(The Center Square) – A complaint was filed against the Milwaukee Elections Commission for its handling of the Aug. 11 primary after the Wisconsin Elections Commission chose not to investigate the issues further.

The complaint, filed by observer Justin Gavery and the Center for Election Confidence, stems from the MEC’s admission that a team led by its deputy director mistakenly selected and downloaded an audit log instead of election results on five of nine tabulators at its central count facility on the state’s primary election night, leading to a delay in reporting unofficial results.

It claims that the issues are part of a “pattern of failures” that include not providing advance notice of a meeting of the board of absentee ballot canvassers and a meeting for a pre-election public test of tabulators along with preventing observers to see ballot handling in blocked off areas of the Milwaukee central count.

“The Commission had two opportunities (at its August 31 and September 9 meetings) to hold MEC accountable,” the complaint said. “On August 31, it decided to send a “polite” letter; and on September 9, rather than open its own investigation into MEC's results-transmission failure, the Commission’s response was to ‘just move on.’

“A letter is not an order, and moving on is not oversight. This Complaint is now necessary because the body charged with oversight of MEC has chosen to look away with the General Election bearing down.”

The complaint said that windows at central count that allowed a view of ballot-handling rooms at central count were covered or obscured at first and have now been walled off to eliminate observation of ballot activities.

“The Wisconsin Elections Commission must step in and finally hold the City of Milwaukee accountable,” attorney Nicholas J. Boerke of Chalmers, Adams, Backer & Wallen, who represents Gavery, said in a statement. “It is quite concerning that Milwaukee’s long history of election administration failures has continued without substantive reform or change. The voters of Milwaukee deserve better.”