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2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 96
May 6, 2015 - Offered by Senator Miller.
SB96-SSA1,1,3 1An Act to repeal 9.01 (1) (ag) 1m.; to amend 9.01 (1) (ad), 9.01 (1) (ag) 1., 9.01
2(1) (ag) 2., 9.01 (1) (ag) 3. and 9.01 (1) (ag) 3m.; and to create 9.01 (1) (ag) 1p.
3of the statutes; relating to: fees for election recounts.
Analysis by the Legislative Reference Bureau
Currently, any candidate who receives votes in an election and any elector who
votes in a referendum may petition for a recount of the votes cast. The petitioner does
not have to pay for the recount if the difference between the votes cast for the leading
candidate and those cast for the petitioner, or the difference between the affirmative
and negative votes cast on the referendum question, is less than 10 if 1,000 or fewer
votes are cast or not more than 0.5 percent of the total votes cast for the office or on
the question if more than 1,000 votes are cast.
Currently, if the difference between the votes cast for the leading candidate and
those cast for the petitioner, or the difference between the affirmative and negative
votes cast on the referendum question, is at least 10 if 1,000 or fewer votes are cast
or is more than 0.5 percent, but not more than 2 percent if more than 1,000 votes are
cast, the petitioner must pay a fee equal to $5 for each ward for which the petitioner
requests a recount.
Finally, if the difference between the votes cast for the leading candidate and
those cast for the petitioner, or the difference between the affirmative and negative
votes cast on the referendum question, is more than 2 percent if more than 1,000
votes are cast, the petitioner pays the actual cost of performing the recount.

This substitute amendment provides that, if the difference between the votes
cast for the leading candidate and those cast for the petitioner, or the difference
between the affirmative and negative votes cast on the referendum question, is less
than 10 if 4,000 or fewer votes are cast or not more than 0.25 percent of the total votes
cast for the office or on the question if more than 4,000 votes are cast, the petitioner
does not pay for the recount. If the difference between the votes cast for the leading
candidate and those cast for the petitioner, or the difference between the affirmative
and negative votes cast upon any referendum question, is at least 10 if 4,000 or fewer
votes are cast or is more than 0.25 percent but not more than 5 percent if more than
4,000 votes are cast, the petitioner pays a fee equal to $100 for each ward for which
the petitioner requests a recount. Under any other circumstance, the petitioner pays
the actual cost of performing the recount. If, however, the recount overturns the
result of the election or referendum, or if the recount results in a difference in the
votes that would change the amount of the fee due from the petitioner, the petitioner
receives a refund of the amount that he or she overpaid.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB96-SSA1,1 1Section 1. 9.01 (1) (ad) of the statutes is amended to read:
SB96-SSA1,2,52 9.01 (1) (ad) Upon receiving a petition for a recount, the clerk or body receiving
3the petition shall calculate any fee due under par. (ag) 1m. or reasonably estimate
4any fee due under par. (ag) 2. The clerk or body shall provide the petitioner promptly
5with the total due or estimate.
SB96-SSA1,2 6Section 2. 9.01 (1) (ag) 1. of the statutes is amended to read:
SB96-SSA1,2,137 9.01 (1) (ag) 1. If the difference between the votes cast for the leading candidate
8and those cast for the petitioner or the difference between the affirmative and
9negative votes cast upon any referendum question is less than 10 if 1,000 4,000 or
10less fewer votes are cast or not more than 0.5% 0.25 percent of the total votes cast
11for the office or on the question if more than 1,000 4,000 votes are cast following
12canvassing of all valid provisional and absentee ballots, the petitioner is not required
13to pay a fee.
SB96-SSA1,3 14Section 3. 9.01 (1) (ag) 1m. of the statutes is repealed.
SB96-SSA1,4
1Section 4. 9.01 (1) (ag) 1p. of the statutes is created to read:
SB96-SSA1,3,92 9.01 (1) (ag) 1p. If the difference between the votes cast for the leading
3candidate and those cast for the petitioner or the difference between the affirmative
4and negative votes cast upon any referendum question is at least 10 if 4,000 or fewer
5votes are cast or is more than 0.25 percent but not more than 5 percent if more than
64,000 votes are cast following canvassing of all valid provisional and absentee
7ballots, the petitioner shall pay a fee of $100 for each ward for which the petition
8requests a ballot recount, or $100 for each municipality for which the petition
9requests a recount where no wards exist.
SB96-SSA1,5 10Section 5. 9.01 (1) (ag) 2. of the statutes is amended to read:
SB96-SSA1,3,1811 9.01 (1) (ag) 2. If neither subd. 1. nor subd. 1p. apply to the difference between
12the votes cast for the leading candidate and those cast for the petitioner or the
13difference between the affirmative and negative votes cast upon any referendum
14question is more than 2% if more than 1,000 votes are cast following canvassing of
15all valid provisional and absentee ballots, the petitioner shall pay a fee equal to the
16actual cost of performing the recount in each ward for which the petition requests a
17recount, or in each municipality for which the petition request requests a recount
18where no wards exist.
SB96-SSA1,6 19Section 6. 9.01 (1) (ag) 3. of the statutes is amended to read:
SB96-SSA1,3,2320 9.01 (1) (ag) 3. All fees calculated or estimated under par. (ad) shall be prepaid
21in cash or another form of payment which is acceptable to the officer to whom they
22are paid. No petition for which a fee is required is valid unless the proper calculated
23or estimated fee is paid at the time of filing.
SB96-SSA1,7 24Section 7. 9.01 (1) (ag) 3m. of the statutes is amended to read:
SB96-SSA1,4,13
19.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due
2under subd. 1p. or 2. within 30 days after the clerk or body receiving the petition
3provides the petitioner with a written statement of the amount due. If the petitioner
4has overpaid the fee due under subd. 1p. or 2. the clerk or body receiving the petition
5shall refund the amount overpaid within 30 days after the board of canvassers makes
6its determination in the recount. If, as a result of the recount, the petitioner is the
7leading candidate, or the majority of votes cast on the referendum changes from
8affirmative to negative or from negative to affirmative, the clerk or body receiving
9the petition shall refund the amount paid within 30 days after the board of
10canvassers makes its determination in the recount. For purposes of this subdivision,
11a petitioner has overpaid the fees due under subd. 1p. or 2., and is therefore entitled
12to a refund under this subdivision, if the recount results in a difference in the votes
13cast that is below the threshold for paying the fee under subd. 1p. or 2.
SB96-SSA1,8 14Section 8. Initial applicability.
SB96-SSA1,4,1615 (1) Recounts. This act first applies to petitions filed on the effective date of this
16subsection.
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