AB981,239 Section 239. 8.50 (1) (b) of the statutes is amended to read:

AB981,105,18 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 commission secretary of state shall give notice as soon as possible to the county clerks. Upon receipt of notice from the commission secretary, 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).

AB981,240 Section 240. 8.50 (1) (d) of the statutes is amended to read:

AB981,106,10 8.50 (1) (d) When the election concerns a national office or a special election for state office is held concurrently with the general election, the commission secretary of state shall transmit to each county clerk a certified list of all persons for whom nomination papers have been filed in its his or her office at least 62 days before the special primary, and in other cases the commission secretary of state shall transmit the list to each county clerk at least 22 days before the special primary. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the special election unless the special election concerns a national office or is held concurrently with the general election, in which case the list shall be transmitted at least 62 days prior to the day of the special 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.

AB981,241 Section 241. 8.50 (3) (e) of the statutes is amended to read:

AB981,106,15 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 commission secretary of state no later than 7 days after the special primary and 13 days after the special election.

AB981,242 Section 242. 9.01 (1) (a) 1. of the statutes is amended to read:

AB981,107,15 9.01 (1) (a) 1. Any candidate voted for at any election who is an aggrieved party, as determined under subd. 5., 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 ballots under s. 6.97 (4) 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 following canvassing of all valid provisional 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 following canvassing of all valid provisional ballots. If the commission chairperson secretary of state or chairperson's secretary'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 ballots and not later than 5 p.m. on the 3rd business day following the day on which the commission secretary of state receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional ballots. With regard to an election for president, the petitioner shall file the petition not later than 5 p.m. on the first business day following the day on which the commission secretary of state receives the last statement from a county board of canvassers for the election following canvassing of all valid provisional ballots.

AB981,243 Section 243. 9.01 (1) (a) 4. of the statutes is amended to read:

AB981,107,23 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 commission chairperson secretary of state or chairperson's secretary's designee 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.

AB981,244 Section 244. 9.01 (1) (ag) 2. of the statutes is amended to read:

AB981,108,8 9.01 (1) (ag) 2. If subd. 1 does not apply to the difference 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 following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition requests a recount where no wards exist, plus the actual cost incurred by the commission secretary of state to provide services for performing the recount.

AB981,245 Section 245. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB981,108,17 9.01 (1) (ag) 4. The commission secretary of state shall deposit all moneys received by it the secretary 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 and shall retain the amount necessary to pay for the actual cost incurred by the commission secretary of state to provide services for performing the recount. 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.

AB981,246 Section 246. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB981,108,21 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 commission secretary of state.

AB981,247 Section 247. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB981,109,14 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 commission secretary of state receives a valid petition and any payment under par. (ag) 3., the commission secretary 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 3rd 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 commission secretary may permit extension of the time for adjournment. Returns from a recount ordered by the commission secretary of state shall be transmitted to the office of the commission secretary as soon as possible, but in no case later than 13 days from the date of the order of the commission secretary directing the recount. The commission chairperson secretary of state or the chairperson's secretary's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The commission chairperson secretary of state or the chairperson's secretary's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB981,248 Section 248. 9.01 (5) (a) of the statutes is amended to read:

AB981,110,5 9.01 (5) (a) The board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson secretary or designee. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee receives exhibits from any party, the board of canvassers or the chairperson secretary or designee shall number and preserve the exhibits. The board of canvassers or the chairperson secretary or chairperson's secretary's designee 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 secretary or chairperson's secretary's designee 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 commission chairperson secretary of state or chairperson's the secretary's designee, witness fees shall be paid by the commission secretary of state.

AB981,249 Section 249. 9.01 (5) (bm) of the statutes is amended to read:

AB981,110,18 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the commission secretary of state 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. 11.0302 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. 11.0302 by the county committee of that political party.

AB981,250 Section 250. 9.01 (5) (c) of the statutes is amended to read:

AB981,111,8 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 commission chairperson secretary of state or the chairperson's secretary's designee, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the commission chairperson secretary of state or designee. 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 commission chairperson secretary of state or the chairperson's secretary's designee receives such results, the chairperson secretary or designee 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 commission chairperson secretary or designee may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB981,251 Section 251. 9.01 (6) (a) of the statutes is amended to read:

AB981,111,25 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 commission chairperson secretary of state or the chairperson's secretary's designee whenever a determination is made by the chairperson secretary or designee, 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 commission chairperson secretary of state or the chairperson's secretary's designee. The appellant shall also serve notice on the commission secretary of state if the commission chairperson secretary or the chairperson's secretary's designee 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.

AB981,252 Section 252. 9.01 (7) (a) of the statutes is amended to read:

AB981,112,9 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county, municipal clerk, or board, and the commission secretary of state, to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county, municipal clerk, or board, the commission secretary of state, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

AB981,253 Section 253. 9.01 (8) (a) of the statutes is amended to read: