The canvass is the official tally of votes for the election, with the purpose of accounting for every ballot cast and ensuring that every valid ballot is included in the vote totals. In Wisconsin, there are several levels of canvassing. The Local Board of Canvassers canvasses ballots at each polling place on election night and sends returns to the Municipal Clerk. The Municipal Board of Canvassers canvasses results for municipal offices and referenda and sends returns to the County Clerk. The County Board of Canvassers canvasses county, state, and federal offices and referenda. Ultimately, upon receiving returns from counties, the Wisconsin Elections Commission (“WEC”) canvasses state and federal election results and issues final certification.
Immediately after the polls close on Election Day, the local canvass takes place at each polling place. Wis. Stat. Ann. § 7.51(1). The polling place’s Election Inspectors serve as the Local Board of Canvassers. Wis. Stat. Ann. § 7.51(1). During this process, the Election Inspectors canvass all votes received at the polling place, compare poll lists, tally results from voting machines, count write-in votes, count paper ballots, secure ballots, report election returns to the Municipal Clerk, and transport ballots and other materials to the Municipal Clerk. Wis. Stat. Ann. §§ 5.85, 7.51. As part of the local canvass, the Election Inspectors complete a statement and tally sheet stating the total number of votes cast for each office. At least three Election Inspectors, including at least one from each political party, certify the correctness of the statement and tally sheet and announce the results to the public. Wis. Stat. Ann. § 7.51(4)(a). The Election Inspectors also process and count absentee ballots in places where central absentee processing centers are not used. Wis. Stat. Ann. § 6.88. The local canvass is conducted publicly. Wis. Stat. Ann. § 7.51(1). On election night, the municipality must report returns to the County Clerk no later than two hours after votes are tabulated. Wis. Stat. Ann. § 7.51(4)(c).
Though the Local Board of Canvassers canvasses and counts the votes on election night, the official results of the election for each office are not determined until the completion of the canvasses of the Municipal or County Boards of Canvassers, or the WEC, depending on the office. “EAM” at 186.
The Municipal Board of Canvassers is responsible for canvassing the results of all contests on the ballot and certifying the results of municipal offices and referenda. Wis. Stat. Ann. § 7.53(1), (2). The Municipal Board of Canvassers is composed of either the Election Inspectors assigned to a polling place or the Municipal Clerk and two individuals appointed by the Municipal Clerk. Wis. Stat. Ann. § 7.53(1).
In municipalities with only one polling place, the Election Inspectors comprise the Municipal Board of Canvassers and conduct the municipal canvass and make their initial determination on election night. [1] Wis. Stat. Ann. § 7.53(1); “EAM” at 186. During canvassing, the Election Inspectors complete the return statement for all votes cast at the polling place. Wis. Stat. Ann. § 7.53(1). The canvass continues without adjournment until the canvass of all ballots cast or received on or before Election Day is completed. Wis. Stat. Ann. § 7.53(1). The Election Inspectors reconvene as the Municipal Board of Canvassers no later than 9 a.m. on the Monday following the election to process provisional ballots, if any were cast. Wis. Stat. Ann. § 7.53(1); “EAM” at 186.
In municipalities containing two or more polling places, the Municipal Board of Canvassers is composed of the Municipal Clerk and two other qualified electors appointed by the Municipal Clerk. Wis. Stat. Ann. § 7.53(2)(a)(1). In these municipalities, the canvass must begin no earlier than the time the Municipal Board of Canvassers receives the returns from all polling places on election night and no later than 9 a.m. on the following Monday. Wis. Stat. Ann. § 7.53(2)(d); “EAM” at 186–187.
If a municipality chooses to use central processing for absentee ballots, the Board of Absentee Ballot Canvassers convenes to publicly canvass all absentee ballots received by the Municipal Clerk by the time polls close. Wis. Stat. Ann. § 7.52(1)(a).
The Board of Absentee Ballot Canvassers meets any time after the opening of polls and before 10 p.m. on Election Day. Wis. Stat. Ann. § 7.52(1)(a). The Board of Absentee Ballot Canvassers completes a statement, certifies the statement, publicly announces the results, and delivers the statement to the Municipal Clerk. Wis. Stat. Ann. § 7.52(7)–(8).
After each election, the Municipal Board of Canvassers prepares a statement showing the names of the persons elected to each municipal office and the results of each municipal referendum. Wis. Stat. Ann. § 7.53(2)(d). The Municipal Board of Canvassers then files the statement with the Municipal Clerk (or the Board of Election Commissioners in Milwaukee). Wis. Stat. Ann. § 7.53(2)(d).
As soon as the deadline for filing a petition for a recount has passed, the Municipal Clerk issues a certificate of election to each person elected to a municipal office. Wis. Stat. Ann. § 7.53(4). If a recount has been requested, the Municipal Clerk issues the certificate after the recount has been completed and any appeal has been decided or the deadline for appeal has passed. Wis. Stat. Ann. § 7.53(4).
Meetings of the Municipal Board of Canvassers must be conducted publicly. Wis. Stat. Ann. §§ 7.53(1), (2)(d),7.52(1)(a). Any member of the public may be present at any polling place, at the office of the Municipal Clerk on days when absentee ballots may be cast in that office, and at any alternative absentee ballot site. Wis. Stat. Ann. § 7.41(1). The Chief Election Inspector or the Municipal Clerk may reasonably limit the number of persons representing the same organization who are permitted to observe at the same time. Wis. Stat. Ann. § 7.41(1). For more, see Observers.
The County Board of Canvassers canvasses the results received from municipalities and certifies results for county offices. The County Board of Canvassers consists of the County Clerk and two qualified electors of the county appointed by the County Clerk. Wis. Stat. Ann. § 7.60(2).