AB126,63,16 24(5) (a) Immediately following the canvass, the county clerk shall deliver or send
25to the elections board division, by 1st class mail, a certified copy of each statement

1of the county board of canvassers for president and vice president, state officials,
2senators and representatives in congress, state legislators, justice, court of appeals
3judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if
4the commissioners are elected under s. 200.09 (11) (am). The statement shall record
5the returns for each office or referendum by ward, unless combined returns are
6authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
7for each group of combined wards. Following primaries the county clerk shall enclose
8on forms prescribed by the elections board division the names, party or principle
9designation, if any, and number of votes received by each candidate recorded in the
10same manner. The county clerk shall deliver or transmit the certified statement to
11the elections board division no later than 7 days after each primary except the
12September primary, no later than 10 days after the September primary and any other
13election except the general election, and no later than 14 days after the general
14election. The board of canvassers shall deliver or transmit a certified copy of each
15statement for any technical college district referendum to the secretary of the
16technical college district board.
AB126,64,217 (b) If the board of canvassers becomes aware of a material mistake in the
18canvass of an election for state or national office or a statewide or technical college
19district referendum prior to the close of business on the day the elections board
20division receives returns from the last county board of canvassers with respect to
21that canvass, the board of canvassers may petition the elections board division to
22reopen and correct the canvass. The elections board division shall direct the canvass
23to be reopened and corrected if it determines that the public interest so requires. If
24the elections board division directs the canvass to be reopened, the board of
25canvassers shall reconvene and transmit a certified corrected copy of the canvass

1statement to the elections board division or secretary of the technical college district
2board.
AB126, s. 133 3Section 133. 7.70 (1) (a) and (b), (3) (a), (b), (c), (d), (e) (intro.), (g), (h) and (i)
4and (5) (a) and (b) of the statutes are amended to read:
AB126,64,75 7.70 (1) (a) Upon receipt of the certified statements from the county clerks, the
6elections board division shall record the election results by counties and file and
7carefully preserve the statements.
AB126,64,148 (b) If any county clerk fails or neglects to forward any statements, the elections
9board
division may require the clerk to do so immediately and if not received by the
108th day after a primary, or by the 11th day after any other election, the elections
11board
division may dispatch a special messenger to obtain them. Whenever it
12appears upon the face of any statement that an error has been made in reporting or
13computing, the elections board division may return it to the county clerk for
14correction.
AB126,64,21 15(3) (a) The chairperson of the board or a designee of the chairperson appointed
16by the chairperson to canvass a specific election
division shall publicly canvass the
17returns and make his or her its certifications and determinations on or before the 2nd
18Tuesday following a spring primary, the 15th day of May following a spring election,
19the 3rd Wednesday following a September primary, the first day of December
20following a general election, the 2nd Thursday following a special primary, or within
2118 days after any special election.
AB126,65,722 (b) The chairperson of the board or the chairperson's designee division shall
23examine the certified statements of the county boards of canvassers. If it appears
24that any material mistake has been made in the computation of votes, or any county
25board of canvassers failed to canvass the votes or omitted votes from any ward or

1election district in the county, the chairperson of the board or the chairperson's
2designee
division may dispatch a messenger to the county clerk with written
3instructions to certify the facts concerning the mistake or the reason why the votes
4were not canvassed. A clerk to whom such instructions are delivered shall
5immediately make a true and full answer, sign it, affix the county seal and deliver
6it to the messenger. The messenger shall deliver it with all possible dispatch to the
7board division.
AB126,65,98 (c) The chairperson of the board or the chairperson's designee division shall
9conclude the state canvass within 10 days after its commencement.
AB126,65,2010 (d) When the certified statements and returns are received, the chairperson of
11the board or the chairperson's designee
division shall proceed to examine and make
12a statement of the total number of votes cast at any election for the offices involved
13in the election for president and vice president; a statement for each of the offices of
14governor, lieutenant governor, if a primary, and a joint statement for the offices of
15governor and lieutenant governor, if a general election; a statement for each of the
16offices of secretary of state, state treasurer, attorney general, and state
17superintendent; for U.S. senator; representative in congress for each congressional
18district; the state legislature; justice; court of appeals judge; circuit judge; district
19attorney; metropolitan sewerage commission, if the commissioners are elected under
20s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.
AB126,65,2321 (e) (intro.) The chairperson of the board administrator or the chairperson's
22administrator's designee shall make a special statement to the board division as soon
23as possible after the canvass certifying:
AB126,66,1024 (g) Following each primary election, the chairperson of the board or the
25chairperson's designee
administrator shall prepare a statement certifying the

1results of the primary, which shall indicate the names of the persons who have won
2nomination to any state or national office. Following each other election, the
3chairperson of the board or the chairperson's designee administrator shall prepare
4a statement certifying the results of the election and shall attach to the statement
5a certificate of determination which shall indicate the names of persons who have
6been elected to any state or national office. The chairperson of the board or the
7chairperson's designee administrator shall likewise prepare a statement and
8certificate for any statewide referendum. The chairperson of the board
9administrator or the chairperson's administrator's designee shall deliver each
10statement and determination to the board division .
AB126,66,1911 (h) Whenever a referendum question submitted to a vote of the people is
12approved, the board division shall record it and the secretary of state shall have the
13record bound in the volume containing the original enrolled laws passed at the next
14succeeding session of the legislature and have the record published with the laws
15thereof. Whenever a constitutional amendment or other statewide validating or
16ratifying referendum question which is approved by the people does not expressly
17state the date of effectiveness, it shall become effective at the time the chairperson
18of the board or the chairperson's designee
administrator certifies that the
19amendment or referendum question is approved.
AB126,67,520 (i) The chairperson of the board or the chairperson's designee division shall
21canvass only regular returns made by the county board of canvassers and shall not
22count or canvass any additional or supplemental returns or statements made by the
23county board or any other board or person. The chairperson of the board or the
24chairperson's designee
division shall not count or canvass any statement or return
25which has been made by the county board of canvassers at any other time than that

1provided in s. 7.60. This provision does not apply to any return made subsequent to
2a recount under s. 9.01, when the return is accepted in lieu of any prior return from
3the same county for the same office; or to a statement given to the chairperson of the
4board or chairperson's designee division or a messenger sent by the chairperson or
5designee
division to obtain a correction.
AB126,67,22 6(5) (a) The board division shall record in its office each certified statement and
7determination made by the chairperson of the board or the chairperson's designee
8division. Immediately after the expiration of the time allowed to file a petition for
9recount, the board division shall make and transmit to each person declared elected
10a certificate of election under the seal of the board division. It shall also prepare
11similar certificates, attested by the executive director of the board administrator,
12addressed to the U.S. house of representatives, stating the names of those persons
13elected as representatives to the congress from this state. In the case of U.S.
14senators, the board division shall prepare a certificate of election for the governor's
15signature, and the governor shall sign and affix the great seal of the state and
16transmit the certificate to the president of the U.S. senate. The certificate shall be
17countersigned by the secretary of state. If a person elected was elected to fill a
18vacancy, the certificate shall so state. When a valid petition for recount is filed, the
19chairperson of the board or the chairperson's designee administrator may not certify
20a nomination, and the governor or board division may not issue a certificate of
21election until the recount has been completed and the time allowed for filing an
22appeal has passed, or if appealed until the appeal is decided.
AB126,68,423 (b) For presidential electors, the elections board division shall prepare a
24certificate showing the determination of the results of the canvass and the names of
25the persons elected, and the governor shall sign, affix the great seal of the state and

1transmit the certificate by registered mail to the U.S. administrator of general
2services. The governor shall also prepare 6 duplicate originals of such certificate and
3deliver them to one of the presidential electors on or before the first Monday after the
42nd Wednesday in December.
AB126, s. 134 5Section 134. 8.07 of the statutes is amended to read:
AB126,68,8 68.07 Validity of nomination papers. The board division shall promulgate
7rules under this chapter for use by election officials in determining the validity of
8nomination papers and signatures thereon.
AB126, s. 135 9Section 135. 8.10 (6) (a) of the statutes is amended to read:
AB126,68,1210 8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission,
11if the commissioners are elected under s. 200.09 (11) (am), in the office of the board
12division.
AB126, s. 136 13Section 136. 8.12 (1) (a) of the statutes is amended to read:
AB126,68,2214 8.12 (1) (a) No later than 5 p.m. on the 3rd Tuesday in November, or the next
15day if Tuesday is a holiday, of the year before each year in which electors for president
16and vice president are to be elected, the state chairperson of each recognized political
17party listed on the official ballot at the last gubernatorial election whose candidate
18for governor received at least 10% of the total votes cast for that office may certify
19to the board division that the party will participate in the presidential preference
20primary. For each party filing such a certification, the voters of this state shall at the
21spring primary be given an opportunity to express their preference for the person to
22be the presidential candidate of that party.
AB126, s. 137 23Section 137. 8.12 (1) (b) of the statutes is amended to read:
AB126,69,1624 8.12 (1) (b) On the 2nd Tuesday in December of the year before each year in
25which electors for president and vice president are to be elected, there shall be

1convened in the capitol a committee consisting of, for each party filing a certification
2under this subsection, the state chairperson of that state party organization or the
3chairperson's designee, one national committeeman and one national
4committeewoman designated by the state chairperson; the speaker and the minority
5leader of the assembly or their designees, and the president and the minority leader
6of the senate or their designees. All designations shall be made in writing to the
7board division. This committee shall organize by selecting an additional member
8who shall be the chairperson and shall determine, and certify to the board division,
9no later than on the Friday following the date on which the committee convenes
10under this paragraph, the names of all candidates of the political parties represented
11on the committee for the office of president of the United States. The committee shall
12place the names of all candidates whose candidacy is generally advocated or
13recognized in the national news media throughout the United States on the ballot,
14and may, in addition, place the names of other candidates on the ballot. The
15committee shall have sole discretion to determine that a candidacy is generally
16advocated or recognized in the national news media throughout the United States.
AB126, s. 138 17Section 138. 8.12 (1) (c) of the statutes is amended to read:
AB126,70,318 8.12 (1) (c) No later than 5 p.m. on the first Tuesday in January of each
19presidential election year, any person seeking the nomination by the national
20convention of a political party filing a certification under this subsection for the office
21of president of the United States, or any committee organized in this state on behalf
22of and with the consent of such person, may submit to the board division a petition
23to have the person's name appear on the presidential preference ballot. The petition
24may be circulated no sooner than the 2nd Tuesday in December preceding such year
25and shall be signed by a number of qualified electors equal in each congressional

1district to not less than 1,000 signatures nor more than 1,500 signatures. The form
2of the petition shall conform to the requirements of s. 8.40. All signers on each
3separate petition paper shall reside in the same congressional district.
AB126, s. 139 4Section 139. 8.12 (1) (d) of the statutes is amended to read:
AB126,70,125 8.12 (1) (d) The board division shall forthwith contact each person whose name
6has been placed in nomination under par. (b) and notify him or her that his or her
7name will appear on the Wisconsin presidential preference ballot unless he or she
8files, no later than 5 p.m. on the first Tuesday in January of such year, with the board
9division, a disclaimer stating without qualification that he or she is not and does not
10intend to become a candidate for the office of president of the United States at the
11forthcoming presidential election. The disclaimer may be filed with the board
12division by certified mail, telegram, or in person.
AB126, s. 140 13Section 140. 8.12 (2) of the statutes is amended to read:
AB126,70,1814 8.12 (2) Ballots. The form of the official ballots shall be prescribed by the
15board division . The ballot shall provide to an elector the opportunity to vote for an
16uninstructed delegation to represent this state at the presidential nominating
17convention of his or her party, or to write in the name of a candidate for the
18presidential nomination of his or her party.
AB126, s. 141 19Section 141. 8.12 (3) of the statutes is amended to read:
AB126,70,2320 8.12 (3) Reporting of results. No later than the 2nd Tuesday following the
21presidential preference primary, the board division shall notify each state party
22organization chairperson under sub. (1) (b) of the results of the presidential
23preference primary within the state and within each congressional district.
AB126, s. 142 24Section 142. 8.15 (8) (a) of the statutes is amended to read:
AB126,71,2
18.15 (8) (a) For state offices and the offices of U.S. senator and representative
2in congress, in the office of the board division.
AB126, s. 143 3Section 143. 8.16 (2) (b) of the statutes is amended to read:
AB126,71,74 8.16 (2) (b) If the person is a candidate for state office, the person files a
5statement of economic interests under s. 19.43 (4), no later than 4:30 p.m. on the 3rd
6day after notification of nomination is mailed or personally delivered to the person
7by the board division; and
AB126, s. 144 8Section 144. 8.16 (7) of the statutes is amended to read:
AB126,71,159 8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each
10party entitled to a September primary ballot shall be the party's candidates for
11president, vice president and presidential electors. The state or national chairperson
12of each such party shall certify the names of the party's nominees for president and
13vice president to the board division no later than 5 p.m. on the first Tuesday in
14September preceding a presidential election. Each name shall be in one of the
15formats authorized in s. 7.08 (2) (a).
AB126, s. 145 16Section 145. 8.17 (9) (a) of the statutes is amended to read:
AB126,71,2317 8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents
18of that county may voluntarily form a committee, which, upon approval of the state
19committee and certification by the secretary of the state committee to the board
20division and the county clerk or board of election commissioners, shall then become
21the county committee with equal standing as if it had been organized under sub. (5)
22(a). This standing shall remain unless and until a committee is organized under sub.
23(5) (a).
AB126, s. 146 24Section 146. 8.17 (12) of the statutes is amended to read:
AB126,72,4
18.17 (12) The secretary of the state committee of each recognized political party
2under s. 5.62 (1) (b) or (2) shall notify the board division in writing of the name and
3address of the elected state committee chairperson within 10 days of his or her
4election.
AB126, s. 147 5Section 147. 8.18 (2) of the statutes is amended to read:
AB126,72,96 8.18 (2) The purpose of the convention is to nominate one presidential elector
7from each congressional district and 2 electors from the state at large. The names
8of the nominees shall be certified immediately by the chairperson of the state
9committee of each party to the chairperson of the elections board administrator.
AB126, s. 148 10Section 148. 8.185 (1) of the statutes is amended to read:
AB126,72,1711 8.185 (1) The names of candidates for president and vice president may be
12written in, in the place provided, on the general ballot at the general election for
13choosing the president and vice president of the United States. Write-in votes shall
14be listed as scattering unless the person whose name is written in has a list of
15presidential electors on file with the board division in accordance with this section
16or unless the person whose name is written in has received more than 10% of the total
17vote cast in the ward, or in the municipality if not divided into wards.
AB126, s. 149 18Section 149. 8.185 (2) of the statutes is amended to read:
AB126,73,619 8.185 (2) Any candidates for the office of president and vice president of the
20United States as write-in candidates shall file a list of presidential electors and a
21declaration of candidacy in the manner prescribed in s. 8.21 with the board division
22no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the general election
23to choose the president and vice president of the United States. The list shall contain
24one presidential elector from each congressional district and 2 electors from the state
25at large and the names of the candidates for president and vice president for whom

1they intend to vote, if elected. Compliance with this subsection may be waived by the
2board division but only if the results of the general election indicate that a write-in
3candidate for the office of president is eligible to receive the electoral votes of this
4state except for noncompliance with this subsection. In such event, the write-in
5candidate shall have until 4:30 p.m. on the Friday following the general election to
6comply with the filing requirements of this subsection.
AB126, s. 150 7Section 150. 8.185 (3) of the statutes is amended to read:
AB126,73,118 8.185 (3) If more than one list of presidential electors is filed with the board
9division by any write-in candidates for the offices of president and vice president of
10the United States, the first list filed shall be considered the valid list, provided that
11this list meets the additional requirements of this section.
AB126, s. 151 12Section 151. 8.19 (1) of the statutes is amended to read:
AB126,73,1813 8.19 (1) The state committee of any party polling less than 75,000 presidential
14votes in this state in the last election may change the name of the party. The new
15name may not duplicate that of an existing national party. A certificate of approval
16by the party's national committee which has been certified by the national committee
17secretary, the state committee chairperson and the state committee secretary shall
18be filed with the board division.
AB126, s. 152 19Section 152. 8.19 (3) of the statutes is amended to read:
AB126,74,220 8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on
21the September primary and general election ballots has exclusive right to the use of
22the name designating it at any election involving political parties. The board division
23shall not certify nor the county clerk print the name of any person whose nomination
24papers indicate a party name comprising a combination of existing party names,

1qualifying words, phrases, prefixes or suffixes in connection with any existing party
2name.
AB126, s. 153 3Section 153. 8.20 (7) of the statutes is amended to read:
AB126,74,64 8.20 (7) Nomination papers shall be filed in the office of the board division for
5all state offices and the offices of U.S. senator and representative in congress, and
6in the office of county clerk or board of election commissioners for all county offices.
AB126, s. 154 7Section 154. 8.40 (3) of the statutes is amended to read:
AB126,74,108 8.40 (3) The board division shall, by rule, prescribe standards consistent with
9this chapter and s. 9.10 (2) to be used by all election officials and governing bodies
10in determining the validity of petitions for elections and signatures thereon.
AB126, s. 155 11Section 155. 8.50 (1) (a) of the statutes is amended to read:
AB126,75,912 8.50 (1) (a) When there is to be a special election, the special election for county
13office shall be ordered by the county board of supervisors except as provided in s.
1417.21 (5); the special election for city office shall be ordered by the common council;
15the special election for village office shall be ordered by the board of trustees; the
16special election for town office shall be ordered by the town board of supervisors; the
17special election for school board member in a school district organized under ch. 119
18shall be ordered by the school board; the special election for municipal judge shall
19be ordered by the governing body of the municipality, except in 1st class cities, or if
20the judge is elected under s. 755.01 (4) jointly by the governing bodies of all
21municipalities served by the judge; and all other special elections shall be ordered
22by the governor. When the governor or attorney general issues the order, it shall be
23filed and recorded in the office of the board division. When the county board of
24supervisors issues the order, it shall be filed and recorded in the office of the county
25clerk. When the county executive issues the order, it shall be filed in the office of the

1county board of election commissioners. When the common council issues the order,
2it shall be filed in the office of the city clerk. When the board of trustees issues the
3order, it shall be filed in the office of the village clerk. When the town board of
4supervisors issues the order, it shall be filed in the office of the town clerk. When the
5school board of a school district organized under ch. 119 issues the order, it shall be
6filed and recorded in the office of the city board of election commissioners. If a
7municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of
8the county clerk or board of election commissioners of the county having the largest
9portion of the population of the jurisdiction served by the judge.
AB126, s. 156 10Section 156. 8.50 (1) (b) of the statutes is amended to read:
AB126,75,2011 8.50 (1) (b) Notice of any special election shall be given upon the filing of the
12order under par. (a) by publication in a newspaper under ch. 985. If the special
13election concerns a national or state office, the board division shall give notice as soon
14as possible to the county clerks. Upon receipt of notice from the board division , or
15when the special election is for a county office or a municipal judgeship under s.
16755.01 (4), the county clerk shall give notice as soon as possible to the municipal
17clerks of all municipalities in which electors are eligible to vote in the election and
18publish one type A notice for all offices to be voted upon within the county as provided
19in s. 10.06 (2) (n). If the special election is for a city, village, or town office, the
20municipal clerk shall publish one type A notice as provided under s. 10.06 (3) (f).
AB126, s. 157 21Section 157. 8.50 (1) (d) of the statutes is amended to read:
AB126,76,722 8.50 (1) (d) When the election concerns a national or state office, the board
23division shall transmit to each county clerk at least 22 days before the special
24primary a certified list of all persons for whom nomination papers have been filed in
25its office. If no primary is required, the list shall be transmitted at least 42 days prior

1to the day of the election. Immediately upon receipt of the certified list, the county
2clerk shall prepare his or her ballots. For a county special election, the county clerk
3shall certify the candidates and prepare the ballots. If there is a primary, the county
4clerk shall publish one type B notice in a newspaper under ch. 10. When a primary
5is held, as soon as possible after the primary, the county clerk shall certify the
6candidates and prepare the ballots for the following special election. The clerk shall
7publish one type B notice in a newspaper under ch. 10 for the election.
AB126, s. 158 8Section 158. 8.50 (3) (e) of the statutes is amended to read:
AB126,76,129 8.50 (3) (e) In a special election for a state or national office, the county clerk
10or board of election commissioners shall transmit the statement of the county board
11of canvassers to the elections board division no later than 7 days after the special
12primary and 13 days after the special election.
AB126, s. 159 13Section 159. 9.01 (1) (a) 1. of the statutes is amended to read:
AB126,77,514 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted
15upon any referendum question at any election may petition for a recount. The
16petitioner shall file a verified petition or petitions with the proper clerk or body under
17par. (ar) not earlier than the time of completion of the canvass and not later than 5
18p.m. on the 3rd business day following the last meeting day of the municipal or
19county board of canvassers determining the election for that office or on that
20referendum question prior to issuance of any amended return under s. 6.221 (6) (b)
21or, if more than one board of canvassers makes the determination, not later than 5
22p.m. on the 3rd business day following the last meeting day of the last board of
23canvassers which makes a determination prior to issuance of any amended return
24under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee
25division makes the determination for the office or the referendum question, the

1petitioner shall file the petition not earlier than the last meeting day of the last
2county board of canvassers to make a statement in the election or referendum and
3not later than 5 p.m. on the 3rd business day following the day on which the elections
4board division receives the last statement from a county board of canvassers for the
5election or referendum.
AB126, s. 160 6Section 160. 9.01 (1) (a) 4. of the statutes is amended to read:
AB126,77,137 9.01 (1) (a) 4. The petition under subd. 1. may be amended to include
8information discovered as a result of the investigation of the board of canvassers or
9the chairperson of the board or chairperson's designee, division after the filing of the
10petition if the petitioner moves to amend the petition as soon as possible after the
11petitioner discovers, or reasonably should have discovered, the information that is
12the subject of the amendment and if the petitioner was unable to include the
13information in the original petition.
AB126, s. 161 14Section 161. 9.01 (1) (ag) 4. of the statutes is amended to read:
AB126,77,2015 9.01 (1) (ag) 4. The board division shall deposit all moneys received by it into
16the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each
17recount to the county clerks of the counties in which the recount is to be held. The
18county clerk shall deposit fees received by him or her with the county treasurer. The
19municipal clerk shall deposit fees received by him or her with the municipal
20treasurer.
AB126, s. 162 21Section 162. 9.01 (1) (ar) 2. of the statutes is amended to read:
AB126,77,2422 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be
23filed with the clerk of the jurisdiction in which the referendum is called, and in the
24case of the state with the elections board division.
AB126, s. 163 25Section 163. 9.01 (1) (ar) 3. of the statutes is amended to read:
AB126,78,16
19.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
2under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
3Whenever the board division receives a valid petition and any payment under par.
4(ag) 3., the board division shall promptly by certified mail or other expeditious means
5order the proper county boards of canvassers to commence the recount. County
6boards of canvassers shall convene no later than 9 a.m. on the second day after
7receipt of an order and may adjourn for not more than one day at a time until the
8recount is completed in the county, except that the board division may permit
9extension of the time for adjournment. Returns from a recount ordered by the board
10division shall be transmitted to the office of the board division as soon as possible,
11but in no case later than 13 days from the date of the order of the board division
12directing the recount. The chairperson of the board or the chairperson's designee
13division may not make a determination in any election if a recount is pending before
14any county board of canvassers in that election. The chairperson of the board or the
15chairperson's designee
division need not recount actual ballots, but shall verify the
16returns of the county boards of canvassers in making his or her determinations.
AB126, s. 164 17Section 164. 9.01 (5) (a) of the statutes is amended to read:
AB126,79,618 9.01 (5) (a) The board of canvassers or the chairperson of the board or the
19chairperson's designee
division shall keep complete minutes of all proceedings before
20the board of canvassers or the chairperson or designee division. The minutes shall
21include a record of objections and offers of evidence. If the board of canvassers or the
22chairperson or chairperson's designee division receives exhibits from any party, the
23board of canvassers or the chairperson or designee division shall number and
24preserve the exhibits. The board of canvassers or the chairperson or chairperson's
25designee
division shall make specific findings of fact with respect to any irregularity

1raised in the petition or discovered during the recount. Any member of the board of
2canvassers or the chairperson or chairperson's designee any employee of the division
3may administer oaths, certify official acts and issue subpoenas for purposes of this
4section. Witness fees shall be paid by the county. In the case of proceedings before
5the chairperson of the board or chairperson's designee division, witness fees shall be
6paid by the board division.
AB126, s. 165 7Section 165. 9.01 (5) (bm) of the statutes is amended to read:
AB126,79,198 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers
9shall deliver to the board division one copy of the minutes of the proceedings kept
10under par. (a). In addition, in the case of a recount of an election for state or national
11office, for each candidate whose name appears on the ballot for that office under the
12name of a political party, the board of canvassers shall deliver one copy of the minutes
13to the chief officer, if any, who is named in any registration statement filed under s.
1411.05 (1) by the state committee of that political party, and in the case of a recount
15of an election for county office, for each candidate whose name appears on the ballot
16for that office under the name of a political party, the board of canvassers shall
17deliver one copy of the minutes to the chief officer, if any, who is named in any
18registration statement filed under s. 11.05 (1) by the county committee of that
19political party.
AB126, s. 166 20Section 166. 9.01 (5) (c) of the statutes is amended to read:
AB126,80,921 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers
22and the result is required to be reported to a county board of canvassers or to the
23chairperson of the board or the chairperson's designee division, the board of
24canvassers making the initial recount shall immediately certify the results to the
25county board of canvassers or to the chairperson of the board or designee division.

1If a county board of canvassers receives such results, it shall then convene not later
2than 9 a.m. on the next business day following receipt to examine the returns and
3determine the results. If the chairperson of the board or the chairperson's designee
4division receives such results, the chairperson or designee division shall publicly
5examine the returns and determine the results not later than 9 a.m. on the 3rd
6business day following receipt, but if that day is earlier than the latest day permitted
7for that election under s. 7.70 (3) (a), the chairperson of the board or designee division
8may examine the returns and determine the results not later than the day specified
9in s. 7.70 (3) (a).
AB126, s. 167 10Section 167. 9.01 (6) (a) of the statutes is amended to read:
AB126,81,211 9.01 (6) (a) Within 5 business days after completion of the recount
12determination by the board of canvassers in all counties concerned, or within 5
13business days after completion of the recount determination by the chairperson of
14the board or the chairperson's designee
division whenever a determination is made
15by the chairperson or designee division, any candidate, or any elector when for a
16referendum, aggrieved by the recount may appeal to circuit court. The appeal shall
17commence by serving a written notice of appeal on the other candidates and persons
18who filed a written notice of appearance before each board of canvassers whose
19decision is appealed, or in the case of a statewide recount, before the chairperson of
20the board or the chairperson's designee
division. The appellant shall also serve
21notice on the board division if the chairperson of the board or the chairperson's
22designee
division is responsible for determining the election. The appellant shall
23serve the notice by certified mail or in person. The appellant shall file the notice with
24the clerk of circuit court together with an undertaking and surety in the amount

1approved by the court, conditioned upon the payment of all costs taxed against the
2appellant.
AB126, s. 168 3Section 168. 9.01 (8) (a) of the statutes is amended to read:
AB126,81,64 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the
5determination of the board of canvassers or the chairperson of the board or
6chairperson's designee
division, it shall affirm the determination.
AB126, s. 169 7Section 169. 9.01 (8) (d) of the statutes is amended to read:
AB126,81,178 9.01 (8) (d) The court shall set aside or modify the determination of the board
9of canvassers or the chairperson of the board or chairperson's designee division if it
10finds that the board of canvassers or the chairperson or chairperson's designee
11division has erroneously interpreted a provision of law and a correct interpretation
12compels a particular action. If the determination depends on any fact found by the
13board of canvassers or the chairperson or chairperson's designee division, the court
14may not substitute its judgment for that of the board of canvassers or the chairperson
15or designee
division as to the weight of the evidence on any disputed finding of fact.
16The court shall set aside the determination if it finds that the determination depends
17on any finding of fact that is not supported by substantial evidence.
AB126, s. 170 18Section 170. 9.01 (10) of the statutes is amended to read:
AB126,81,2519 9.01 (10) Standard forms and methods. The elections board division shall
20prescribe standard forms and procedures for the making of recounts under this
21section. The procedures prescribed by the elections board division shall require the
22boards of canvassers in recounts involving more than one board of canvassers to
23consult with the elections board division staff prior to beginning any recount in order
24to ensure that uniform procedures are used, to the extent practicable, in such
25recounts.
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