Wisconsin Code § 7.53

Municipal canvass
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(1) MUNICIPALITIES WITH ONE
POLLING PLACE. (a) Where the municipality constitutes one
ward or combines all wards to utilize a single polling place under
s. 5.15 (6) (b) , the canvass of the votes cast at the polling place
shall be conducted publicly under s. 7.51 and the inspectors, other
than any inspector appointed under s. 7.30 (1) (b), shall act as the
municipal board of canvassers. The inspectors shall then complete the return statement for all votes cast at the polling place. If
there are no provisional ballots that are eligible to be counted under s. 6.97 and no absentee ballots are being canvassed under s.
7.52, the inspectors may complete and sign the canvass statement
and determination on election night. In municipalities where absentee ballots are canvassed under s. 7.52, after the canvass of the
absentee ballots is completed under s. 7.52, the board of absentee
ballot canvassers shall reconcile the poll list of the electors who
vote by absentee ballot with the corresponding poll list of the
electors who vote in person to ensure that no elector is allowed to
cast more than one ballot. If an elector who votes in person has
submitted an absentee ballot, the absentee ballot is void. Except
as authorized in par. (b), if one or more electors of the municipality have cast provisional ballots that are eligible to be counted under s. 6.97, the inspectors, acting as the board of canvassers, shall

reconvene no later than 9 a.m. on the Monday after the election to
count the valid provisional ballots and shall adjust the returns accordingly. The inspectors, acting as the board of canvassers, need
not reconvene if the municipal clerk certifies that he or she has received no provisional ballots from the time that the board of canvassers completed the initial canvass and 4 p.m. on the Friday after the election. Upon completion of the canvass under this paragraph and any canvass that is conducted under s. 7.52 and ascertainment of the results by the inspectors or, in municipalities
where absentee ballots are canvassed under s. 7.52, by the inspectors and the board of absentee ballot canvassers, the municipal
clerk shall publicly read to the inspectors or the board of absentee
ballot canvassers the names of the persons voted for and the number of votes for each person for each municipal office, the names
of the persons declared by the inspectors or board of absentee
ballot canvassers to have won nomination or election to each municipal office, and the number of votes cast for and against each
municipal referendum question.
(b) Solely for purposes of the reconvention of a board of canvassers under par. (a) for a specific election, the municipal clerk
may determine to replace the members of the board of canvassers
with a 3-member board of canvassers consisting of the clerk, the
chief inspector, and one other inspector who shall be appointed
by the clerk. If the municipal clerk is a candidate at the election
being canvassed or is unable to serve, the other 2 members shall
appoint a qualified elector of the municipality to serve in place of
the clerk. If one of the other members is unable to serve, the municipal clerk shall appoint a qualified elector of the municipality
to serve in place of that member. The person or persons making
any appointment under this paragraph shall do so by letter which
shall be signed by the person or persons, dated, and filed in the
office of the municipal clerk. Upon the appointment and qualification of all members, the reconstituted board of canvassers shall
then reconvene and carry out its responsibilities under par. (a).
(2) MUNICIPALITIES WITH 2 OR MORE WARDS. (a) 1. Except
as provided in par. (c), the municipal board of canvassers for municipal elections in each municipality utilizing more than one
polling place shall be composed of the municipal clerk and 2
other qualified electors of the municipality appointed by the
clerk. The members of the board of canvassers shall serve for 2year terms commencing on January 1 of each even-numbered
year, except that any member who is appointed to fill a permanent
vacancy shall serve for the unexpired term of the original
appointee.
2. If the municipal clerk’s office is vacant or if the clerk cannot perform his or her duties, the mayor, president or board chairperson of the municipality shall designate another qualified elector of the municipality to serve in lieu of the clerk for that
election.
3. If the clerk is a candidate at an election being canvassed,
the clerk may perform his or her duties on the board of canvassers
only if the clerk does not have an opponent whose name appears
on the ballot, or in the case of a recount, if the office the clerk is
seeking is not a subject of the recount. If the clerk is a candidate
at the election being canvassed and has an opponent whose name
appears on the ballot or if the office the clerk is seeking is a subject of a recount, the mayor, president or board chairperson of the
municipality shall designate another qualified elector of the municipality to serve in lieu of the elector for that election.
4. If any other member of the board of canvassers is a candidate at the election being canvassed, the clerk shall appoint another qualified elector of the municipality to temporarily fill the
vacancy.
(c) In cities of more than 500,000 population, the board of
election commissioners shall act as the board of canvassers.
(cm) If one or more temporary vacancies on the municipal
board of canvassers reduces the number of members to less than
3, the municipal clerk shall appoint a member to fill each vacancy, except in cities of more than 500,000 population. In cities
of more than 500,000 population, the executive director of the
board of election commissioners shall serve as a member of the
board of canvassers to fill a temporary vacancy on that board.
(d) In municipalities with one polling place, the canvass shall
be conducted under sub. (1) publicly on election night. In other
municipalities, the municipal board of canvassers shall publicly
canvass the returns of every election. The canvass shall begin no
earlier than the time that the municipal board of canvassers receives the returns from all polling places in the municipality on
election night and no later than 9 a.m. on the Monday after the
election. After any canvass of the absentee ballots is completed
under s. 7.52, the board of canvassers shall reconcile the poll list
of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no
elector is allowed to cast more than one ballot. If an elector who
votes in person has submitted an absentee ballot, the absentee
ballot is void. At the spring election, the board of canvassers shall
publicly declare the results on or before the 3rd Tuesday in April.
The board of canvassers shall prepare a statement showing the results of each election for any municipal office and each municipal
referendum. After each primary for municipal offices, the board
of canvassers shall prepare a statement certifying the names of
those persons who have won nomination to office. After each
other election for a municipal office and each municipal referendum, the board of canvassers shall prepare a determination showing the names of the persons who are elected to each municipal
office and the results of each municipal referendum. The board
of canvassers shall file each statement and determination in the
office of the municipal clerk or board of election commissioners.
(2m) BOARD OF ABSENTEE BALLOT CANVASSERS. (a) If a
municipality elects to count absentee ballots in the manner provided for in s. 7.52, the municipality shall establish a board of absentee ballot canvassers as provided in par. (b).
(b) Except as provided in par. (c), the municipal board of absentee ballot canvassers shall be composed of the municipal
clerk, or a qualified elector of the municipality designated by the
clerk, and 2 other qualified electors of the municipality appointed
by the clerk. The members of the board of absentee ballot canvassers shall serve for 2-year terms commencing on January 1 of
each even-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired
term of the original appointee. If the municipal clerk’s office is
vacant or if the clerk and the clerk’s designee cannot perform his
or her duties, the mayor, president, or board chairperson of the
municipality shall designate another qualified elector of the municipality to serve in lieu of the clerk for that election. If the clerk
is a candidate at an election being canvassed, the clerk or the
clerk’s designee may perform the clerk’s duties on the board of
absentee ballot canvassers only if the clerk does not have an opponent whose name appears on the ballot. If the clerk is a candidate at the election being canvassed by the board of absentee ballot canvassers and has an opponent whose name appears on the
ballot, the mayor, president, or board chairperson of the municipality shall designate another qualified elector of the municipality to serve in lieu of the clerk and his or her designee for that
election. If any other member of the board of absentee ballot canvassers is a candidate at the election being canvassed, the clerk
shall appoint another qualified elector of the municipality to temporarily fill the vacancy.
(c) Nothing in this subsection precludes a municipal clerk
from appointing individuals to the board of absentee ballot can-

vassers who are simultaneously serving on any other board of
canvassers.
(3) SCHOOL DISTRICT ELECTIONS. (a) In a common, union
high or unified school district, the school district clerk shall appoint 2 qualified electors of the school district prior to the date of
the election being canvassed who shall, with the school district
clerk, constitute the school district board of canvassers. If the
school district clerk is a candidate at the election being canvassed,
the other 2 members of the board of canvassers shall designate a
3rd member to serve in lieu of the clerk for that election. The
school district clerk shall appoint a member to fill any other temporary vacancy on the board of canvassers. The canvass shall begin no later than 9 a.m. on the Tuesday after the election, and
shall continue, without adjournment, until completed. The board
of canvassers may return defective returns to the municipal board
of canvassers in the manner provided in s. 7.60 (3). If the board
of canvassers meets before 4 p.m. on the Monday after the election and thereafter receives amended statements, tally sheets, and
lists from a municipal clerk for provisional ballots that are eligible to be counted under s. 6.97 (4), the board of canvassers shall
reconvene no later than 9 a.m. on the Tuesday after the election
and shall adjust the returns accordingly. No later than 4 p.m. on
the Tuesday after the election, the board of canvassers shall complete the canvass and shall prepare a written statement showing
the numbers of votes cast for each person for each office and for
and against each question and shall prepare a determination
showing the names of the persons who are elected to the school
board and the results of any school district referendum. Following each primary election, the board of canvassers shall prepare a
statement certifying the names of the persons who have won
nomination to the school board. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the school
district office. The school district clerk shall certify nominations
after each primary and issue certificates of election to persons
who are elected to the school board after each election in the
manner provided in sub. (4).
(b) In a 1st class city school district, the municipal board of
canvassers or election commissioners shall determine the results
of school district elections and referenda and shall file a written
statement and determination of the results for each election and
referendum in the office of the city clerk or board of election
commissioners. The board of election commissioners or city
clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the board of
school directors after each election in the manner provided in sub.
(4).
(4) CERTIFICATE OF ELECTION. As soon as the deadline for
filing a petition for a recount has passed, the municipal clerk shall
issue promptly a certificate of election to each person elected to
any municipal office, except that the municipal clerk need not
wait until expiration of the time allowed to file a petition for a recount if there is no aggrieved party, as defined in s. 9.01 (1) (a) 5.
When a valid petition for a recount is filed, the municipal clerk
shall not issue the certificate of election for the office in question
until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is
decided.
(5) LIVE BROADCASTS. If a municipality or county or the
commission broadcasts canvassing proceedings live in any election, including by live stream on the Internet, the municipality,
county, or commission shall record the broadcast. The municipal
clerk, county clerk, or commission shall retain the recording for
the period specified in s. 7.23 (1) (f) , unless, in good faith, the
municipal clerk, county clerk, or commission is unable to retain
the recording because the recording is maintained on an Internet
video streaming service that goes out of business or is otherwise
removed from the Internet, if the service has been in operation for
at least 10 years and has at least 1,000,000 account holders at the
time the municipal clerk, county clerk, or commission posts the
recording to the service.

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