CORRECTED COPY
LRB-1152/1
JK:klm&ahe
2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Tusler, Thiesfeldt, Allen,
Bernier, Brandtjen, E. Brooks, R. Brooks, Edming, Gannon, Horlacher,
Katsma, Kerkman, Kremer, Krug, Kulp, Macco, Murphy, Mursau, Ott,
Petersen, Quinn, Rohrkaste, Sanfelippo, Schraa, Skowronski, Spiros,
Steffen, Tittl and Weatherston, cosponsored by Senators LeMahieu, Craig,
Kapenga, Marklein and Stroebel. Referred to Committee on Campaigns and
Elections.
AB153,1,4 1An Act to amend 9.01 (1) (a) 1., 9.01 (1) (ag) 2., 9.01 (1) (ag) 4., 9.01 (1) (ar) 3.
2and 20.510 (1) (g); and to create 9.01 (1) (a) 2. c. and 9.01 (1) (a) 5. of the
3statutes; relating to: aggrieved parties petitioning for a recount and making
4an appropriation.
Analysis by the Legislative Reference Bureau
This bill provides that any candidate voted for at any election who is an
aggrieved party or any elector who voted on any referendum question at any election
may petition for a recount. The bill defines an “aggrieved party” as any of the
following:
1. For an election at which 4,000 or fewer votes are cast for the office that the
candidate seeks, a candidate who trails the leading candidate by no more than 40
votes after the official canvass.
2. For an election at which more than 4,000 votes are cast for the office that the
candidate seeks, a candidate who trails the leading candidate by no more than 1
percent of the total votes cast for that office after the official canvass.
Current law allows any candidate to petition for a recount regardless of the
difference between the votes cast for the petitioner and those cast for the leading
candidate. Under current law, and under the bill, if the difference between the votes
cast for the petitioner and those cast for the leading candidate is more than 0.25
percent of the total votes cast for the office that the candidates seek, the petitioner
must pay a fee equal to the actual cost of performing the recount.

The bill also provides that the actual cost of performing a recount includes the
actual cost incurred by the Elections Commission to provide services for performing
the recount and allows the commission to recover that cost. In addition, under the
bill, a person must file a petition for a recount no later than 5 p.m. on the first
business day following the last meeting of the board of canvassers and the county
board of canvassers may convene to conduct the recount no later than 9 a.m. on the
third day after receiving the order for a recount. Under current law, a person must
file a petition for a recount no later than 5 p.m. on the third business day following
the last meeting of the board of canvassers and the county board of canvassers may
convene to conduct the recount no later than 9 a.m. on the second day after receiving
the order for a recount.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB153,1 1Section 1. 9.01 (1) (a) 1. of the statutes is amended to read:
AB153,3,52 9.01 (1) (a) 1. Any candidate voted for at any election who is an aggrieved party,
3as determined under subd. 5.,
or any elector who voted upon any referendum
4question at any election may petition for a recount. The petitioner shall file a verified
5petition or petitions with the proper clerk or body under par. (ar) not earlier than the
6time of completion of the canvass following canvassing of any valid provisional
7ballots under s. 6.97 (4) and, except as provided in this subdivision, not later than
85 p.m. on the 3rd first business day following the last meeting day of the municipal
9or county board of canvassers determining the election for that office or on that
10referendum question following canvassing of all valid provisional ballots or, if more
11than one board of canvassers makes the determination, not later than 5 p.m. on the
123rd first business day following the last meeting day of the last board of canvassers
13which makes a determination following canvassing of all valid provisional ballots.
14If the commission chairperson or chairperson's designee makes the determination
15for the office or the referendum question, the petitioner shall file the petition not

1earlier than the last meeting day of the last county board of canvassers to make a
2statement in the election or referendum following canvassing of all valid provisional
3ballots and not later than 5 p.m. on the 3rd first business day following the day on
4which the commission receives the last statement from a county board of canvassers
5for the election or referendum following canvassing of all valid provisional ballots.
AB153,2 6Section 2. 9.01 (1) (a) 2. c. of the statutes is created to read:
AB153,3,87 9.01 (1) (a) 2. c. If the petitioner is a candidate voted for at the election for which
8the petitioner seeks a recount, that the petitioner is an aggrieved party.
AB153,3 9Section 3. 9.01 (1) (a) 5. of the statutes is created to read:
AB153,3,1010 9.01 (1) (a) 5. In this paragraph, “aggrieved party” means any of the following:
AB153,3,1311 a. For an election at which 4,000 or fewer votes are cast for the office that the
12candidate seeks, a candidate who trails the leading candidate, as defined under par.
13(ag) 5., by no more than 40 votes, as determined under par. (ag) 5.
AB153,3,1714 b. For an election at which more than 4,000 votes are cast for the office that the
15candidate seeks, a candidate who trails the leading candidate, as defined under par.
16(ag) 5., by no more than 1 percent of the total votes cast for that office, as determined
17under par. (ag) 5.
AB153,4 18Section 4. 9.01 (1) (ag) 2. of the statutes is amended to read:
AB153,4,219 9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast
20for the leading candidate and those cast for the petitioner or the difference between
21the affirmative and negative votes cast upon any referendum question following
22canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee
23equal to the actual cost of performing the recount in each ward for which the petition
24requests a recount, or in each municipality for which the petition requests a recount

1where no wards exist, plus the actual cost incurred by the commission to provide
2services for performing the recount
.
AB153,5 3Section 5. 9.01 (1) (ag) 4. of the statutes is amended to read:
AB153,4,104 9.01 (1) (ag) 4. The commission shall deposit all moneys received by it into the
5account under s. 20.510 (1) (g), and shall pay the fees required for each recount to the
6county clerks of the counties in which the recount is to be held and shall retain the
7amount necessary to pay for the actual cost incurred by the commission to provide
8services for performing the recount
. The county clerk shall deposit fees received by
9him or her with the county treasurer. The municipal clerk shall deposit fees received
10by him or her with the municipal treasurer.
AB153,6 11Section 6. 9.01 (1) (ar) 3. of the statutes is amended to read:
AB153,5,212 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
13under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
14Whenever the commission receives a valid petition and any payment under par. (ag)
153., the commission shall promptly by certified mail or other expeditious means order
16the proper county boards of canvassers to commence the recount. County boards of
17canvassers shall convene no later than 9 a.m. on the second 3rd day after receipt of
18an order and may adjourn for not more than one day at a time until the recount is
19completed in the county, except that the commission may permit extension of the
20time for adjournment. Returns from a recount ordered by the commission shall be
21transmitted to the office of the commission as soon as possible, but in no case later
22than 13 days from the date of the order of the commission directing the recount. The
23commission chairperson or the chairperson's designee may not make a
24determination in any election if a recount is pending before any county board of
25canvassers in that election. The commission chairperson or the chairperson's

1designee need not recount actual ballots, but shall verify the returns of the county
2boards of canvassers in making his or her determinations.
AB153,7 3Section 7. 20.510 (1) (g) of the statutes is amended to read:
AB153,5,74 20.510 (1) (g) Recount fees. The amounts in the schedule to be apportioned to
5the commission and the county clerks or county board of election commissioners as
6prescribed in s. 9.01 (1) (ag). All moneys received on account of recount petitions filed
7with the commission shall be credited to this appropriation account.
AB153,5,88 (End)
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