2013 - 2014 LEGISLATURE
February 15, 2013 - Introduced by Representatives Thiesfeldt, Bernier,
LeMahieu, Ripp, Sinicki, Petryk, Kleefisch, T. Larson, Knodl, Berceau,
Schraa, Kahl and Marklein, cosponsored by Senators Gudex,
Grothman. Referred to Committee on Campaigns and Elections.
1An Act to amend
5.90 (1) of the statutes; relating to: the method of recounting
2votes cast with automatic tabulating equipment.
Analysis by the Legislative Reference Bureau
Currently, with a limited exception, a board of canvassers must use automatic
tabulating equipment to conduct a recount of ballots that are in machine-readable
form. However, a candidate, or an elector if the recount is for a referendum question,
may petition the circuit court for an order requiring ballots in machine-readable
form to be recounted by hand or by another method approved by the court. To obtain
such an order, the candidate or elector must show by clear and convincing evidence
that due to an irregularity, defect, or mistake committed during the voting or
canvassing process the results of a recount using automatic tabulating equipment
will produce incorrect results and there is a substantial probability that recounting
the ballots by hand or by another method will produce a more correct result and
change the outcome of the election.
This bill permits the board of canvassers conducting a recount to determine to
conduct the recount of a specific election by hand unless a court orders the recount
to be conducted by another method.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
5.90 (1) of the statutes is amended to read:
Except as otherwise provided in this subchapter, recounts of votes cast 2
on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. 3
Except as provided in this subsection,
and s. 9.01 (1) (b) 8s., if the ballots are 4
distributed to the electors, the board of canvassers shall recount the ballots with 5
automatic tabulating equipment. The board of canvassers shall test the automatic 6
tabulating equipment to be used prior to the recount as provided in s. 5.84, and then 7
the official ballots or the record of the votes cast shall be recounted on the automatic 8
tabulating equipment. In addition, the board of canvassers shall check the ballots 9
for the presence or absence of the initials and other distinguishing marks, shall 10
examine the ballots marked "Rejected", "Defective" and "Objected to" to determine 11
the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" 12
and "Duplicate Damaged Ballots" with their respective originals to determine the 13
correctness of the duplicates. Unless a court orders a recount to be conducted by
14another method under sub. (2), the board of canvassers may determine to conduct the
15recount of a specific election by hand.
If electronic voting machines are used, the 16
board of canvassers shall perform the recount using the permanent paper record of 17
the votes cast by each elector, as generated by the machines.
(1) This act first applies with respect to petitions for recounts at elections held 20
after the effective date of this subsection.