AB126: Bill Text

AB126,63,16 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the elections board division, 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 elections board division 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 elections board division no later than 7 days after each primary except the September primary, no later than 10 days after the September 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.

AB126,64,2 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections board division receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections board division to reopen and correct the canvass. The elections board division shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections board division directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections board division or secretary of the technical college district board.

AB126, s. 133 Section 133. 7.70 (1) (a) and (b), (3) (a), (b), (c), (d), (e) (intro.), (g), (h) and (i) and (5) (a) and (b) of the statutes are amended to read:

AB126,64,7 7.70 (1) (a) Upon receipt of the certified statements from the county clerks, the elections board division shall record the election results by counties and file and carefully preserve the statements.

AB126,64,14 (b) If any county clerk fails or neglects to forward any statements, the elections board division may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, the elections board division may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board division may return it to the county clerk for correction.

AB126,64,21 (3) (a) The chairperson of the board or a designee of the chairperson appointed by the chairperson to canvass a specific election division shall publicly canvass the returns and make his or her its certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 3rd Wednesday following a September primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.

AB126,65,7 (b) The chairperson of the board or the chairperson's designee division shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the chairperson of the board or the chairperson's designee division may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the board division.

AB126,65,9 (c) The chairperson of the board or the chairperson's designee division shall conclude the state canvass within 10 days after its commencement.

AB126,65,20 (d) When the certified statements and returns are received, the chairperson of the board or the chairperson's designee division shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

AB126,65,23 (e) (intro.) The chairperson of the board administrator or the chairperson's administrator's designee shall make a special statement to the board division as soon as possible after the canvass certifying:

AB126,66,10 (g) Following each primary election, the chairperson of the board or the chairperson's designee administrator shall prepare a statement certifying the results of the primary, which shall indicate the names of the persons who have won nomination to any state or national office. Following each other election, the chairperson of the board or the chairperson's designee administrator shall prepare a statement certifying the results of the election and shall attach to the statement a certificate of determination which shall indicate the names of persons who have been elected to any state or national office. The chairperson of the board or the chairperson's designee administrator shall likewise prepare a statement and certificate for any statewide referendum. The chairperson of the board administrator or the chairperson's administrator's designee shall deliver each statement and determination to the board division .

AB126,66,19 (h) Whenever a referendum question submitted to a vote of the people is approved, the board division shall record it and the secretary of state shall have the record bound in the volume containing the original enrolled laws passed at the next succeeding session of the legislature and have the record published with the laws thereof. Whenever a constitutional amendment or other statewide validating or ratifying referendum question which is approved by the people does not expressly state the date of effectiveness, it shall become effective at the time the chairperson of the board or the chairperson's designee administrator certifies that the amendment or referendum question is approved.

AB126,67,5 (i) The chairperson of the board or the chairperson's designee division shall canvass only regular returns made by the county board of canvassers and shall not count or canvass any additional or supplemental returns or statements made by the county board or any other board or person. The chairperson of the board or the chairperson's designee division shall not count or canvass any statement or return which has been made by the county board of canvassers at any other time than that provided in s. 7.60. This provision does not apply to any return made subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior return from the same county for the same office; or to a statement given to the chairperson of the board or chairperson's designee division or a messenger sent by the chairperson or designee division to obtain a correction.

AB126,67,22 (5) (a) The board division shall record in its office each certified statement and determination made by the chairperson of the board or the chairperson's designee division. Immediately after the expiration of the time allowed to file a petition for recount, the board division shall make and transmit to each person declared elected a certificate of election under the seal of the board division. It shall also prepare similar certificates, attested by the executive director of the board administrator, addressed to the U.S. house of representatives, stating the names of those persons elected as representatives to the congress from this state. In the case of U.S. senators, the board division shall prepare a certificate of election for the governor's signature, and the governor shall sign and affix the great seal of the state and transmit the certificate to the president of the U.S. senate. The certificate shall be countersigned by the secretary of state. If a person elected was elected to fill a vacancy, the certificate shall so state. When a valid petition for recount is filed, the chairperson of the board or the chairperson's designee administrator may not certify a nomination, and the governor or board division may not issue a certificate of election until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.

AB126,68,4 (b) For presidential electors, the elections board division shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state and transmit the certificate by registered mail to the U.S. administrator of general services. The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday after the 2nd Wednesday in December.

AB126, s. 134 Section 134. 8.07 of the statutes is amended to read:

AB126,68,8 8.07 Validity of nomination papers. The board division shall promulgate rules under this chapter for use by election officials in determining the validity of nomination papers and signatures thereon.

AB126, s. 135 Section 135. 8.10 (6) (a) of the statutes is amended to read:

AB126,68,12 8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am), in the office of the board division.

AB126, s. 136 Section 136. 8.12 (1) (a) of the statutes is amended to read:

AB126,68,22 8.12 (1) (a) No later than 5 p.m. on the 3rd Tuesday in November, or the next day if Tuesday is a holiday, of the year before each year in which electors for president and vice president are to be elected, the state chairperson of each recognized political party listed on the official ballot at the last gubernatorial election whose candidate for governor received at least 10% of the total votes cast for that office may certify to the board division that the party will participate in the presidential preference primary. For each party filing such a certification, the voters of this state shall at the spring primary be given an opportunity to express their preference for the person to be the presidential candidate of that party.

AB126, s. 137 Section 137. 8.12 (1) (b) of the statutes is amended to read:

AB126,69,16 8.12 (1) (b) On the 2nd Tuesday in December of the year before each year in which electors for president and vice president are to be elected, there shall be convened in the capitol a committee consisting of, for each party filing a certification under this subsection, the state chairperson of that state party organization or the chairperson's designee, one national committeeman and one national committeewoman designated by the state chairperson; the speaker and the minority leader of the assembly or their designees, and the president and the minority leader of the senate or their designees. All designations shall be made in writing to the board division. This committee shall organize by selecting an additional member who shall be the chairperson and shall determine, and certify to the board division, no later than on the Friday following the date on which the committee convenes under this paragraph, the names of all candidates of the political parties represented on the committee for the office of president of the United States. The committee shall place the names of all candidates whose candidacy is generally advocated or recognized in the national news media throughout the United States on the ballot, and may, in addition, place the names of other candidates on the ballot. The committee shall have sole discretion to determine that a candidacy is generally advocated or recognized in the national news media throughout the United States.

AB126, s. 138 Section 138. 8.12 (1) (c) of the statutes is amended to read:

AB126,70,3 8.12 (1) (c) No later than 5 p.m. on the first Tuesday in January of each presidential election year, any person seeking the nomination by the national convention of a political party filing a certification under this subsection for the office of president of the United States, or any committee organized in this state on behalf of and with the consent of such person, may submit to the board division a petition to have the person's name appear on the presidential preference ballot. The petition may be circulated no sooner than the 2nd Tuesday in December preceding such year and shall be signed by a number of qualified electors equal in each congressional district to not less than 1,000 signatures nor more than 1,500 signatures. The form of the petition shall conform to the requirements of s. 8.40. All signers on each separate petition paper shall reside in the same congressional district.

AB126, s. 139 Section 139. 8.12 (1) (d) of the statutes is amended to read:

AB126,70,12 8.12 (1) (d) The board division shall forthwith contact each person whose name has been placed in nomination under par. (b) and notify him or her that his or her name will appear on the Wisconsin presidential preference ballot unless he or she files, no later than 5 p.m. on the first Tuesday in January of such year, with the board division, a disclaimer stating without qualification that he or she is not and does not intend to become a candidate for the office of president of the United States at the forthcoming presidential election. The disclaimer may be filed with the board division by certified mail, telegram, or in person.

AB126, s. 140 Section 140. 8.12 (2) of the statutes is amended to read:

AB126,70,18 8.12 (2) Ballots. The form of the official ballots shall be prescribed by the board division . The ballot shall provide to an elector the opportunity to vote for an uninstructed delegation to represent this state at the presidential nominating convention of his or her party, or to write in the name of a candidate for the presidential nomination of his or her party.

AB126, s. 141 Section 141. 8.12 (3) of the statutes is amended to read:

AB126,70,23 8.12 (3) Reporting of results. No later than the 2nd Tuesday following the presidential preference primary, the board division shall notify each state party organization chairperson under sub. (1) (b) of the results of the presidential preference primary within the state and within each congressional district.

AB126, s. 142 Section 142. 8.15 (8) (a) of the statutes is amended to read:

AB126,71,2 8.15 (8) (a) For state offices and the offices of U.S. senator and representative in congress, in the office of the board division.

AB126, s. 143 Section 143. 8.16 (2) (b) of the statutes is amended to read:

AB126,71,7 8.16 (2) (b) If the person is a candidate for state office, the person files a statement of economic interests under s. 19.43 (4), no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the person by the board division; and

AB126, s. 144 Section 144. 8.16 (7) of the statutes is amended to read:

AB126,71,15 8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each party entitled to a September primary ballot shall be the party's candidates for president, vice president and presidential electors. The state or national chairperson of each such party shall certify the names of the party's nominees for president and vice president to the board division no later than 5 p.m. on the first Tuesday in September preceding a presidential election. Each name shall be in one of the formats authorized in s. 7.08 (2) (a).

AB126, s. 145 Section 145. 8.17 (9) (a) of the statutes is amended to read:

AB126,71,23 8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents of that county may voluntarily form a committee, which, upon approval of the state committee and certification by the secretary of the state committee to the board division and the county clerk or board of election commissioners, shall then become the county committee with equal standing as if it had been organized under sub. (5) (a). This standing shall remain unless and until a committee is organized under sub. (5) (a).

AB126, s. 146 Section 146. 8.17 (12) of the statutes is amended to read:

AB126,72,4 8.17 (12) The secretary of the state committee of each recognized political party under s. 5.62 (1) (b) or (2) shall notify the board division in writing of the name and address of the elected state committee chairperson within 10 days of his or her election.

AB126, s. 147 Section 147. 8.18 (2) of the statutes is amended to read:

AB126,72,9 8.18 (2) The purpose of the convention is to nominate one presidential elector from each congressional district and 2 electors from the state at large. The names of the nominees shall be certified immediately by the chairperson of the state committee of each party to the chairperson of the elections board administrator.

AB126, s. 148 Section 148. 8.185 (1) of the statutes is amended to read:

AB126,72,17 8.185 (1) The names of candidates for president and vice president may be written in, in the place provided, on the general ballot at the general election for choosing the president and vice president of the United States. Write-in votes shall be listed as scattering unless the person whose name is written in has a list of presidential electors on file with the board division in accordance with this section or unless the person whose name is written in has received more than 10% of the total vote cast in the ward, or in the municipality if not divided into wards.

AB126, s. 149 Section 149. 8.185 (2) of the statutes is amended to read:

AB126,73,6 8.185 (2) Any candidates for the office of president and vice president of the United States as write-in candidates shall file a list of presidential electors and a declaration of candidacy in the manner prescribed in s. 8.21 with the board division no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the general election to choose the president and vice president of the United States. The list shall contain one presidential elector from each congressional district and 2 electors from the state at large and the names of the candidates for president and vice president for whom they intend to vote, if elected. Compliance with this subsection may be waived by the board division but only if the results of the general election indicate that a write-in candidate for the office of president is eligible to receive the electoral votes of this state except for noncompliance with this subsection. In such event, the write-in candidate shall have until 4:30 p.m. on the Friday following the general election to comply with the filing requirements of this subsection.

AB126, s. 150 Section 150. 8.185 (3) of the statutes is amended to read:

AB126,73,11 8.185 (3) If more than one list of presidential electors is filed with the board division by any write-in candidates for the offices of president and vice president of the United States, the first list filed shall be considered the valid list, provided that this list meets the additional requirements of this section.

AB126, s. 151 Section 151. 8.19 (1) of the statutes is amended to read:

AB126,73,18 8.19 (1) The state committee of any party polling less than 75,000 presidential votes in this state in the last election may change the name of the party. The new name may not duplicate that of an existing national party. A certificate of approval by the party's national committee which has been certified by the national committee secretary, the state committee chairperson and the state committee secretary shall be filed with the board division.

AB126, s. 152 Section 152. 8.19 (3) of the statutes is amended to read:

AB126,74,2 8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on the September primary and general election ballots has exclusive right to the use of the name designating it at any election involving political parties. The board division shall not certify nor the county clerk print the name of any person whose nomination papers indicate a party name comprising a combination of existing party names, qualifying words, phrases, prefixes or suffixes in connection with any existing party name.

AB126, s. 153 Section 153. 8.20 (7) of the statutes is amended to read:

AB126,74,6 8.20 (7) Nomination papers shall be filed in the office of the board division for all state offices and the offices of U.S. senator and representative in congress, and in the office of county clerk or board of election commissioners for all county offices.

AB126, s. 154 Section 154. 8.40 (3) of the statutes is amended to read:

AB126,74,10 8.40 (3) The board division shall, by rule, prescribe standards consistent with this chapter and s. 9.10 (2) to be used by all election officials and governing bodies in determining the validity of petitions for elections and signatures thereon.

AB126, s. 155 Section 155. 8.50 (1) (a) of the statutes is amended to read:

AB126,75,9 8.50 (1) (a) When there is to be a special election, the special election for county office shall be ordered by the county board of supervisors except as provided in s. 17.21 (5); the special election for city office shall be ordered by the common council; the special election for village office shall be ordered by the board of trustees; the special election for town office shall be ordered by the town board of supervisors; the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the special election for municipal judge shall be ordered by the governing body of the municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4) jointly by the governing bodies of all municipalities served by the judge; and all other special elections shall be ordered by the governor. When the governor or attorney general issues the order, it shall be filed and recorded in the office of the board division. When the county board of supervisors issues the order, it shall be filed and recorded in the office of the county clerk. When the county executive issues the order, it shall be filed in the office of the county board of election commissioners. When the common council issues the order, it shall be filed in the office of the city clerk. When the board of trustees issues the order, it shall be filed in the office of the village clerk. When the town board of supervisors issues the order, it shall be filed in the office of the town clerk. When the school board of a school district organized under ch. 119 issues the order, it shall be filed and recorded in the office of the city board of election commissioners. If a municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or board of election commissioners of the county having the largest portion of the population of the jurisdiction served by the judge.

AB126, s. 156 Section 156. 8.50 (1) (b) of the statutes is amended to read:

AB126,75,20 8.50 (1) (b) Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election concerns a national or state office, the board division shall give notice as soon as possible to the county clerks. Upon receipt of notice from the board division , or when the special election is for a county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible to the municipal clerks of all municipalities in which electors are eligible to vote in the election and publish one type A notice for all offices to be voted upon within the county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or town office, the municipal clerk shall publish one type A notice as provided under s. 10.06 (3) (f).

AB126, s. 157 Section 157. 8.50 (1) (d) of the statutes is amended to read:

AB126,76,7 8.50 (1) (d) When the election concerns a national or state office, the board division shall transmit to each county clerk at least 22 days before the special primary a certified list of all persons for whom nomination papers have been filed in its office. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the election. Immediately upon receipt of the certified list, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB126, s. 158 Section 158. 8.50 (3) (e) of the statutes is amended to read:

AB126,76,12 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections board division no later than 7 days after the special primary and 13 days after the special election.

AB126, s. 159 Section 159. 9.01 (1) (a) 1. of the statutes is amended to read:

AB126,77,5 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 and 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. 6.221 (6) (b) 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. 6.221 (6) (b). If the chairperson of the board or chairperson's designee division 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 and not later than 5 p.m. on the 3rd business day following the day on which the elections board division receives the last statement from a county board of canvassers for the election or referendum.

AB126, s. 160 Section 160. 9.01 (1) (a) 4. of the statutes is amended to read:

AB126,77,13 9.01 (1) (a) 4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee, division after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

AB126, s. 161 Section 161. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB126,77,20 9.01 (1) (ag) 4. The board division shall deposit all moneys received by it into the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

AB126, s. 162 Section 162. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB126,77,24 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and in the case of the state with the elections board division.

AB126, s. 163 Section 163. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB126,78,16 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the board division receives a valid petition and any payment under par. (ag) 3., the board division shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board division may permit extension of the time for adjournment. Returns from a recount ordered by the board division shall be transmitted to the office of the board division as soon as possible, but in no case later than 13 days from the date of the order of the board division directing the recount. The chairperson of the board or the chairperson's designee division may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board or the chairperson's designee division need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB126, s. 164 Section 164. 9.01 (5) (a) of the statutes is amended to read:

AB126,79,6 9.01 (5) (a) The board of canvassers or the chairperson of the board or the chairperson's designee division shall keep complete minutes of all proceedings before the board of canvassers or the chairperson or designee division. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the chairperson or chairperson's designee division receives exhibits from any party, the board of canvassers or the chairperson or designee division shall number and preserve the exhibits. The board of canvassers or the chairperson or chairperson's designee division shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson or chairperson's designee any employee of the division may administer oaths, certify official acts and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board or chairperson's designee division, witness fees shall be paid by the board division.

AB126, s. 165 Section 165. 9.01 (5) (bm) of the statutes is amended to read:

AB126,79,19 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the board division one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the county committee of that political party.

AB126, s. 166 Section 166. 9.01 (5) (c) of the statutes is amended to read:

AB126,80,9 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the chairperson of the board or the chairperson's designee division, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the chairperson of the board or designee division. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the chairperson of the board or the chairperson's designee division receives such results, the chairperson or designee division shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the chairperson of the board or designee division may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB126, s. 167 Section 167. 9.01 (6) (a) of the statutes is amended to read:

AB126,81,2 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the chairperson of the board or the chairperson's designee division whenever a determination is made by the chairperson or designee division, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the chairperson of the board or the chairperson's designee division. The appellant shall also serve notice on the board division if the chairperson of the board or the chairperson's designee division is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB126, s. 168 Section 168. 9.01 (8) (a) of the statutes is amended to read:

AB126,81,6 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the chairperson of the board or chairperson's designee division, it shall affirm the determination.

AB126, s. 169 Section 169. 9.01 (8) (d) of the statutes is amended to read:

AB126,81,17 9.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the chairperson of the board or chairperson's designee division if it finds that the board of canvassers or the chairperson or chairperson's designee division has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the chairperson or chairperson's designee division, the court may not substitute its judgment for that of the board of canvassers or the chairperson or designee division as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

AB126, s. 170 Section 170. 9.01 (10) of the statutes is amended to read:

AB126,81,25 9.01 (10) Standard forms and methods. The elections board division shall prescribe standard forms and procedures for the making of recounts under this section. The procedures prescribed by the elections board division shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the elections board division staff prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.