5.83   Preparation for use of voting devices; comparison of ballots.

5.84   Testing of equipment; requirements for programs and ballots.

5.85   Receiving, counting, tallying and return of ballots.

5.86   Proceedings at central counting locations.

5.87   Tabulating votes.

5.89   Official return.

5.90   Recounts.

5.905   Software components.

5.91   Requisites for approval of ballots, devices and equipment.

5.92   Bond may be required.

5.93   Administration.

5.94   Sample ballots; publication.

5.95   Elector information.

Ch. 5 Note NOTE: 2005 Wis. Act 451, which made major revisions to the election laws, including to this chapter, contains an extensive prefatory note explaining the changes.

subch. I of ch. 5 SUBCHAPTER I

GENERAL PROVISIONS

5.01 5.01 Scope.

5.01(1) (1) Construction of chs. 5 to 12. Except as otherwise provided, chs. 5 to 12 shall be construed to give effect to the will of the electors, if that can be ascertained from the proceedings, notwithstanding informality or failure to fully comply with some of their provisions.

5.01(2) (2) General provisions of election laws apply. The general provisions of chs. 5 to 12 apply to all elections.

5.01(3) (3) Plurality shall elect.

5.01(3)(a) (a) Except as provided in par. (b), in every election to choose any officer, each elector has one vote for each office unless clearly indicated otherwise. The person receiving the greatest number of legal votes for the office shall be declared elected, and the canvassers shall so determine and certify.

5.01(3)(b) (b) In an election to fill a nonpartisan state office, if no names are certified to appear on the ballot, no person may be declared elected.

5.01(4) (4) Tie vote.

5.01(4)(a) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections commission or the chairperson’s designee.

5.01(4)(b) (b) If, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candidates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.

5.01(4)(c) (c) The candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.

5.01(4)(d) (d) If a question is submitted to the electors and an equal number of votes are cast for and against adoption, the question fails adoption.

5.01(5) (5) Election of governor and lieutenant governor.