AB476: Bill Text

LRB-3438/4

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2011 - 2012 LEGISLATURE

2011 Assembly BILL 476

January 18, 2012 - Introduced by Representative Tauchen, cosponsored by Senator Lazich. Referred to Committee on Election and Campaign Reform.

AB476,1,10 An Act to renumber 7.52 (6) (a); to renumber and amend 7.52 (5) and 7.52 (6) (b); to amend 5.64 (1) (e) 1., 6.86 (2m) (a), 6.97 (4), 7.15 (4), 7.51 (1), 7.51 (5) (b), 7.515 (6) (b), 7.52 (1) (a), 7.53 (1), 7.53 (2) (d), 7.53 (3) (a), 7.60 (3), 7.60 (5) (a), 9.01 (1) (a) 1., 9.01 (1) (ag) 1., 9.01 (1) (ag) 1m., 9.01 (1) (ag) 2., 9.01 (1) (b) (intro.), 60.11 (2), 60.16 (1), 60.30 (4) (b), 66.1113 (2) (g), 66.1113 (2) (h) and 66.1333 (5m) (b); and to create 5.86 (3) and 7.15 (15) of the statutes; relating to: county and municipal canvassing procedures, provisional ballot information, the deadline for filing a recount petition, terms of town officers, the date of the annual town meeting, and technical revisions to certain election laws.

Analysis by the Legislative Reference Bureau

This bill makes changes to election laws pertaining to municipal and county canvassing procedures, provisional ballot information, the deadline for filing a petition for recounts, the terms of town officers, and the date of the annual town meeting, and makes technical revisions to certain election laws. Significant provisions include:

Municipal canvass

Currently, votes cast at polling places are publicly canvassed on election night at those polling places except that a municipality may canvass ballots used with an electronic voting system at a central location on election night and may canvass absentee ballots at a central location no later than 4 p.m. on the Thursday after an election. In municipalities having more than one polling place, the municipal board of canvassers must meet within 24 hours after the polls close to canvass the election. Municipalities must deliver their returns for county, state, and national offices to the appropriate counties by 4 p.m. on the day after each election or, in municipalities where absentee ballots are canvassed by a board of absentee ballot canvassers, by 4 p.m. on the second day after each election. If there are valid absentee ballots that are received by 4 p.m. on the Friday after the election or valid provisional ballots that were cast by electors providing proof of identification by that time, the municipal board of canvassers must reconvene by 9 a.m. on the following Saturday to count the ballots and must adjust the returns accordingly. Municipalities must report their amended returns for county, state, and national elections no later than 4 p.m. on the Saturday following each election. This bill provides that municipal boards of canvassers must meet no later than 9 a.m. on the Monday following each election to canvass or recanvass the returns. If the board of canvassers has met earlier, the board issues amended returns. Under the bill, municipalities must report their returns or amended returns, if any, for county, state, and national offices to the appropriate counties by 4 p.m. on the Monday following each election.

County canvass

Currently, each county board of canvassers must meet no later than 9 a.m. on the Thursday after each election to canvass the election returns. Counties must report their returns for each primary other than the partisan primary no later than seven days after the primary is held. This bill provides that each county board of canvassers must meet no later than 9 a.m. on the Tuesday after each election to canvass the election returns. Under the bill, counties must report their returns for each primary other than the partisan primary no later than nine days after the primary is held.

Posting of provisional ballot information

This bill directs each municipal clerk and board of election commissioners, as soon as possible after the polls close on election night, to post at their offices and on the Internet at a site announced by the clerk or board before the polls open, a statement of the number of outstanding provisional ballots that have been cast by electors of the municipality in the election as of the closing hour for all polling places in the municipality that cannot be counted as of that hour because the electors have not satisfied relevant voting requirements. Currently, municipal clerks must post similar information in the same manner concerning the number of absentee ballots returned and the number of absentee ballots mailed or transmitted but not returned, but need not post provisional ballot information.

Deadline for recount petitions to be filed

Currently, the latest time that a petition for a recount may be filed is not earlier than the time of completion of the municipal or county canvass at which the election is determined prior to any necessary reopening for the counting of valid absentee and provisional ballots and not later than 5 p.m. on the third business day following the last meeting day of the board of canvassers that makes the determination prior to any necessary reopening. For state and national offices and statewide referenda, the latest time that a petition may be filed is 5 p.m. on the third business day after the last meeting day of the last county board of canvassers to make a determination with respect to the office or referendum. Under this bill, the latest time that a petition for a recount may be filed is the third business day following the last meeting day of the board of canvassers that makes the determination following completion of any necessary reopening for the counting of provisional and absentee ballots. For state and national offices and statewide referenda, the latest time that a petition may be filed is determined, as under current law, with reference to the last meeting day of the last county board of canvassers to make a determination with respect to the office or referendum.

Terms of town officers; date of annual town meeting

Currently, the terms of town officers begin on the second Tuesday in April. The annual town meeting is held on the second Tuesday in April unless a town votes to change the date to a date that is no later than the tenth day following the second Tuesday in April. Under this bill, the terms of town officers begin on the third Tuesday in April. In the year in which this bill becomes law, there will be a seven-day period from the end of the prior terms until the beginning of the new terms, and towns fill the resulting vacancies during this period in accordance with current law. The bill also changes the date of the annual town meeting to the third Tuesday in April unless a town votes to change the date to a date that is no later than the tenth day following the third Tuesday in April.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB476, s. 1 Section 1. 5.64 (1) (e) 1. of the statutes is amended to read:

AB476,4,9 5.64 (1) (e) 1. Except as provided in subd. 2., each candidate's name shall be placed in the column of the party by which nominated or if independent, in a column designated independent and all candidates for the same office shall appear within the same rows on the ballot. If a separate column is provided to write in the names of any party candidates under subd. 2., the column shall appear before the column designated independent with the spaces provided to write in the names of the candidates for each such party appearing in the same order in which the columns of their parties would appear under par. (b). Along with the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers. Independent candidates for the same county office shall be listed in the same manner in an order drawn by lot by or under supervision of the county clerk or board of election commissioners. The board shall conduct a redrawing for purposes of determining the arrangement of independent candidates for state office who appeared on the primary ballot in the manner provided in s. 5.60 (1) (b).

AB476, s. 2 Section 2. 5.86 (3) of the statutes is created to read:

AB476,4,18 5.86 (3) Upon completion of the central count at a county seat, the county clerk shall return any ballots, statements, tally sheets, or envelopes relating solely to a municipal election to the appropriate municipal clerk and any ballots, statements, tally sheets, or envelopes relating solely to a school district election to the school district clerk. In addition, the county clerk shall report the results of the central count of votes for each office or referendum by ward or by combined wards authorized under s. 5.15 (6) (b) to the municipal clerk of the municipality where the votes are cast.

AB476, s. 3 Section 3. 6.86 (2m) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB476,5,22 6.86 (2m) (a) Except as provided in this subsection, any elector other than an elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may by written application filed with the municipal clerk of the municipality where the elector resides require that an absentee ballot be sent or transmitted to the elector automatically for every election that is held within the same calendar year in which the application is filed. The application form and instructions shall be prescribed by the board, and furnished upon request to any elector by each municipal clerk. The municipal clerk shall thereupon mail or transmit an absentee ballot to the elector for all elections that are held in the municipality during the same calendar year that the application is filed, except that the clerk shall not send an absentee ballot for an election if the elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that any envelope containing the absentee ballot is clearly marked as not forwardable. If an elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing or transmitting absentee ballots to an elector under this subsection upon receipt of reliable information that the elector no longer qualifies as an elector of the municipality. In addition, the municipal clerk shall discontinue mailing or transmitting absentee ballots to an elector under this subsection if the elector fails to return any absentee ballot mailed or transmitted to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. An elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

AB476, s. 4 Section 4. 6.97 (4) of the statutes is amended to read:

AB476,6,11 6.97 (4) Whenever a board of canvassers receives timely notification from the municipal clerk or executive director of the board of election commissioners under sub. (3) that an individual who has voted under this section is qualified to vote in the ward or election district where the individual's ballot is cast, the board of canvassers shall promptly reconvene and meet no later than 9 a.m. on the Monday following the election. The board of canvassers shall proceed to record the name of the individual who has cast the ballot and, if the ballot cast by the individual is otherwise valid, shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk or executive director transmits returns of the election to the county clerk or board of election commissioners, the municipal clerk or executive director shall transmit to the county clerk or board of election commissioners a copy of the amended returns together with amended tally sheets and all additional ballots counted reviewed by each the board of canvassers.

AB476, s. 5 Section 5. 7.15 (4) of the statutes is amended to read:

AB476,6,16 7.15 (4) Recording electors. Within Except as authorized in s. 6.33 (5) (a), within 30 days after each election, the municipal clerk shall enter on the registration list under the name of each elector of the municipality who has voted at the election an indication of the date of the election in which the elector voted.

AB476, s. 6 Section 6. 7.15 (15) of the statutes is created to read:

AB476,6,24 7.15 (15) Provide notice of outstanding provisional ballots. As soon as possible after the closing hour for all polling places in the municipality on election night, the municipal clerk shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of electors who have cast provisional ballots at the election in the municipality that cannot be counted as of that closing hour because the electors have not satisfied relevant voting requirements.

AB476, s. 7 Section 7. 7.51 (1) of the statutes is amended to read:

AB476,7,17 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass of all ballots cast and received on or before election day is completed and the return statement is made or, in municipalities where absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots cast and received on or before election day is completed and the return statement for those ballots is made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

AB476, s. 8 Section 8. 7.51 (5) (b) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

AB476,8,13 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists, and envelopes relating to a school district election to the school district clerk, excluding any absentee ballots that are received after the closing hour on election night and any provisional ballots, by 4 p.m. on the day following each such election and shall deliver to the school district clerk any amended statements, tally sheets, and lists for additional provisional and absentee ballots canvassed under s. 6.97 (4) or 7.515 (6) (b) no later than 4 p.m. on the Monday after the election. The municipal clerk shall deliver to the county clerk the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk no later than 4 p.m. on the day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 4 p.m. on the 2nd day following each such election, and shall deliver to the county clerk any additional provisional and absentee ballots canvassed under s. 6.97 (4) or 7.515 (6) (b) together with amended statements, tally sheets, lists, and envelopes no later than 4 p.m. on the day after receiving any corrected returns under s. 7.515 (6) (b) Monday after the election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

AB476, s. 9 Section 9. 7.515 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

AB476,9,2 7.515 (6) (b) Whenever a board of canvassers receives notification from a municipal clerk under par. (a), the board of canvassers shall reconvene meet no later than 9 a.m. on the day Monday after the last day permitted for acceptance of absentee ballots under sub. (3) and election. The board of canvassers shall proceed to open and record the names of the absentee electors whose ballots have been received. If the ballot cast by an absentee elector is otherwise valid, the board of canvassers shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk transmits returns of the election to the county clerk, the municipal clerk shall transmit to the county clerk a copy of the amended returns together with all additional ballots and envelopes reviewed by the board of canvassers and with amended tally sheets.

AB476, s. 10 Section 10. 7.52 (1) (a) of the statutes is amended to read:

AB476,9,21 7.52 (1) (a) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall, at each election held in the municipality, canvass all absentee ballots at all elections held in the municipality received by the municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this subsection, the municipal clerk or board of election commissioners of the municipality shall notify the board in writing of the proposed enactment and shall consult with the board concerning administration of this section. At every election held in the municipality following enactment of an ordinance under this subsection, the board of absentee ballot canvassers shall, any time after the opening of the polls and before 10 p.m. on election day, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours' notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of absentee ballot canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

AB476, s. 11 Section 11. 7.52 (5) of the statutes is renumbered 7.52 (5) (a) and amended to read:

AB476,9,25 7.52 (5) (a) The vote of any absent elector may be challenged by any elector for cause and the board of absentee ballot canvassers shall have all the power and authority given the inspectors to hear and determine the legality of the ballot the same as if the ballot had been voted in person.

AB476, s. 12 Section 12. 7.52 (6) (a) of the statutes is renumbered 7.52 (6).

AB476, s. 13 Section 13. 7.52 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 23, is renumbered 7.52 (5) (b) and amended to read:

AB476,11,2 7.52 (5) (b) Any elector may challenge for cause any absentee ballot. For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

AB476, s. 14 Section 14. 7.53 (1) of the statutes is amended to read:

AB476,12,10 7.53 (1) Municipalities with one polling place. 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 the municipal clerk has not mailed or transmitted absentee ballots to any electors of the municipality that have not been returned by election night, 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. If one or more electors of the municipality have cast provisional ballots that are eligible to be counted under s. 6.97 or if the municipal clerk receives one or more absentee ballots by 4 p.m. on the Friday after the election that are eligible to be counted under s. 7.515 (6) (b), 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 and absentee ballots and shall adjust the returns accordingly. Upon completion of the canvass under this subsection 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.

AB476, s. 15 Section 15. 7.53 (2) (d) of the statutes is amended to read:

AB476,13,7 7.53 (2) (d) The 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 within 24 hours after the polls close 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 2nd 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.

AB476, s. 16 Section 16. 7.53 (3) (a) of the statutes is amended to read:

AB476,14,11 7.53 (3) (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 as soon as possible after receipt of the returns 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). The 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 or absentee ballots that are eligible to be counted under s. 6.97 (4) or 7.515 (6) (b), 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).

AB476, s. 17 Section 17. 7.60 (3) of the statutes is amended to read:

AB476,15,2 7.60 (3) Canvassing. Not later than 9 a.m. on the Thursday Tuesday after each election the county board of canvassers shall open and publicly examine the returns. If returns have not been received from any election district or ward in the county, they shall dispatch a messenger and the person having them shall deliver the returns to the messenger. If, on examination, any of the returns received are so informal or defective that the board cannot intelligently canvass them, they shall dispatch a messenger to deliver the returns back to the municipal board of canvassers with written specifications of the informalities or defects and command them to immediately complete the returns or remedy the defects in the manner required and deliver them to the messenger. Every messenger shall safely keep all returns, show them to no one but the municipal clerk and board of canvassers and deliver them to the county clerk with all possible dispatch. To acquire the necessary full returns and remedy any informalities or defects the county board of canvassers may adjourn not longer than one day at a time nor more than 2 days in all.

AB476, s. 18 Section 18. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

AB476,15,22 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or send transmit to the government accountability board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the government accountability board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the government accountability board no later than 7 9 days after each primary except the partisan primary, no later than 10 days after the partisan primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB476, s. 19 Section 19. 9.01 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

AB476,16,22 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 7.515 (6) (b) following canvassing of all valid provisional and absentee ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 7.515 (6) (b) following canvassing of all valid provisional and absentee ballots. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional and absentee ballots and not later than 5 p.m. on the 3rd business day following the day on which the government accountability board receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional and absentee ballots.