Overview

In Wisconsin, tabulation is the process of counting votes, including all votes cast at polling places and by absentee ballot, conducted by election officials on Election Day. Election officials may begin counting absentee ballots as soon as polls open on Election Day and may begin counting votes cast at polling places as soon as polls close that evening. Wis. Stat. Ann. §§ 6.88, 5.85. Votes cast in person during the early voting period are considered absentee ballots and are counted on Election Day along with mailed absentee ballots. Wis. Stat. Ann. § 6.88. Vote counting takes place at a polling place or a central counting location, depending on the municipality. Wis. Stat. Ann. § 5.85.

Election Day In-Person Vote Counting

In Wisconsin, municipalities can choose to conduct vote counting at each polling place or at a designated central counting location. In municipalities where a central counting location is not used, the procedure for tabulating votes at polling places by automatic tabulating equipment is under the direction of the Chief Inspector. Wis. Stat. Ann. § 5.87(1). In a municipality where a central counting location is used, the Municipal Clerk (or an election official designated by the Municipal Clerk) is responsible for proceedings at the central counting location. Wis. Stat. Ann. § 5.86(1). The employees at the central counting location must be equally divided between members of the two major political parties, and all duties must be performed by teams consisting of an equal number of members of each political party whenever possible. Wis. Stat. Ann. § 5.86(1).

All counting proceedings at any polling place or central counting location are open to the public. Wis. Stat. Ann. § 5.87.

Local Canvass

If the municipality does not use a central counting location, immediately after the polls close on Election Day, 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 this process, 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). 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). However, this is not the official canvass of the election results. Results for each race are not official until the appropriate Board of Canvassers (or the WEC for statewide offices) canvasses and certifies the results. “EAM” at 185.

If the municipality has designated a central counting location, counting may not occur at the polling place, except the counting of write-in votes and paper absentee ballots. Wis. Stat. Ann. § 5.85(1). Instead, the Municipal Clerk or two of the election officials take the ballots to the central counting location to be tabulated. Wis. Stat. Ann. § 5.85(5).

Equipment

In Wisconsin, municipalities may use different types of voting equipment. “EAM" at 141. Some municipalities use hand-counted paper ballots, some use optical scan equipment, some use direct recording electronic (“DRE”) equipment, and some use a combination. “EAM” at 141. However, municipalities with 7,500 residents or more are required to use electronic voting equipment that tabulates votes electronically and includes optical scan and DRE. Wis. Stat. Ann. § 5.40(1), 5.02(1c);EAM” at 141.

Counting Procedures

In municipalities where a central counting location is not used, the election officials examine ballots to determine if any ballot cannot be properly counted by the automatic tabulating equipment because it is damaged or defective. Wis. Stat. Ann. § 5.85(3). The election officials, in the presence of a witness, use one of the marking devices to make a duplicative ballot of all votes on that damaged or defective ballot. Wis. Stat. Ann. § 5.85(3). The election officials identify the duplicate ballots with serial numbers and place them in the container for the return of the ballots. Wis. Stat. Ann. § 5.85(3). The election officials preserve the original ballots with the duplicate ballots and deliver both to the Municipal Clerk. Wis. Stat. Ann. § 5.85(4).

At each central counting location, election officials first check the containers of ballots to determine that all seals are intact. Wis. Stat. Ann. § 5.86(2). Election officials then open the container and compare the number of ballots delivered against the total number of voters from each ward served by the polling place. Wis. Stat. Ann. § 5.86(2). Finally, they note any discrepancies between the number of ballots and the number of electors on a sheet and sign it. Wis. Stat. Ann. § 5.86(2).

Write-Ins

The election officials examine ballots or records of votes cast and count and tabulate any write-in votes. Wis. Stat. Ann. § 5.85(2)(a). The election officials then compare the write-in votes with the votes on the ballot to determine whether there is an overvote for any office. Wis. Stat. Ann. § 5.85(2)(a). Write-in votes not resulting in an overvote are counted, tallied, and recorded on a tally sheet. Wis. Stat. Ann. § 5.85(2)(c).

Delivery of Materials

If the municipality has designated a central counting location to be used to count ballots, the Election Inspectors place ballots and other materials into a container and immediately seal the container with an adhesive seal provided by the Municipal Clerk. Wis. Stat. Ann. § 5.85(5). Each of the Inspectors signs the seal. Wis. Stat. Ann. § 5.85(5). The Municipal Clerk or two of the election officials then immediately and “by the most direct route” take the container to the central counting location to be tabulated. Wis. Stat. Ann. § 5.85(5).

In municipalities that tabulate at the polling places, after the local canvass is complete, the Election Inspectors immediately deliver all ballots, statements, tally sheets, lists, and envelopes to the Municipal Clerk. Wis. Stat. Ann. § 7.51(5).

Absentee Ballot Processing and Vote Counting