State Summary
Wisconsin’s audit statute is not binding upon election results and cannot be expanded to a full recount. The audit’s only statutory purpose is to determine the error rate of the voting system. The number or percentage of reporting units included in the audit has varied over time. In 2024, the Wisconsin Elections Commission (WEC) plans to randomly select 10% of reporting units for audit. Ballots in these reporting units are hand counted, with at least one audit conducted in each county. In 2018, the audit was moved to precede certification, though current WEC policy potentially allows audits to be completed after certification if any statewide contests are eligible for a recount. 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures, starting on p. 14. (The proposed audit procedures were formally adopted by the WEC in October 2024.) The WEC administers the audit.
Unless otherwise specified, statutory references are to Wis. Stat. § 7.08(6).
Voting Systems Used
Nearly all jurisdictions use hand-marked paper ballots, with most providing ballot marking devices (BMDs) for accessibility and others offering direct recording electronic (DRE) voting machines with Voter Verified Paper Audit Trail (VVPAT) printers for accessibility. Most jurisdictions in Wisconsin tabulate ballots using optical scanners, though some jurisdictions with a small number of registered voters hand count ballots. For the most up to date information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
Many but not all machine-tabulated ballots are subject to audit. No mention is made of absentee or provisional ballots in the statute governing audits. However, the 2022 Post-Election Voting Equipment Audit Final Report does note that central count tabulators, including those used for absentee ballots, were among the types of equipment audited. The statute only requires that each electronic voting system used in the state be audited.
For 2024, the WEC plans to audit 10% of reporting units. The WEC utilizes a tiered system for selecting reporting units based on the size of the municipality. In 2024, a maximum of four reporting units are eligible for selection in Wisconsin’s two largest municipalities. Three reporting units could be selected in the next 20 most populous municipalities, and a maximum of one reporting unit could be selected in all remaining reporting units in the state. Municipalities are selected randomly. At least one audit is conducted in each of Wisconsin’s 72 counties, and a minimum of five reporting units are selected for each piece of voting equipment that records and tabulates votes. 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures, p. 16.
Transparency
The audit is open to the public. 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures, p. 22. The statute does not explicitly require the WEC to publish results. In practice, it has done so, although not promptly after the audit is completed. The results for the audit of the 2022 general election were presented at the February 2023 WEC meeting.
Audit Counting Method
The audit is conducted using a hand count only.
Type Of Audit Units
Wisconsin audits reporting units, defined as “the ward, combination of wards, or other districts by which votes are tallied.” 2022 Post-Election Voting Equipment Audit Procedures.
Contests & Issues Audited
The audit is only conducted after general elections. Generally, three contests are randomly selected for audit, with all statewide and legislative contests included as possible selections. The top contest on the ballot, which in 2024 is the presidential contest, is included automatically as the fourth audited contest. 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures, p. 17.
Addressing Discrepancies
The purpose of the audit is to “audit the performance of each voting system used in this state to determine the error rate of the system in counting ballots that are validly cast by electors.” Wis. Stat. § 7.08(6). If the error rate exceeds the rate permitted under standards of the federal election commission in effect on October 29, 2002, “the commission shall take remedial action and order remedial action to be taken by affected counties and municipalities to ensure compliance with the standards.” Wis. Stat. § 7.08(6). In determining the voting system error rate, votes are counted as the voting equipment would have counted them. Auditors are directed not to consider voter intent when conducting the audit. 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures, p. 22.
The audit is not expanded. In the event that a discrepancy between the machine tally and the paper record tally cannot be reasonably explained, the WEC “may request that the voting equipment manufacturer investigate and explain the reasons for any differences between the machine tally and the paper record tally.” 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures, p. 23. The WEC may then decide to suspend approval of any equipment from any vendor that cannot provide adequate explanations for the discrepancies within 30 days of notification.
For recount laws, please visit our Recount Law Database.
Timeline
In general, the audit must be completed prior to certification. However in 2022 and again in 2024, the WEC adopted a policy that potentially allows the audit to be completed after certification if any statewide contests are eligible for a recount. More details are available in the 2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures under “Audit Completion Timeline and Recount Considerations.”
Binding On Official Outcomes
Wisconsin’s audit is not binding upon election results and cannot be expanded to a full recount. The audit’s only statutory purpose is to determine the error rate of the voting system.
Oversight & Conduct
The WEC oversees the audits while local election officials conduct the audits.
Ballot Protection
During the post-election canvass, inspectors place all ballots they’ve counted in a sealed envelope, which, along with ballots marked “defective” are secured in a locked or sealed ballot container. Wis. Stat. § 7.51(3)(a). All provisional ballots are placed into a separate, sealed envelope, which is signed by the chief inspector and two other inspectors but not placed into the ballot container. The inspectors then deliver the ballots to the municipal clerk. Wis. Stat. § 7.51(3)(a).
Additional Targeted Samples
There is no statutory guidance providing for additional targeted samples.
Resources
Wis. Stat. § 7.08(6): Audit statute
2024 Post-Election Electronic Voting Equipment Proposed Guidelines and Procedures
2022 Post-Election Voting Equipment Audit Procedures
Wis. Stat. § 7.51(3)(a): Ballot protection
Last updated: October 15, 2024