Recount Fees
Under current law, each petition for a recount must be accompanied by a fee which
is determined by the vote differential between the votes cast for the leading candidate and
those for the petitioner or between the affirmative and negative votes cast upon a
referendum question. If the vote differential is less than 10 and the total votes cast are
1,000 or less, or less than one-half of 1% of the total votes cast if more than 1,000 votes
are cast, the petitioner is not required to pay a fee. If the vote differential is at least 10
out of a total vote of 1,000 or less, or at least one-half of 1% if more than 1,000 votes are
cast, the petitioner is required to pay a fee of $5 for each ward for which the petition
requests a ballot recount, or $5 for each municipality where no wards exist.
This bill specifies the following recount fees depending on the vote differential
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:
1. No fee if the vote differential is less than one-half of 1%.
2. Five dollars per ward (or municipality where no wards exist) if the vote
differential is at least one-half of 1% but less than 3%.
3. One-half the actual cost of the recount if the vote differential is at least 3% but
less than 5%.
4. The actual cost of the recount if the vote differential is 5% or more.
Additionally, the bill requires the elections board to promulgate an administrative
rule defining the "actual cost" of conducting a recount.
Delivery of Recount Documents
Under current law, when a petition for an election recount is filed, the clerk or body
with whom the petition is filed must have copies of the petition delivered to the candidates
affected by the recount by the sheriff in the manner provided for service of a summons
in a civil action.
This bill allows the opportunity for a candidate or an agent designated by the
candidate to personally accept a copy of the petition.
Minutes of Recount Proceedings

Under current law, a board of canvassers must keep complete minutes of all of its
recount proceedings. This bill requires a copy of those minutes to be provided to the state
elections board.
Time for a Hearing on Recount Appeals
Under current law, an appeal of a recount determination may be made to the circuit
court. When an appeal is filed, the court must set the matter for a hearing. However, the
time prescribed by the statutes in which the hearing must be held appears to conflict in
2 different statutory provisions. One provision requires the hearing to be held within 5
days of the date of the order requiring the municipal clerks to transfer relevant election
materials to the court and another provision requires the hearing to be held within 15
days of the filing of an answer to the appeal. This bill removes this apparent conflict and
requires the court to hold a hearing 15 days after the date that the answer to the appeal
is filed.
AB959, s. 1 1Section 1. 5.01 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is
2amended to read:
AB959,10,93 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
4an equal number of votes, the winner shall be chosen by lot in the presence of the
5board of canvassers charged with the responsibility to determine the election, except
6as provided in s. 8.17 (4) (b),
or in the case of an election for state or national office
7or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan
8sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the
9presence of the chairperson of the board.
AB959, s. 2 10Section 2. 5.02 (26) of the statutes is created to read:
AB959,10,1311 5.02 (26) "Write-in candidate" means a candidate who seeks or receives votes
12at an election for an office without qualifying to have his or her name appear on the
13ballot at that election for the office for which the candidate seeks or receives votes.
AB959, s. 3 14Section 3. 5.05 (1) (e) of the statutes is amended to read:
AB959,11,515 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena
16under par. (b), apply for a search warrant under par. (b), commence an action under
17par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
185.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),

1exempt a municipality from the requirement to use voting machines or an electronic
2voting system under s. 5.40 (5m), approve an electronic data recording system for
3maintaining poll lists under s. 6.79,
or authorize nonappointment of an individual
4who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
5limitations as the board deems appropriate.
AB959, s. 4 6Section 4. 5.15 (6) (b) of the statutes is amended to read:
AB959,12,47 5.15 (6) (b) No later than 60 days before each September primary and general
8election, and no later than 30 days before each other election the governing body of
9any municipality may by resolution combine 2 or more wards for voting purposes to
10facilitate using a common polling place. Whenever wards are so combined, the
11original ward numbers shall continue to be utilized for all official purposes. Except
12as otherwise authorized under this paragraph, every municipality having a
13population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain
14separate returns for each ward so combined. In municipalities having a population
15of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may
16provide in the resolution that returns shall be maintained only for each group of
17combined wards at any election. In municipalities having a population as shown in
18the 1990 federal decennial census of at least 87,000 but not more than 150,000, the
19governing body may provide in a resolution adopted prior to June 1, 1996 that groups
20of not more than 2 wards shall use common ballot boxes and ballots or voting
21machines and that returns shall be maintained only for each group of combined
22wards at any election held prior to June 1, 1996.
Whenever a governing body
23provides for common ballot boxes and ballots or voting machines, separate returns
24shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the
25September primary and general election. The municipal clerk shall transmit a copy

1of the resolution to the county clerk of each county in which the municipality is
2contained. In municipalities having a population of less than 50,000 , or less than
335,000 after June 1, 1996
, the resolution shall remain in effect for each election until
4modified or rescinded, or until a new division is made under this section.
AB959, s. 5 5Section 5. 5.25 (1) of the statutes is amended to read:
AB959,12,116 5.25 (1) All elections under chs. 5 to 12 shall be held at the polling places
7provided in this section. So far as practicable, the The places chosen shall be public
8buildings, unless the use of a public building for this purpose is impracticable or a
9nonpublic building better serves the needs of the electorate, as determined by the
10authority charged with the responsibility for establishing polling places under sub.
11(2)
.
AB959, s. 6 12Section 6. 5.25 (4) (b) of the statutes is repealed.
AB959, s. 7 13Section 7. 5.25 (4) (d) of the statutes is created to read:
AB959,12,1814 5.25 (4) (d) No later than June 30, 1999, and every 2 years thereafter, the board
15shall submit a report on impediments to voting faced by elderly and handicapped
16individuals to the appropriate standing committees of the legislature under s. 13.172
17(3). In preparing its report under this paragraph, the board shall consult with
18appropriate advocacy groups representing the elderly and handicapped populations.
AB959, s. 8 19Section 8. 5.35 (6) (a) 4. of the statutes is repealed.
AB959, s. 9 20Section 9. 5.37 (3) of the statutes is amended to read:
AB959,12,2421 5.37 (3) For presidential electors one device shall be provided to vote for all of
22one party's electoral candidates at the same time. The device shall be opposite or
23adjacent to the ballot containing the names of the party's candidates for president
24and vice president.
AB959, s. 10 25Section 10. 5.51 (8) of the statutes is created to read:
AB959,13,2
15.51 (8) Unless otherwise specifically provided, the form of all ballots shall
2conform to the ballot forms prescribed by the board under s. 7.08 (1) (a).
AB959, s. 11 3Section 11. 5.55 (intro.) of the statutes is renumbered 5.55 and amended to
4read:
AB959,13,16 55.55 Ballot identification. On every ballot, except a ballot label or voting
6machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for ...."
7followed by the designation of the polling place for which the ballot has been
8prepared, the date of the election, and the official endorsement and blank
9certificates. The number of the ward or wards or aldermanic district, if any, and the
10name of the municipality may be omitted in printing and stamped or written on the
11ballots at any location which is clearly visible at the option of the county clerk.
12Printed information and initials shall appear on the back and outside of the ballot.
13When a ballot card is employed with an electronic voting system, the date of the
14election may be printed or stamped on the back of the ballot card in such a manner
15that the card is not reusable, at the option of the county clerk. Each ballot shall be
16prepared in substantially the following form:
AB959, s. 12 17Section 12. 5.55 (form) of the statutes is repealed.
AB959, s. 13 18Section 13. 5.58 (1c) of the statutes is amended to read:
AB959,13,2419 5.58 (1c) Municipal judge. There shall be a separate ballot for municipal
20judges if they are elected under s. 755.01 (4). Arrangement of the names on the ballot
21shall be determined by the board. The ballot shall be entitled "Official Primary
22Ballot for Municipal Judge"
county clerk or the executive director of the county board
23of election commissioners of the county having the largest portion of the population
24in the jurisdiction served by the judge
.
AB959, s. 14 25Section 14. 5.58 (1r) of the statutes is amended to read:
AB959,14,8
15.58 (1r) Town sanitary district commission. There shall be a separate ballot
2for members of the town sanitary district commission if commissioners are elected
3under s. 60.74 and the boundaries of the district are not coterminous with one or more
4towns. Candidates for different seats shall be listed in separate columns or rows if
5more than one seat is contested in any election. Arrangement of the names on the
6ballot shall be determined by the town clerk of the town whose board of supervisors
7directs the election, in the same manner as provided in s. 5.60 (1) (b). The ballot shall
8be titled "Official Primary Ballot for Town Sanitary District Commission".
AB959, s. 15 9Section 15. 5.58 (2) (a) of the statutes is renumbered 5.58 (2) and amended to
10read:
AB959,14,2211 5.58 (2) State superintendent of public instruction; judiciary; county
12executive; and county supervisors.
There shall be one separate ballot for state
13superintendent, judicial officers, county executive under s. 59.17 and county
14supervisor. In counties having a population of 500,000 or more, the ballot also shall
15include those offices under s. 8.11 (2) and (2m). The arrangement of names of
16candidates for state superintendent, justice, court of appeals judge and circuit court
17judge shall be determined by the board in the manner specified in s. 5.60 (1) (b).
18Arrangement of the names of candidates for county executive and county supervisor
19shall be determined by the county clerk or by the executive director of the county
20board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot
21shall be titled "Official Ballot for State Superintendent of Public Instruction,
22Judicial, County Executive and County Supervisor Primary".
AB959, s. 16 23Section 16. 5.58 (2) (b) of the statutes is repealed.
AB959, s. 17 24Section 17. 5.58 (2m) of the statutes is amended to read:
AB959,15,6
15.58 (2m) Metropolitan sewerage commission. There shall be a separate
2ballot for members of the metropolitan sewerage commission if commissioners are
3elected under s. 66.23 (11) (am), with candidates for different seats listed in separate
4columns or rows if more than one seat is contested at any election. Arrangement of
5the names on the ballot shall be determined by the board. The ballot shall be titled
6"Official Primary Ballot for Metropolitan Sewerage Commission".
AB959, s. 18 7Section 18. 5.60 (1) (intro.) of the statutes is amended to read:
AB959,15,168 5.60 (1) State superintendent; judiciary; county executive and county
9supervisors.
(intro.) There shall be one separate ballot for state superintendent,
10judicial officers, county executive and county supervisor. For county supervisor, the
11ballot shall be prepared in accordance with ss. 5.58 (2) and 59.10 (3). Arrangement
12of the names of candidates for county executive and, county supervisor and
13municipal judge, if the judge is elected under s. 755.01 (4),
shall be determined by
14the county clerk or the executive director of the county board of election
15commissioners determining ballot arrangement under s. 5.58 (1c), in the manner
16prescribed in par. (b).
AB959, s. 19 17Section 19. 5.60 (1) (b) of the statutes is amended to read:
AB959,16,318 5.60 (1) (b) The board shall certify the candidates' names and designate the
19official ballot arrangement for candidates for state superintendent, justice, court of
20appeals judge, circuit judge, municipal judge elected under s. 755.01 (4) and, if
21commissioners are elected under s. 66.23 (11) (am), the metropolitan sewerage
22commission. The arrangement of names of all candidates on the ballot whose
23nomination papers are filed with the board shall be determined by the board by the
24drawing of lots not later than the 2nd Tuesday in January, or the next day if the first
25Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all

1candidates for that office shall be held by or under the supervision of the board not
2later than the 3rd day following the completion of the primary canvass to determine
3the arrangement of candidates on the election ballot.
AB959, s. 20 4Section 20. 5.60 (8) (a) of the statutes is amended to read:
AB959,16,65 5.60 (8) (a) An official ballot shall be printed and provided for use in each voting
6district. The form of each ballot shall be substantially as follows:
AB959,16,7 71. Form 1, to be used when there are several candidates:
AB959,16,8 8OFFICIAL BALLOT
AB959,16,9 9PRESIDENTIAL PREFERENCE VOTE
AB959,16,10 10.... Party
AB959,16,11 11Mark this ballot in one space only. You have one of 3 choices—you may either:
AB959,16,13 12Express your preference for one of the persons whose names are printed on this
13ballot (in that case, make a cross (
8) in the square after that person's name); or
AB959,16,16 14Vote for an uninstructed delegation from Wisconsin to the national convention
15of the .... party (in that case, make a cross (
8) in the square following "Uninstructed
16delegation"); or
AB959,16,19 17Write in the name of another person to become the presidential candidate of the
18.... party (in that case, write that person's name into the space following "Write-in
19candidate").
AB959,16,20 20OLE CARLSON( )
AB959,16,21 21AMOS DUNCAN( )
AB959,16,22 22JAMES UNDERWOOD( )
AB959,16,23 23Uninstructed delegation( )
AB959,16,24 24Write-in candidate
AB959,16,25 252. Form 2, to be used when there is only one candidate:
AB959,17,1
1OFFICIAL BALLOT
AB959,17,2 2PRESIDENTIAL PREFERENCE VOTE
AB959,17,3 3.... Party
AB959,17,4 4Mark this ballot in one space only. You have one of 3 choices—you may either:
AB959,17,6 5Express your preference for the person whose name is printed on this ballot (in
6that case, make a cross (
8) in the square after that person's name); or
AB959,17,9 7Vote for an uninstructed delegation from Wisconsin to the national convention
8of the .... party (in that case, make a cross (
8) in the square marked "Uninstructed
9delegation" following that person's name); or
AB959,17,12 10Write in the name of another person to become the presidential candidate of the
11.... party (in that case, write that person's name into the space following "Write-in
12candidate").
AB959,17,13 13JOHN DOE( )
AB959,17,14 14Uninstructed delegation( )
AB959,17,15 15Write-in candidate
AB959,17,17 163. Form 3, to be used when there are no candidates who have qualified to appear
17on the ballot:
AB959,17,18 18OFFICIAL BALLOT
AB959,17,19 19PRESIDENTIAL PREFERENCE VOTE
AB959,17,20 20.... Party
AB959,17,23 21Mark this ballot in one space only. There are no candidates of the .... party who
22have qualified to have their names appear on the printed ballot. You have 2
23choices—you may either:
AB959,18,3
1Express your preference for an uninstructed delegation from Wisconsin to the
2national convention of the .... party (in that case, make a cross (
8) in the square
3following "Uninstructed delegation"); or
AB959,18,6 4Write in the name of a person to become the presidential candidate of the ....
5party (in that case, write that person's name into the space following "Write-in
6candidate").
AB959,18,7 7Uninstructed delegation( )
AB959,18,8 8Write-in candidate
AB959, s. 21 9Section 21. 5.62 (1) (a) of the statutes is amended to read:
AB959,19,610 5.62 (1) (a) At September primaries, the following ballot shall be provided for
11the nomination of candidates of recognized political parties for national, state and
12county offices and independent candidates for state office in each ward, in the same
13form as prescribed by the board under s. 7.08 (1) (a). The ballots shall be made up
14of the several party tickets with each party entitled to participate in the primary
15under par. (b) or sub. (2) having its own ballot. The independent candidates for state
16office other than district attorney
shall have a separate ballot for all such candidates
17as under s. 5.64 (1) (e). The ballots shall be secured together at the bottom. The party
18ballot of the party receiving the most votes for president or governor at the last
19general election shall be on top with the other parties arranged in descending order
20based on their vote for president or governor at the last general election. The ballots
21of parties qualifying under sub. (2) shall be placed after the parties qualifying under
22par. (b), in the same order in which the parties filed petitions with the board. The
23ballot listing the independent candidates shall be placed at the bottom. On that
24ballot, if a place is designated to write in the names of any party candidates under
25par. (b) 2. or sub. (2) (b), the places shall appear before the names of the independent

1candidates in the same order in which the ballots of their parties would appear under
2this paragraph.
At polling places where voting machines are used, each party and
3the independent candidates shall be represented in one or more separate columns
4or rows on the ballot. At polling places where an electronic voting system is used
5other than an electronic voting machine, each party and the independent candidates
6may be represented in separate columns or rows on the ballot.
AB959, s. 22 7Section 22. 5.62 (1) (b) of the statutes is renumbered 5.62 (1) (b) 1. and
8amended to read:
AB959,19,259 5.62 (1) (b) 1. Every Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every
10recognized political party listed on the official ballot at the last gubernatorial election
11whose candidate for any statewide office received at least one percent 1% of the total
12votes cast for that office and, if the last general election was also a presidential
13election, every recognized political party listed on the ballot at that election whose
14candidate for president received at least one percent 1% of the total vote cast for that
15office shall have a separate primary ballot or one or more separate columns or rows
16on the primary ballot as prescribed in par. (a) and a separate column on the general
17election ballot in every ward and election district. An organization which was listed
18as "independent" at the last general election and whose candidate meets the same
19qualification shall receive the same ballot status upon petition of the chairperson
20and secretary of the organization to the board requesting such status and specifying
21their party name, which may not duplicate the name of an existing party. A petition
22under this paragraph subdivision may be filed no later than 5 p.m. on June 1 in the
23year of each general election. This paragraph applies to a party only if at least one
24candidate of the party for a state office qualifies to have his or her name appear on
25the ballot under the name of the party at the last gubernatorial election.
AB959, s. 23
1Section 23. 5.62 (1) (b) 2. of the statutes is created to read:
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