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2017 - 2018 LEGISLATURE
March 9, 2017 - Introduced by Senators LeMahieu, Craig, Kapenga, Marklein,
Stroebel and Vukmir, cosponsored 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. Referred to
Committee on Elections and Utilities.
SB102,1,4 1An Act to amend 9.01 (1) (a) 1., 9.01 (1) (ag) 2., 9.01 (1) (ag) 3m., 9.01 (1) (ag)
24., 9.01 (1) (ar) 3. and 20.510 (1) (g); and to create 9.01 (1) (a) 2. c. and 9.01 (1)
3(a) 5. of the statutes; relating to: aggrieved parties petitioning for a recount
4and making an 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.
Finally, the bill changes the deadline for a petitioner to pay any balance owing
toward the fee for the recount from 30 days after the petition is filed to 45 days after
the petition is filed. The bill also changes the deadline for the clerk to issue a refund
of any overpayment from 30 days after the board of canvassers makes its
determination to 45 days after the determination.
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:
SB102,1 1Section 1. 9.01 (1) (a) 1. of the statutes is amended to read:
SB102,3,82 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

1which makes a determination following canvassing of all valid provisional ballots.
2If the commission chairperson or chairperson's designee makes the determination
3for the office or the referendum question, the petitioner shall file the petition not
4earlier than the last meeting day of the last county board of canvassers to make a
5statement in the election or referendum following canvassing of all valid provisional
6ballots and not later than 5 p.m. on the 3rd first business day following the day on
7which the commission receives the last statement from a county board of canvassers
8for the election or referendum following canvassing of all valid provisional ballots.
SB102,2 9Section 2. 9.01 (1) (a) 2. c. of the statutes is created to read:
SB102,3,1110 9.01 (1) (a) 2. c. If the petitioner is a candidate voted for at the election for which
11the petitioner seeks a recount, that the petitioner is an aggrieved party.
SB102,3 12Section 3. 9.01 (1) (a) 5. of the statutes is created to read:
SB102,3,1313 9.01 (1) (a) 5. In this paragraph, “aggrieved party” means any of the following:
SB102,3,1614 a. For an election at which 4,000 or fewer 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 40 votes, as determined under par. (ag) 5.
SB102,3,2017 b. For an election at which more than 4,000 votes are cast for the office that the
18candidate seeks, a candidate who trails the leading candidate, as defined under par.
19(ag) 5., by no more than 1 percent of the total votes cast for that office, as determined
20under par. (ag) 5.
SB102,4 21Section 4. 9.01 (1) (ag) 2. of the statutes is amended to read:
SB102,4,422 9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast
23for the leading candidate and those cast for the petitioner or the difference between
24the affirmative and negative votes cast upon any referendum question following
25canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee

1equal to the actual cost of performing the recount in each ward for which the petition
2requests a recount, or in each municipality for which the petition requests a recount
3where no wards exist, plus the actual cost incurred by the commission to provide
4services for performing the recount
.
SB102,5 5Section 5. 9.01 (1) (ag) 3m. of the statutes is amended to read:
SB102,4,186 9.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due
7under subd. 2. within 30 45 days after the clerk or body receiving the petition
8provides the petitioner with a written statement of the amount due. If the petitioner
9has overpaid the fee due under subd. 2. the clerk or body receiving the petition shall
10refund the amount overpaid within 30 45 days after the board of canvassers makes
11its determination in the recount. If, as a result of the recount, the petitioner is the
12leading candidate, or the majority of votes cast on the referendum changes from
13affirmative to negative or from negative to affirmative, the clerk or body receiving
14the petition shall refund the amount paid within 30 45 days after the board of
15canvassers makes its determination in the recount. For purposes of this subdivision,
16a petitioner has not overpaid the fees due under subd. 2., and is therefore not entitled
17to a refund under this subdivision, if the recount results in a difference in the votes
18cast that is below the threshold for paying the fee under subd. 2.
SB102,6 19Section 6. 9.01 (1) (ag) 4. of the statutes is amended to read:
SB102,5,220 9.01 (1) (ag) 4. The commission shall deposit all moneys received by it into the
21account under s. 20.510 (1) (g), and shall pay the fees required for each recount to the
22county clerks of the counties in which the recount is to be held and shall retain the
23amount necessary to pay for the actual cost incurred by the commission to provide
24services for performing the recount
. The county clerk shall deposit fees received by

1him or her with the county treasurer. The municipal clerk shall deposit fees received
2by him or her with the municipal treasurer.
SB102,7 3Section 7. 9.01 (1) (ar) 3. of the statutes is amended to read:
SB102,5,194 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
5under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
6Whenever the commission receives a valid petition and any payment under par. (ag)
73., the commission shall promptly by certified mail or other expeditious means order
8the proper county boards of canvassers to commence the recount. County boards of
9canvassers shall convene no later than 9 a.m. on the second 3rd day after receipt of
10an order and may adjourn for not more than one day at a time until the recount is
11completed in the county, except that the commission may permit extension of the
12time for adjournment. Returns from a recount ordered by the commission shall be
13transmitted to the office of the commission as soon as possible, but in no case later
14than 13 days from the date of the order of the commission directing the recount. The
15commission chairperson or the chairperson's designee may not make a
16determination in any election if a recount is pending before any county board of
17canvassers in that election. The commission chairperson or the chairperson's
18designee need not recount actual ballots, but shall verify the returns of the county
19boards of canvassers in making his or her determinations.
SB102,8 20Section 8. 20.510 (1) (g) of the statutes is amended to read:
SB102,5,2421 20.510 (1) (g) Recount fees. The amounts in the schedule to be apportioned to
22the commission and the county clerks or county board of election commissioners as
23prescribed in s. 9.01 (1) (ag). All moneys received on account of recount petitions filed
24with the commission shall be credited to this appropriation account.
SB102,5,2525 (End)
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