Following each general election, Wisconsin law requires the Wisconsin Elections Commission to audit the performance of each voting system used in the state through a hand count of electronically tallied ballots. [1] Wis. Stat. Ann. § 7.08(6); “EAM” at 150. Municipalities and counties may choose to conduct audits in addition to the required audit. “EAM” at 150.
For the statutorily required audit, the WEC must randomly select at least 5% of statewide reporting units to include in the audit. “EAM” at 150. The selection must include at least five reporting units for each type of voting system used in the state. “EAM” at 150. The WEC also must capture a minimum of one reporting unit from each of the state’s 72 counties in the audit. “EAM” at 150–151. **The WEC’s audit covers four contests on the ballot. “EAM” at 151. The audit automatically includes the highest office on the ballot, either President or Governor. “EAM” at 151. The WEC draws the remaining three contests by lot from all other contests on every ballot statewide. “EAM” at 151. Because no more than a third of ballots statewide ever contain the office of State Senator at one time, the WEC ensures that this office is subject to audit by choosing an alternate contest to be audited for reporting units without a State Senator on the ballot. “EAM” at 151.
By the Wednesday after the general election, the WEC must select reporting units and contests to be audited and must notify Municipal and County Clerks who will be subject to the audit. “EAM” at 151. Audits must be completed on or before the last Wednesday in November. “EAM” at 151. The WEC can grant extensions for cause on a case-by-case basis. “EAM” at 151.
The WEC provides a list of procedures, instructions, and documentation forms to the municipalities selected for the audit. “EAM” at 152.
Election officials in municipalities with reporting units selected for audit conduct the audit. The Municipal Clerk and the County Clerk may choose to have county election officials conduct the audit instead of the municipality. “EAM” at 151. The audit procedure is overseen by the WEC. “EAM” at 151. After an audit is completed, audit materials are submitted to the WEC for review, and any discrepancies are investigated by the WEC. “Voting Equipment Security.” The WEC may also, at its sole discretion, retest any voting system contained in the audit. “Voting Equipment Security.”
The WEC provides a list of procedures, instructions, and documentation forms to the municipalities selected for the audit. “EAM” at 152. Generally, two auditors conduct independent counts of the ballots as the equipment would have counted them. “EAM” at 152. **In other words, the auditors do not consider voter intent. “EAM” at 152. The two counts are compared and reconciled and then compared to the election night results. “EAM” at 152. Each municipality submits the audit results with any discrepancies noted to the WEC. “EAM” at 152. The WEC then requests that the voting equipment vendor investigate and explain any discrepancies found between the voting equipment tally and the paper tally. “EAM” at 152. If the vendor fails to reply with a sufficient explanation within 30 days, the WEC can suspend approval of that vendor in the state. “EAM” at 152. In addition, the WEC can, at its discretion, retest the voting equipment as a condition of the continuation of approval of the system. “EAM” at 152.
Audits are public meetings with required public notice of at least 48 hours in advance. “EAM” at 152.