This memorandum was updated on October 30 to include important details for counties and municipalities which count their absentee ballots at a central location.
The Wisconsin Elections Commission has prepared the following guidance for local election officials as they prepare for the November 3, 2020 Presidential Election. Clerks have asked WEC to provide guidance on end-of-night procedures and results reporting for a high turnout election and considering the increased volume of absentee ballots. Voter behavior has changed significantly in 2020, from a historical average of only 6% of voters participating using absentee by-mail to rates of 60%-80% of by-mail voting in recent elections in 2020. The statutory parameters for election night and results reporting, however, remain the same and do not provide exceptions to account for some of the situations expected to occur on election night. The WEC does not have the authority to modify any statutory requirements related to election night. For example, WEC cannot extend the timeline for ballots to be counted, nor can WEC allow clerks to begin tallying ballots prior to election day; those changes would require an act of the legislature or intervention of a Court. WEC can only provide answers to clerk’s questions by outlining the statutory requirements and providing guidance within those parameters.
This memo will outline the statutory framework to answer questions related to timeline requirements of tallying votes, requirements and best practices for results reporting, security best practices, and guidance on how to communicate these requirements to the public to set realistic expectations. Ultimately, there is little flexibility in some of the statutory provisions around these topics. Namely, the statutes do not allow for local election officials to adjourn and reconvene when tallying votes on election night. There are also specific requirements on how and when unofficial results shall be reported, both from polling places and from central count facilities. Throughout this guidance you will also see an emphasis on transparency. Communicating the complexities of election tallies and results reporting and providing a window for the public into the process is key to a successful election night. While this document will not answer every specific question local election officials may have as they embark on tallying and canvassing, it is designed to outline the relevant statutory framework so that each municipality and board of canvassers can make decisions on election night and after election day in accordance with law.
Please do not hesitate to contact us at (608)261-2028 or at @email with any questions you may have.