Caitlin Bernardi, the appointed city clerk for Wausau, testified that she directed Department of Public Works staff to deploy and secure an absentee ballot drop box in front of City Hall for the Nov. 5, 2024 election and that Mayor Doug Denny later removed the box and kept it in his office before returning it to the clerk’s custody.

Bernardi said she had decided to redeploy the box after a July 2024 Wisconsin Supreme Court decision restored clerks’ authority to use secure drop boxes and that the city intended to have the unit secured and operational by Monday, Sept. 30. "I directed DPW staff on Monday ... to secure the box as planned ... before the box was open for people to return their absentee ballots, and that it was secured to the ground," Bernardi told the panel.

The clerk said the box was placed outside City Hall on Thursday, Sept. 19; at that time it was locked and labeled "kiosk closed," and she said no ballots were inside. "Since the drop box was closed and locked, no ballots could be accepted," Bernardi said in an official statement she issued after the unit went missing.

Bernardi testified that, after placing the box outside, she tried to notify the mayor as a courtesy because she expected he would object; she said she did not authorize anyone to remove the box and did not deputize the mayor to act as her representative. "I did not direct the mayor to remove the drop box," she said.

According to Bernardi, the mayor emailed her on Sunday, Sept. 29, saying the box was in the basement and back under her control. Bernardi said she reported the removal as an election irregularity to Marathon County District Attorney Teresa Whetstone and to the Wisconsin Elections Commission under state election law; she later worked with DPW to secure the drop box to the sidewalk on Monday, Sept. 30.

Bernardi described steps she and staff took before deployment: consulting Wisconsin Elections Commission guidance, confirming camera coverage and lighting, arranging to have the unit rewrapped and fitted with functioning locks, and planning regular, documented collections. She said timing constraints — including that absentee ballots for contests with federal candidates must be mailed 47 days before the election — influenced how quickly the clerk’s office could make operational changes after court rulings.

Members of the panel pressed Bernardi about who had authority over election administration decisions. She testified that state law and WEC guidance leave certain operational discretion to municipal clerks and that she considered input from the mayor, common council members and other clerks when deciding to deploy a drop box. At the same time she acknowledged the mayor’s supervisory role over appointed officers: she testified she reports day-to-day to a direct supervisor in the finance office and that the mayor is the city’s chief executive.

Panel members also reviewed security footage and still images Bernardi provided showing the box in place, the nearby silver payment box used previously for non‑ballot city payments, and later images after additional lighting and a different camera were installed following public concern. Bernardi said DPW staff verified the box was empty, the locks were functioning and the box was bolted before opening it for public use on Sept. 30.

The city attorney and other staff worked with Bernardi on legal guidance and a proposed council resolution approving the clerk’s decision to use an absentee ballot drop box for November. Bernardi said she drafted a resolution at the mayor’s request but that she was uncomfortable needing council authorization because she believed state law vests the decision in the municipal clerk.

No formal vote on a resolution or ordinance was recorded in the panel’s transcript during Bernardi’s testimony. The clerk’s testimony and submitted documents led the panel to make a record of the removal, the clerk’s attempts to deploy a secure, documented drop‑box process and the subsequent referral to the district attorney for investigation.

The hearing closed after questioning and Bernardi was excused; members said they would distribute copies of the exhibits and consider next steps.