Editor’s note: This story has been updated to include comments about Tuesday’s election, including a seat won by incumbent Megan Hartwick, from Fort Atkinson City Manager Rebecca Houseman LeMire.
By Kim McDarison
Three candidates whose names appeared on Tuesday’s ballot in the race for three seats on the Fort Atkinson City Council have advanced as top vote-getters, however one candidate, incumbent Megan Hartwick, had earlier withdrawn from the race.
Also on the ballot and running unopposed for one of the three city council seats, following Hartwick’s announcement of her plans to withdraw, was newcomer John Donohue who did not garner enough votes to earn a spot as one of the three top vote-getters.
Hartwick announced that she would be withdrawing from the race in February, after which time a statement released by Fort Atkinson city officials noted that Hartwick’s decision to withdraw was made after the spring election nomination papers were filed and the candidate qualified for inclusion on the ballot, meaning that although the candidate was no longer running, her name would appear on the April ballot.
In February, Hartwick wrote: “After much careful thought and consideration, analysis of my schedule and responsibilities, and many sleepless nights, I have decided to ‘officially’ withdraw myself from consideration for a seat on the Fort Atkinson City Council, and am respectfully asking residents to not vote for me on April 4th.
“I say ‘officially’ because I have learned that WI State Statute 8.35 does not allow a person’s name to be removed from an election ballot once nomination papers have been submitted, unless in the event of their death prior to the election.”
In her statement in February, Hartwick urged voters not to cast their ballots for her.
Also in February, city officials outlined steps that would be taken would Hartwick emerge Tuesday as a top vote-getter.
In that case, city officials noted, Hartwick would become elected, but would immediately resign, after which city council members could choose one of three options: appoint a successor to serve the remainder of the term; order a special election, or allow the seat to remain vacant until the April 2024 spring election, at which time new candidates could come forward to fill the one-year remainder of the term.
City council members serve at-large and for two-year terms.
Within the February release, city officials noted that the city council elected on April 4 and seated on April 18 would become the deciding body and determine which of the three actions the city council might take. The decision would be made during a public meeting after the candidate resigned.
Unofficial results from Tuesday’s election released by the Jefferson County clerk show that incumbent Mason Becker was the top vote-getter, earning some 2,163 votes, representing 18.41% of the electorate; newcomer Kyle J. Jaeckel garnered 1,979 votes placed by 16.85% of the electorate; Hartwick received 1,758 votes from 14.97% of the electorate, and newcomer John Donohue earned 1,561 votes, representing 13.29% of the electorate.
Members of the electorate casting votes to fill three seats on the Fort Atkinson City Council reside within the city in Wards 1-13.
Fort Atkinson Online contacted City Manager Rebecca Houseman LeMire by phone and email with questions to learn more details about next steps regarding the seat won by Hartwick.
LeMire, in a phone interview Wednesday, said that she wanted to make clear that as of Wednesday she had not been made aware by Hartwick of her plans regarding the seat.
“Four names were on the ballot and three of them were the high vote-getters,” LeMire said.
New council members will take the oath of office on April 18, she added.
“If she (Hartwick) resigns, we have a couple of weeks before that agenda happens. I don’t know what will be on that agenda. It depends on what kind of conversation Megan and I have on the 18th,” she said.
Would Hartwick make the decision to resign her seat, and if an action item is placed on the April 18 agenda, and the council chooses to appoint a council member, LeMire said: “I would anticipate there would be some sort of application process and names for council to consider,” and, along with that, she said, a way for the public to submit names for consideration.
LeMire noted that anyone within the city who is eligible to run for city council also would be eligible to submit an application to be considered for appointment to council.
Relative to Harwick’s name appearing on the ballot, she said: “The statutes are clear: when submitting paperwork, you cannot remove a name from the ballot other than in the case of death.” Regarding withdrawal of candidacy, she said: “There was never an option for that.
“If the council chooses to appoint a successor, they would review any applications submitted and move forward,” she said, adding that whether appearing on an earlier ballot would garner any special support would be up to the council.
LeMire said the council would meet before April 18, but, as of Wednesday afternoon, that agenda had not yet been created.
“We need to have a more internal conversation,” LeMire said, relative to items regarding Hartwick’s election on Tuesday that might be placed on the upcoming agenda.
“If Megan is indeed planning to resign, I need to know that moving forward,” she said, adding that an item regarding a possible resignation could appear on the next agenda.
Fort Atkinson Online has contacted Hartwick by phone with hopes of obtaining a statement regarding her victory Tuesday and thoughts about resignation. This story will be updated upon receipt of her response. (Hartwick released a statement to the media, reaffirming her February statement of withdrawal, Wednesday afternoon. Her statement is here: https://fortatkinsononline.com/hartwick-thanks-voters-reaffirms-february-withdrawal-from-april-4-race/.)
Responding to questions by phone, Donohue said that while no one from the city had reached out to him by Wednesday afternoon, he did speak with City Clerk Michelle Ebbert by phone.
Said Donohue: “I would like to see a written statement that she (Hartwick) in fact would relinquish her seat and I would like to see from Michelle Ebbert a published certification of the election that formally and legally indicates who actually won the three seats.”
Donohue said that he did not see the process undertaken thus far as in any way controversial because, “the voters voiced their preference, and Megan (Hartwick) is an incredibly capable and competent public official and public servant.
“I have no problem with the people expressing their opinion with their vote.”
While Donohue said he was aware of Hartwick’s statement noting that she would resign if she won the seat, he said he also was aware that she might conceivably change her mind and continue in her role as a city council member.
Given the statement made in February by Hartwick, Donohue said: “I would think she might want to take the initiative to reach out to city hall and wish to express once again that ‘I am conceding election and my statement in February stands.’
“I’ll let the law and statutes govern what happens next.”
Considering the three options outlined by city officials in February to fill the seat would Hartwick emerge as a top vote-getter, Donohue said that he would be interested in receiving the seat through appointment or by running again in a special or future general election.
“I would want to be formally appointed if that is an option,” he said, adding: “I am anticipating that the way voting came out Tuesday, I would be next in line, and I would be interested in taking that seat,” he said.
An earlier story outlining options would Hartwick become elected Tuesday by voters is here: https://fortatkinsononline.com/hartwick-withdraws-name-remains-on-ballot-city-outlines-possible-outcomes/.
A statement shared with the media by Hartwick in February is here: https://fortatkinsononline.com/hartwick-withdraws-from-city-council-race/.
Megan Hartwick
John Donohue
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