Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB852 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 852
5	5	December 26, 2023 - Introduced by Senators FEYEN and QUINN, cosponsored by
6	6	Representatives MAXEY, MICHALSKI, O'CONNOR and SCHMIDT. Referred to
7	7	Committee on Shared Revenue, Elections and Consumer Protection.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 7.70 (3) (a), 7.70 (3) (c), 7.70 (5) (b), 7.75 (1), 9.01 (1) (ar) 3., 9.01
10	10	(6) (a), 9.01 (7) (b), 9.01 (9) (a) and 9.01 (9) (c) of the statutes; relating to:
11	11	compliance with the federal Electoral Count Reform Act.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill makes the following changes to Wisconsin election laws in order to
14	14	comply with deadlines established by the federal Electoral Count Reform Act for
15	15	selecting presidential electors and transmitting election results to Congress:
16	16	1. Under current law, following a presidential election, the governor must sign
17	17	a certificate of the election results and deliver six duplicate originals of that
18	18	certificate to one of the state's presidential electors on or before the first Monday after
19	19	the second Wednesday in December. The bill changes the deadline for delivering the
20	20	certificate to the first Tuesday after the second Wednesday in December.
21	21	2. Current law requires the electors for president and vice president to meet
22	22	at the state capitol at noon on the first Monday after the second Wednesday in
23	23	December. The bill requires the electors to meet on the first Tuesday after the second
24	24	Wednesday in December.
25	25	3. Current law requires the Elections Commission chairperson to complete the
26	26	state canvass of election results within 10 days from the day on which it commences.
27	27	The bill requires that commission chairperson to complete the state canvass no later
28	28	than one day after it commences.
29	29	4. Under current law, when the Elections Commission receives a valid petition
30	30	for a recount it must promptly order the proper county board of canvassers to
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36	36	commence the recount. The order must be sent by certified mail or by “other
37	37	expeditious means” and the county board of canvassers must commence the recount
38	38	no later than 9 a.m. on the third day after receiving the order. The bill requires that
39	39	the order be sent immediately, on the same day on which the commission receives the
40	40	petition, and by email or other electronic transmission. In addition, the board of
41	41	canvassers must commence the recount no later than 9 a.m. on the second day after
42	42	receiving the order and may not adjourn until the recount is complete in the county,
43	43	except to the extent permitted by the commission. Under current law, returns from
44	44	a recount ordered by the commission must be transmitted to the commission as soon
45	45	as possible, but not later than 13 days from the date of the order. The bill shortens
46	46	that 13-day period to 10 days.
47	47	5. Under current law, a candidate may file an appeal of the recount results with
48	48	the circuit court within five business days after the recount is completed. The bill
49	49	shortens that deadline to two days. The bill also requires the court to make a
50	50	determination on the appeal no later than two days after the day on which the appeal
51	51	is filed rather than “as expeditiously as possible,” as provided under current law.
52	52	6. Current law allows a candidate aggrieved by an order of the circuit court to
53	53	file an appeal with the court of appeals within 30 days after the circuit court's order.
54	54	The bill allows a candidate to file an appeal with the court of appeals no later than
55	55	two days after the circuit court's order. The bill also requires the court of appeals to
56	56	make its determination no later than two days after the appeal is filed.
57	57	The people of the state of Wisconsin, represented in senate and assembly, do
58	58	enact as follows:
59	59	SECTION 1. 7.70 (3) (a) of the statutes is amended to read:
60	60	7.70 (3) (a) The chairperson of the commission or a designee of the chairperson
61	61	appointed by the chairperson to canvass a specific election shall publicly canvass the
62	62	returns and make his or her certifications and determinations on or before the 2nd
63	63	Tuesday following a spring primary,; the 15th day of May following a spring election,;
64	64	the 3rd Wednesday following a partisan primary, the first day of December; no later
65	65	than 24 days following a general election,; the 2nd Thursday following a special
66	66	primary,; or within 18 days after any special election.
67	67	SECTION 2. 7.70 (3) (c) of the statutes is amended to read:
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79	79	SECTION 2
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81	81	7.70 (3) (c) The chairperson of the commission or the chairperson's designee
82	82	shall conclude the state canvass within 10 days no later than one day after its
83	83	commencement.
84	84	SECTION 3. 7.70 (5) (b) of the statutes is amended to read:
85	85	7.70 (5) (b) For presidential electors, the commission shall prepare a certificate
86	86	showing the determination of the results of the canvass and the names of the persons
87	87	elected, and the governor shall sign, affix the great seal of the state, and transmit the
88	88	certificate by registered mail the most secure and expeditious method available to
89	89	the U.S. administrator of general services archivist of the United States. Before
90	90	transmitting the certificate, the certificate shall be countersigned by the secretary
91	91	of state no later than 4 hours after the governor signs the certificate. The governor
92	92	shall also prepare 6 duplicate originals of such certificate and deliver them to one of
93	93	the presidential electors on or before the first Monday Tuesday after the 2nd
94	94	Wednesday in December. The governor shall transmit the certificate described
95	95	under this paragraph no later than 6 days after the commission prepares the
96	96	certificate, except that in the case of a recount under s. 9.01 the commission shall
97	97	prepare, and the governor shall transmit, the certificate no later than 36 days
98	98	following the general election.
99	99	SECTION 4. 7.75 (1) of the statutes is amended to read:
100	100	7.75 (1) The electors for president and vice president shall meet at the state
101	101	capitol following the presidential election at 12:00 noon the first Monday Tuesday
102	102	after the 2nd Wednesday in December. If there is a vacancy in the office of an elector
103	103	due to death, refusal to act, failure to attend or other cause, the electors present shall
104	104	immediately proceed to fill by ballot, by a plurality of votes, the electoral college
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130	130	SECTION 4 SENATE BILL 852
131	131	vacancy. When all electors are present, or the vacancies filled, they shall perform
132	132	their required duties under the constitution and laws of the United States.
133	133	SECTION 5. 9.01 (1) (ar) 3. of the statutes is amended to read:
134	134	9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
135	135	under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
136	136	Whenever the commission receives a valid petition and any payment under par. (ag)
137	137	3., the commission shall promptly by certified mail or other expeditious means
138	138	immediately, on the same day on which the commission receives the petition and any
139	139	payment under par. (ag) 3., order the proper county boards of canvassers to
140	140	commence the recount. The commission shall send the order by email or other
141	141	electronic transmission. County boards of canvassers shall convene no later than 9
142	142	a.m. on the 3rd 2nd day after receipt of an order and may not adjourn for not more
143	143	than one day at a time until the recount is completed in the county, except that the
144	144	to the extent permitted by the commission may permit extension of the time for
145	145	adjournment. Returns from a recount ordered by the commission shall be
146	146	transmitted to the office of the commission as soon as possible, but in no case later
147	147	than 13 10 days from the date of the order of the commission directing the recount.
148	148	The commission chairperson or the chairperson's designee may not make a
149	149	determination in any election if a recount is pending before any county board of
150	150	canvassers in that election. The commission chairperson or the chairperson's
151	151	designee need not recount actual ballots, but shall verify the returns of the county
152	152	boards of canvassers in making his or her determinations.
153	153	SECTION 6. 9.01 (6) (a) of the statutes is amended to read:
154	154	9.01 (6) (a) Within 5 business 2 days after completion of the recount
155	155	determination by the board of canvassers in all counties concerned, or within 5
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183	183	SECTION 6
184	184	SENATE BILL 852
185	185	business 2 days after completion of the recount determination by the commission
186	186	chairperson or the chairperson's designee whenever a determination is made by the
187	187	chairperson or designee, any candidate, or any elector when for a referendum,
188	188	aggrieved by the recount may appeal to circuit court. The appeal shall commence by
189	189	serving a written notice of appeal on the other candidates and persons who filed a
190	190	written notice of appearance before each board of canvassers whose decision is
191	191	appealed, or in the case of a statewide recount, before the commission chairperson
192	192	or the chairperson's designee. The appellant shall also serve notice on the
193	193	commission if the commission chairperson or the chairperson's designee is
194	194	responsible for determining the election. The appellant shall serve the notice by
195	195	certified mail or in person. The appellant shall file the notice with the clerk of circuit
196	196	court together with an undertaking and surety in the amount approved by the court,
197	197	conditioned upon the payment of all costs taxed against the appellant.
198	198	SECTION 7. 9.01 (7) (b) of the statutes is amended to read:
199	199	9.01 (7) (b) The appeal shall be heard by a judge without a jury. Promptly
200	200	following the filing of an appeal, the court shall hold a scheduling conference for the
201	201	purpose of adopting procedures that will permit the court to determine the matter
202	202	as expeditiously as possible no later than 2 days after the day on which the appeal
203	203	is filed. Within the time ordered by the court, the appellant shall file a complaint
204	204	enumerating with specificity every alleged irregularity, defect, mistake or fraud
205	205	committed during the recount. The appellant shall file a copy of the complaint with
206	206	each person who is entitled to receive a copy of the order under par. (a). Within the
207	207	time ordered by the court, the other parties to the appeal shall file an answer. Within
208	208	the time ordered by the court, the parties to the appeal shall provide the court with
209	209	any other information ordered by the court. At the time and place ordered by the
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236	236	SECTION 7 SENATE BILL 852
237	237	court, the matter shall be summarily heard and determined and costs shall be taxed
238	238	as in other civil actions. Those provisions of chs. 801 to 806 which are inconsistent
239	239	with a prompt and expeditious hearing do not apply to appeals under this section.
240	240	SECTION 8. 9.01 (9) (a) of the statutes is amended to read:
241	241	9.01 (9) (a) Within 30 days No later than one day after entry of the order of the
242	242	circuit court, a party aggrieved by the order may appeal to the court of appeals.
243	243	SECTION 9. 9.01 (9) (c) of the statutes is amended to read:
244	244	9.01 (9) (c) The court of appeals shall give precedence to the appeal over other
245	245	matters not accorded similar precedence by law make a determination of the issues
246	246	on appeal as soon as possible, but no later than 2 days after the day on which the
247	247	appeal is filed.
248	248	SECTION 10.0Initial applicability.
249	249	(1) ELECTORAL COUNT REFORM ACT. This act first applies to the 2024 general
250	250	election.
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