can add their information on a separate page (see page

Please provide the following information about the individual or individuals· whom you allege violated or improperly administered election laws:

Note: For 5.06 complaints, each respondent must be an election official. If there are multiple respondents, you can add their information on a separate page (see page 5).

Naeger,

App11cao1e::itatutes

Please cite each statute within Chapters 5 to 10 and 12 of the Wisconsin Statutes, as well as any other laws relating to elections, other than laws relating to campaign financing, that you allege were violated or improperly administered.

Note: The Commission cannot accept a complaint that does not cite specific provisions, including the correct subsections, of election law.

Wis. Stat.§ 5.58(1b)(cm ), Wis. Stat.§ 5.60(1)(b), Wis. Stat.§ 5.60(5)(ar)

A11egat1ons

Set forth in detail the facts that establish probable cause to believe that a violatior) occurred. Be as specific as possible as it relates to dates, times, individuals, and actions involved. Use as many separate pages as needed and attach copies of any supporting documentation, evidence, or affidavits.

See c:1.iic:1.c;hecluuc;um er1i.

I declare under penalty of fal~e swearing under the law of Wisconsin that the foregoing is true and ~orrect. Signed on the ,_a\ Iday of !March I, l202s Iat !Arena, Wisconsin (city or other location and state or country).

1,!Becca Raven Uminowicz l being first duly sworn, on oath, state that I personally read the above complaint, and that the above allegations are true based on my personal knowledge and, as to those stated on information and belief, I believe them to be true.

Note: Each complainant listed above in section 6b must have this form sworn before a notary or other official able to swear oaths.·

sworn to before me this day of, I Arc~?/?trpz~I.

(Signa e o erson authorized to administer oaths) My commission expires ori IDtf111O?'z>

Notary Public or.__ ______________ ___,(official title if not notary)

Please send this completed form to the Wisconsin. Elections Commission

Email: e!ectioos@wi.gov

Please put your name tmd "Complaint" in the email subject field

• !First Name I !Last Name I . !Residential Address I

!Mailing Address (if different) I ~elephone (optional) I !First Name I !Last Name I !Residential Address I IMailing Address (if different) I !Telephone (optional) I

!First Name I

Name I !Residential Address I !Mailing Address (if different) I !Telephone (optional) I

!Respondent Name I

IMailina Address I

ITelephone (if available) I

!Respondent Name I

!Mailing Address I

ITelephone (if available) I

!Respondent Name I

!Mailing Address I

!Telephone (if available) I

!Respondent Name I

!Mailing Address I

!Telephone (if available) I

!Respondent Title (5.06 complaints) I

!Email (if available) I

!Respondent Title (5.06 complaints) I

IEmail (if available) I'

!Respondent Title (5.06 complaints) I

!Email (if available) I

!Respondent Title (5.06 complaints) I

!Email (if available) I

This complaint alleges that the Village of Arena Clerk/Treasurer, DaNean Naeger, WCMC/CMC, violated Wisconsin election law by failing to conduct a second required drawing of lots for ballot order for the April 1, 2025, spring election, and - on information and belief - by administratively determining ballot order in a manner that disproportionately benefited administration-supported candidates. These actions violate Chapter 5 of the Wisconsin Statutes and raise significant concerns about the fair administration of elections in the Village of Arena. Regardless of whether this occurred by deliberate misconduct or not, it appears it was not done correctly and there is a duty to take corrective action.

1. FAILURETO CONDUCT A SECOND DRAWING OF LOTS FOR THE SPRING ELECTION

for ballot order and instead administratively set the ballot order in a manner that disproportionately benefited candidates aligned with the current village administration.

Under Wis. Stat. § 5.60(1)(b),when a primary election is held, a second random drawing is explicitly required to determine ballot order for the general election. However, instead of following this statutory requirement, Clerk Naeger simply renumbered the ballot from the prima1y election, omitting· the lowest vote-getter and maintaining the same candidate order, rather than conducting a new, legally required random draw. The official -record prepared by Clerk Naeger explicitly states, "In the event of a Primary, omitted _candidates shall be removed and order renumbered for the Spring Election," which strongly suggests that no second drawing occurred-an apparent direct violation of Wisconsin election law. \.\'hen requested to provide documentation of a second drawing, Clerk Naeger failed to do so, reinforcing the conclusion that the mandated second drawing was never conducted.

Under Wis. Stat. § 5.60(1)(b ), a second drawing of lots is explicitly required when a prima1y election is held for an office:

"...whenever a prima1y is held for an office, a 2nd drawing of all candidates for that office shall be held ..."

However, the Village Clerk, DaNean Naeger, failed to conduct the required second drawing for ballot order for the April 1, 2025; spring election following the Februa1y 18, 2025, prima1y. Instead, she unilaterally renumbered the ballot order based on the results of the primary election, rather than conducting a legally mandated new drawing of lots.

• · The official record of the drawing, prepared by Clerk Naeger, states: "In the event of a Primary, omitted candidates shall be removed and order renumbered for the Spring Election."

• When asked by the Valley Sentinel newspaper to provide documentation of any second drawing of lots, Clerk Naeger did not provide any such recordstating: "There are n<,>further public records for your request.", further reinforcing that the required drawing never took piace.

Thus, the ballot order for the April 1, 2025, spring election was not determined by a lawful, random process, but rather by an improper and unlawful administrative decision.

2. STATISTICAL IMPROBABILITY SUGGESTS AN IMPROPERLY ADMINISTEREDDRAWING

A statistical analysis of the ballot order suggests that even if a random draw had occurred as claimed, the results are highly improbable, raising concerns about the fairness of the • nrocess. In the Fehruarv 18. 202". nrimarv election. the first four candidates on the .&. ,I J. ,,I ballot-Tara Hill, Kevin Reimann, Brittany Carney, and Kathy Stoltz-are all perceived as supporters of the current village administration, whil~ the bottom three candidates-Steve Wilkinson, Joseph Hipsky, and Don Helt-are associated with the opposition. The probability of this outcome occurring by random chance is approximately 2.86% (1 in 35). After the primary election, Kevin Reimann, the lowest vote-gette1~ was

enillllld[eU, dllU rur [Ile J-\.lJl'l1 1, 2.u2.5, spnng e1ecuu11, [He rellldllllllg SIX CdllUlUd[eS appeared in the exact same order, minus Reimann. The probability of this happening by chance alone and without manipulation is even lower, and the failure to conduct a second drawing-an obligation under Wis. Stat.§ 5.60(1)(b)-only exacerbates the concerns.

Additionally, the Village President's race for the April election was also determined by lot l--••-•-·

UH J011UQ1 J':), ...:.u...:.::,, QL LUC ;,a111c 'L1111C a;, LUC 1111ua1 u1avv 111c, 1U1 LUC p11111a1 y, VV 1L11 LUC administration-supported candidate, Kathy Stoltz, being selected first. The probability of both the trustee ballot favoring administration-backed candidates and the

administration-backed village president candidate being randomly drawn first by chance alone is 1.43% (or precisely 1 in 70). If Clerk Naeger claims that she did, in fact, hold a second drawing and coincidentally received the identical ballot order, the probability of such an outcome occurring purely by random chance decreases to an astronomical 1 in 50,400 (or 0.00198%). These statistically improbable results, coml;>inedwith the clear failure to conduct a second drawing, strongly suggest that the ballot order was improperly determined, either intentionally or negligently, in violation of Wisconsin election law.

The resulting ballot order for the February 18, 2025, primary election for Village Trustee was as follows:

1. Tara Hill

2. Kevin Reimann

3. Brittany Carney

4. Kathy Stoltz

5. Steve Wilkinson

6. Joseph Hipsky

7. Don Helt

• The first four candidates (Tara HiU, Kevin Reimann, Brittany Carney, and Kathy Stoltz) are perceived as supportive of the current administration. Kevin Reimann is current village president Kate Reimann's son. Brittany Carney and l(~t-hu

Reimann's voting bloc, as evidenced by public statements and meeting minutes. Tara Hill has expressed public support for village president Kate Reimann.

• The last three candidates (Steve Wilkinson, Joseph Hipsky, and Don Helt) are perceived as opposition candidates. Steve Wilkinson and Don Helt are mPmhPrs of thP ArPnr1 C'nmmtmitv TP~m. whirh villr10-P nrPsiclPnt Kr1tP RPimr1nn's--

voting bloc treats in a hostile manner, as evidenced by WEC complaints and letters

to the editor in local newspapers -with Steve Wilkinson speaking ou_tin public comment during meetings against village president Kate Reimann's administration and being improperly disregarded when submitting a letter of interest ·fora vacant

• trustee seat. Joseph Hipsky has publicly expressed_suppo1t for a forensic audit of the village, which has been opposed by village president Kate Reimann's voting bloc since 2019.

• The probability ?f this outcome occurring by random chance alone is approximately 2.86% (or 1 in 35).

Following the primary, Kevin Reimann was eliminated as the lowest vote-getter. The .ballot order for trustees set by the clerk for the April 1, 2025, spring election (with the top three vote-getters being elected) is:

1. Tara Hill

2. Brittany Carney

3. Kathy Stoltz

4. Steve Wilkinson

5. Joseph Hipsky

6. Don Helt

This identical o_rdering (minus the eliminated candidate) violates Wis. Stat. § 5.60(1) (b), which mandates a new random drawing. Instead, Clerk Naeger merely renumbered the list without conducting a new drawing of lots.

Additionally, the Village President's race for the April 1, 2~25, election was also determined by lot at the same time as the trustee race. The administration-supported candidate for Village President, Kathy Stoltz, was ostensibly randomly selected to be listed first.

• The probability of both the trustee ballot order favoring administration-backed candidates AND the administration-backed village president candidate being drawn f:irst occurring by pure chance is approximately 1.43% ( or precisely 1 in 70).

These statistically improbable results, coupled with the failure to conduct a second drawing, raise serious concerns that the ballot order was determined improperly and not through a lawful and truly random process.

If the clerk claims that she did indeed draw lots a second time and got that identical ordering, the probability decreases to 1 in 50,400 odds (or about :::::0.00198%)that all of those things would happen purely by random chance.

Even if the improbable ballot order cannot be proven, the lack of a second drawing is sti~l a significant violation of Wisconsin statutes and corrective action needs to happen.

3. APPLICABLESTATUTESVIOLATED

Alleged Violation of Wis. Stat.§ 5.58(1b)(cm):

Under Wis. Stat. § 5.58(1b)(cm), any town or village that holds a primary election under Wis .. Stat. § 8.05 "shall arrange the ballot in accordance with the form prescribed_ by the nAmm;c,c,;,....,.rt

and (6), insofar as possible." This requirement necessarily includes following the second-drawing procedure mandated by Wis. Stat. § 5.60(1)(6) for an ·office that has appeared on a primary ballot.

In this case, the Village of Arena held a primary election on February 18, 2025, for the "ffirp "f\'11bCTP 'T'1•11<1tPP Arr"rrlinah, thP rl,:,rl,- ,AT:a<::"hliCT:atPrl t" l"()nrl11rt ;a O::Pl"()nrl rl1•:iu,inCT

of lots for ballot order and arrange the April 1, 2025, ballot in the same form as prescribed by§ 5.60(5). However, the Clerk simply "renumbered" the list without holding a second drawing, in direct conflict with the Commission's prescribed ballot format. Failing to follow ·the statutory procedure under § 5.60(1)(6) thus resulted in a ballot that was not "arranged in accordance" with§ 5.58(1b)(cm).

By disregarding the second-drawing requirement, the Clerk's process departed from the mandated random selection procedure, undermining the ve1y purpose of the statutory scheme and violating Wis. Stat. § 5.58(1b)(cm}. This deviation from a duly prescribed ballot format is another instance of improper administration of election laws and supports a finding that the ballot arrangement was neither validly nor lawfully adopted.

Alleged Violation of Wis. Stat.§ 5.60(1)(b):

Wis. Stat. § 5.60(1)(6) unambiguously requires that, "Whenever a prima1y is held for an office, a 2nd drawing of all candidates for that office shall be held ...to determine the arrangement of candidates on the election ballot." Despite the Villag~ of Arena holding a primary election for Village Trustee on Februa1y 18, 2025, the Clerk did not conduct any second drawing of iots before finaiizing the baiiot order for the Aprii 1, 2025, spring election. Instead, she merely removed the eliminated candidate and renumbered the existing list-an approach explicitly documented in her January 9, 2025, record.

By omitting the legally required second drawing, the Cletk failed to comply with the mandatory procedure set forth in § 5.60(1)(6). The requirement exists to ensure fairness and randomness in ballot placement, especially after a primary election. Ignoring this statutory step undermined the impa1tial administration of the election and improperly circumvented the process for finalizing candidate order. This violation fmther implicates other statutes, including Wis. S~at. § 5.58(1b)(cm), which demands that towns and villages strictly follow the ballot arrangement principles in 5.60.

Alleged Violation

of Wis. Stat.§ 5.60(5)(ar):

Wis. Stat. § 5.60(5)(ar) mandates that "[t]he offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. The names of the candidates shall be arranged by using the same method as that used by the commission under sub. (1)(6)." Subsection (1)(6) explicitly requires a second drawing of lots whenever a primary is held. Here, because the Village of Arena conducted a primary election on February 18, 2025, the Clerk was legally bound to replicate the method-i.e., performing a fresh random draw for the April 1, 2025, ballot.

Instead of following that prescribed method, the Clerk simply "renumbered" the candidates by removing the eliminated individ~al and reusing the original order, without conducting any new drawing of lots. This deviation shows that the ballot arrangement for Village Trustee was not carried out using the same method required under sub. (1)(6). Consequently, the Clerk's action falls short of Wis. Stat. § 5.60(5)(ar)'s clear directive and further demonstrates improper ballot administration and disregard for mandatory procedures.

4. STATEMENTOF INJURY

Status as a Village Resident and Trustee

I am a duly elected Trustee of the Village o~ Arena, serving a term not up for election in and receive official election services from the Village Clerk's office, including voter registration updates, absentee ballot administration, and other election-related matters.

Direct Impact of the Clerk's Duties

As both an elector and a trustee, I am "served by" the Clerk in her capacity as the local

second drawing of lots for ballot placement-directly affects my interests in fair and properly administered elections.

Supporter of Opposition Candidates

Although I am not on the ballot myself, I publicly supp01t several "down-ballot" candidates challenging the current administration's slate. These candidates were placed lower on the April 1 ballot solely due to the Clerk's failure to conduct the second drawing under Wi~. Stat. § 5.60(1)(b). This denial of a legally required random process likely conferred an unfair advantage on the administration-backed candidates.

Harm to Voting Rights and Representation

By renumbering the ballot order instead of conducting the mandatory second drawing, the Clerk compromised the fundamental fairness of the election. This not only undermines my right to pa1ticipate in a properly administered electoral process as a vote1~ but also erodes the representative nature of the Village Board on which I serve. An election outcoll).e tainted by improper procedures affects the composition of the very body with which I must work.

6. REQUESTFOR RELIEFUNDER WIS. STAT.§5.06

Pursuant to Wis. Stat. § 5.06, the Complainant respectfully requests that the Wisconsin Elections Commission (WEC) immediately iss~e an order or orders providing for the following corrective measures. These requests address urgent pre-April 1 needs,

ensure a fair and lawful election: •

Immediate Pre-April 1 Actions:

1. Conduct a Second Drawing and, If Feasible, Reprint Ballots: DirPc.t thP CIPrk to nnform thP IP1Ir11lvmr1ncfatPd sPmnd dmwinll of lots •

u fo1thwith. If time and resources permit, require the Village to use newly printed ballots reflecting the correct, random order for any remaining early-voting period and on Election Day. If reprinting is not possible for early-vote ballots already issued, at minimum require new ballots for Election Day itself and offer notice and replacement ballots to 1 , /

aosenree; eany vorers as pracncao1e.

2. Prominent Notices of the Ballot Dispute: If reprinting is infeasible, order the Clerk to post clear, WEC-approved notices at eve1y early-voting location, on the Village's official website, and at all polling places on Election Day, informing voters that the ballot order may be improper and is subject to a pending complaint.

3. Temporary Removal or Supervision of the Clerk:

Direct that Clerk Naeger be barred from fmther election-administration duties (including the issuance of in-person absentee ballots) pending resolution of this matter. Alternatively, appoint a neutral WEC official or other designee to supervise and/or co-administer any remaining pre-election tasks to prevent fmther violations.

4. Segregation and Oversight of Ballots:

Instruct the Clerk to maintain a record or log of all ballots already issued via early voting and to take steps to segregate or otherwise track those ballots so that the WEC can later determine if fu1ther remedial measures are required.

Election Day (April 1) Measures:

5. Independent Training/Oversight of Election Inspectors:

Require that the WEC-rather than the Clerk-provide ,instructions, training, and oversight of election inspectors for April 1, ensuring no fmther procedural deviations occur.

6. On.:.SiteWEC Observation:

Assign one or more WEC observers or deputies to monitor all polling places, particularly the handling of absentee ballots, to ensure proper chain of custody and accuracy in the tabulation process.

7. Mandatory Polling Place Notices:

Require that every polling station post a conspicuous notice that the ballot order is subject to an active complaint, so voters are informed of the potential irregularities.

Post-Election Day Remedies:

8. Prohibit or Delay Certification of the Contested Results:

Direct the Clerk and local canvassing board .not to ce1tify the contested race(s) until the Commission has completed its investigation and determined whether the omission of the second drawing undermined the elec'tion's validity.

9. Order a Special Election if Misconduct is Determinative:

If the Commission finds the violation so severe that it calls the election outcome into question, order a new election or special election for the affected race(s) to remedy the tainted result.

10. Future Compliance and Monitoring:

Mandate that Clerk Naeger strictly comply with all required election procedures in subsequent elections and authorize periodic WEC oversight or audits to ensure continued compliance, pa1ticularly regarding ballot-drawing requirements.

u. Training and Potential Disciplinary Action:

Require Clerk Naeger to complete a comprehensive refresher course on Wisconsin election law. Fmther, if the Commission concludes that the Clerk's actions were willful and egregious, refer the matter for possible

• disciplinary or enforcement measures as permitted by law.

12. Records Preservation:

Instruct the Clerk and Village officials to preserve all election-related

any future legal challenges related to these irregularities.

These remedies are necessa1y to protect the integrity of the April 1, 2025, election and all future elections in the Village of Arena. By granting these requests, the Commission will help ensure that the ·clerk's statuto1y duties under Wis. Stat. § 5.60(1)(b) and related

, _ pruv 1:siuu~ ctn:: pruu1puy ctuu 1uuy e1uu1-u::u, preve11u111:1,ctuy 1unuer 11ctnu LU u1e vuLer~, candidates, and the broader electoral process.

NOTICE

The Village of Arena will determine the arrangement of candidates on the election ballot on Thursday, January 9, 2025 at8:30 a.m.

DaNean Naeger, Village Clerk

Posted: January 7, 2025 .

Determining Ballot Order of Candidate Names

Date ofDrawing: Thursday, January 9, 2024@ 8:30 am (In the event ofa Primary, omitted candidates shall be removed and order renumbered for the Spring Election.)

Village President .....

-Ballot Order Drawn:

Ballot ID: 1103

VIiiage of Arena, Ward 1

Official Primary Ballot

Nonpartisan Office February 18, 2025

General Instructions

If you make a mistake on your ballot or have a question, ask an election inspector for help (absentee voters: contact your municipal clerk).

To vote for a name on the ballot, fill in the oval next to the name like this:e

To vote for a name that is not on the ballot, write the name on the line marked "write-In" and fill in the oval next to the name like this: e

SlateSuperintendent Votefor1

Jeff Wright

Brittany Kinser

Jill Underly write-in:

Municipal

VillageTrustee Votefornotmorethan3

Tara Hill

Kevin Reimann

Brittany Carney

Kathy Stoltz

Steve Wilkinson

Joseph Hipsky

Don Helt

write-in:

write-in;

Continue voting at top of next column.

Official Primary Ballot

Nonpartisan Office February 18, 2025 for Village of Arena, Ward 1 Iowa County

Ballot ID: 1103

Ballot Issued by Initials of election inspectors Absentee ballot issued by Initials of Municipal Clerk or Deputy Clerk

Inspectors: Identify ballots required to be remade:

Overvoted

this is the Original

Ballot ID: 2106

Village of Arena, Ward 1

Official Ballot

Nonpartisan Office and Referendum

April 1, 2025

General Instructions

If you make a mistake on your ballot or have a question, ask an election inspectorfor help (absentee voters: contact your municipal clerk).

To vote for a name on the ballot, fill in the oval next to the name like this: •

To vote for a name that is not on the

Municipal School District (Cont.)

VIiiagePresident Votefor1

Kathy Stoltz

Paul Pustina

write-in:

ballot, write the name on the line marked ,_____________

"write-In"and fill in the oval next to the name like this: •

State Superintendent of Public Instruction

StateSuperintendent Votefor1

Brittany Kinser

Jill Underly

write-in: Brad Schimel

Susan Crawford

VIiiageTrustee Votefornotmorethan3

Tara Hill

- Brittany Carney

Kathy Stoltz

Steve Wilkinson

Joseph Hipsky

- Don Hell

write-in:

SchoolDistrictof:RlverValley

SchoolBoardMember Area3 1---w_r_ite_-_in_:_________ votefor1

CourtofAppealsJudge District 4 Votefor1

SchoolBoardMember Area9 Votefor1

John D Bettinger

write-in: Referendum

To vote in favor of a question, fill in the oval next to "Yes," like this: e

To vote against a question, fill in the oval next to "No," like this: e

State

QUESTION1: "Photographic identlllcation for voling. Shall section 1m of article Ill of the constitution be created to require that voters present valid photographic identification verifying their identity in order to vote in any election, subject to exceptions which may be established by law?"

Yes

School District

REFERENDUM QUESTION

Shall the River Valley School District,

Jeffrey J Maier Sauk, Iowa, Richland and Dane Counties, Wisconsin, be authorized

O write-in: to exceed the revenue limit specified 1--------------in Section 121.91, Wisconsin

Jennifer Nashold SchoolBoardMember

write-in: Area6 ~------------;Vote for1

, Emily Beck

• Jess Hisel write-in:

Continue voting at top of next column. Continue voting at top of next column.

Statutes, by $4,150,000 for the 2025-2026 school year, by $4,750,000 for the 2026-2027 school year, and by $5,200,000 for the 2027 -2028 school year for non-recurring purposes consisting of paying the costs of maintaining educational programs and maintenance of the District?

Yes

RE: Elections

From Village Clerk <vilarena@villageofarena.net>

Date Mon 2025-03-17 9:28 AM

To Valley Sentinel <editor@valleysen_tinelnews.com>

There are no further public records for your request.

DaNean Naeger, CMC/WCMC

Village Clerk/Treasurer

Village of Arena

345 West St. Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

vilarena@villageofarena, net www.villageofarenawi.gQY

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication.

E-mail correspondence to and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Thursday, March 13, 2025 7:35 PM

To: Village Clerk <vilarena@villageofarena.net>.

Subject: Re: Elections

Thank you for sending along the first part of request 1. - do you have the second part regarding the lots for the April 1 election? Or did ballot order just carry over?

Did you have any responsive records for 2. for correspondence regarding ballot order?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@vallevsentinelnews.com www.vattevsentinelnews.com

Wisconsin NewspaperAssociation, Bestio DivisionE (2022)

From: Village Clerk <vilarena@villageofarena.net>

Sent: Wednesday, March 12, 2025 7:53 AM

To: Valley Sentinel <editor@valleysentinelnews.com>

Subject: RE: Elections

DaNeanNaeger, CMCIWCMC

Village Clerk/Treasurer

Village of Arena

345 West St.

Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

vilarena@vil!ageofarena.net

www.villageotarenawi.gm!

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication.

E-mail correspondence to and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleY.sentinelnews.com>

Sent: Tuesday,March 11, 2025 12:21 PM

To: Village Clerk <vilarena@villageofarena.net>

Subject: Re: Elections

Thank you DaNean;

We'd like to request, under the State of Wisconsin's Public Records Law, Wis. Stat. §§19.31i 9.39 the toiiowing records (requests boided) in the possession ot your office, in eiectronic format:

1. Considering random lot is required by Chapter 5, subchapter II of the Wisconsin Statutes to determine order on the ballot and that the odds of three candidates perceived as supporting the current administration all ending up on top of the ballot for the 6-person trustee race AivD the administration-supporting candidate at the top of the ballot in the 2-person spring election race for village president alone is 1 in 40 (or 2.5%), which rises to a 1 in 50,400 chance (or about ::::0.00198%)that all of those things would happen purely by random chance when including for the primary election preceding this one (for the trustee race where there is now six candidates) there were seven candidates with the too four all beina candidates oerceived as suooortina the I. current administration AND where the order on the primary ballot (not including the one administration-supporting candidate that was eliminated after the primary) is the same exact order for all six remaining candidates in what is now the spring election ballot -

a. regarding both the February 2025 primary election and the April 2025 spring election 1 any basic records documenting any of the following:

1. The date, time, and location of the draws.

1. Any public notice given for the draws.

1. Who was present (including any witnesses).

2. The method used for determining ballot order (e.g., pulling names out of a hat, rolling dice, etc.).

3. The final order of candidates.

2. While you are under no obligationto do so, we would in addition accept any ""'""'"~

context/explanationfor the ballot order.

2. Any correspondence (including, but not limited to, email and texts) between the Village of Arena Clerk/Treasurer DaNean Naeger and anyone regarding ballot order for either the February 2025 primary election or the April 2025 spring election (including, but not limited to, those which would indicate that the clerk was following an order or directive in determining the final order of candidates on either ballot). Separatelyfrom this request we'd also, additionally,accept an explanationfor the improbableballot order.

Duplicates need not be removed. Likely unnecessary, but we are amenable to utilizing Google Drive, Dropbox or similar program to receive any large files electronically from the Village. Otherwise a zip iiieijoider is jjne.

Wisconsin's Public Records Law states, in relevant part, "In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the ajjairs oj the government and the ojjiciai acts oj those ojjjcers and empioyees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility and duty is to provide such information."

The law continues 'To that end [the Public Records Law] shall be construed in every instance with the presumption oj compiete pubiic access consistent with the conduct oj governmentai business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied."

Wis. Stat. § 19.35(4)(a) states, "Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefore." If my request is denied, piease do so in writing and state what part of the iaw you beiieve entities you to do so, and advise me of the process through which I may appeal. Wis. Stat. § 19.35(4)(a)

Please contact me if you have any questions regarding this request, and thank you for your attention in this matter.

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@val/eysentinelnews.com

www.valleysentinelnews.com

Wisconsin Newspaper Association, Bestio DivisionE (2022)

From: Village Clerk <vilarena@villageofarena.net>

Sent: Monday,March 10, 2025 7:46 AM

To: Valley Sentinel <editor@valleY.sent1nelnews.com>

Subject: RE: Elections

DaNeanNaeger, CMC/WCMC

Village Clerk~reasurer

Village of Arena

345 West St.

Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

vilarena@viliageofarena, net

www,villageofarenawi,gm£

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply tQ only the sender of this electronic communication.

E-mail correspondence to and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleY.sentinelnews.com>

Sent: Sunday, March 9, 2025 6:27 PM .

To: Village Clerk/Treasurer <Vilarena@villageofarena.net>

Subject: Elections

Hi DaNean,

Could we get a list of all candidates that will appear on the ballot April 1 and for which respective offices?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com

www.val/eysentinelnews.com

Wisconsin NewspaperAssociation,Bestio Djyjsjon E (2022)