Clerk will not face criminal charges from problems with the April election

CREATED Sep. 28, 2011

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WAUKESHA- Waukesha County Clerk Kathy Nickolaus will not face any criminal charges in the problems with the April election, but the Government Accountability Board investigators say she needs to make improvements.

The attorney investigating for the GAB says it "appears to be either an honest mistake or ineffectiveness. Her conduct does not appear to rise to the level of conduct that can be described as willful neglect or refusal to comply with the law."

The GAB report went on to say there were no problems with the actual votes.  While the GAB is not asking for any criminal charges, they are asking Nickolaus to improve.

"Steps must be taken to correct the failure in order to prevent it from recurring, and to restore public confidence and trust in the administration of elections," said GAB Chairperson Thomas H. Barland.

Nickolaus said in a statement, "I will honor all Government Accountability Board recommendations by working with their staff on writing procedural documentation and look forward to rebuilding the trust of Waukesha County residents."

The Waukesha County Democratic Party says they won't fight the GAB report, but there is something they can do.

"We intend to run a candidate against her," said Waukesha County Chairman Victor Weer.

Nickolaus is up for re-election next year. We reached out to both the Waukesha County Republicans and the state GOP, neither would comment on the GAB's findings.