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2023 - 2024 LEGISLATURE
2023 SENATE BILL 852
December 26, 2023 - Introduced by Senators FEYEN and QUINN, cosponsored by
Representatives MAXEY, MICHALSKI, O'CONNOR and SCHMIDT. Referred to
Committee on Shared Revenue, Elections and Consumer Protection.
***AUTHORS SUBJECT TO CHANGE***
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
(6) (a), 9.01 (7) (b), 9.01 (9) (a) and 9.01 (9) (c) of the statutes; relating to:
compliance with the federal Electoral Count Reform Act.
Analysis by the Legislative Reference Bureau
This bill makes the following changes to Wisconsin election laws in order to
comply with deadlines established by the federal Electoral Count Reform Act for
selecting presidential electors and transmitting election results to Congress:
1. Under current law, following a presidential election, the governor must sign
a certificate of the election results and deliver six duplicate originals of that
certificate to one of the state's presidential electors on or before the first Monday after
the second Wednesday in December. The bill changes the deadline for delivering the
certificate to the first Tuesday after the second Wednesday in December.
2. Current law requires the electors for president and vice president to meet
at the state capitol at noon on the first Monday after the second Wednesday in
December. The bill requires the electors to meet on the first Tuesday after the second
Wednesday in December.
3. Current law requires the Elections Commission chairperson to complete the
state canvass of election results within 10 days from the day on which it commences.
The bill requires that commission chairperson to complete the state canvass no later
than one day after it commences.
4. Under current law, when the Elections Commission receives a valid petition
for a recount it must promptly order the proper county board of canvassers to
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SENATE BILL 852
commence the recount. The order must be sent by certified mail or by “other
expeditious means” and the county board of canvassers must commence the recount
no later than 9 a.m. on the third day after receiving the order. The bill requires that
the order be sent immediately, on the same day on which the commission receives the
petition, and by email or other electronic transmission. In addition, the board of
canvassers must commence the recount no later than 9 a.m. on the second day after
receiving the order and may not adjourn until the recount is complete in the county,
except to the extent permitted by the commission. Under current law, returns from
a recount ordered by the commission must be transmitted to the commission as soon
as possible, but not later than 13 days from the date of the order. The bill shortens
that 13-day period to 10 days.
5. Under current law, a candidate may file an appeal of the recount results with
the circuit court within five business days after the recount is completed. The bill
shortens that deadline to two days. The bill also requires the court to make a
determination on the appeal no later than two days after the day on which the appeal
is filed rather than “as expeditiously as possible,” as provided under current law.
6. Current law allows a candidate aggrieved by an order of the circuit court to
file an appeal with the court of appeals within 30 days after the circuit court's order.
The bill allows a candidate to file an appeal with the court of appeals no later than
two days after the circuit court's order. The bill also requires the court of appeals to
make its determination no later than two days after the appeal is filed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 7.70 (3) (a) of the statutes is amended to read:
7.70 (3) (a) The chairperson of the commission or a designee of the chairperson
appointed by the chairperson to canvass a specific election shall publicly canvass the
returns and make his or her 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 partisan primary, the first day of December; no later
than 24 days following a general election,; the 2nd Thursday following a special
primary,; or within 18 days after any special election.
SECTION 2. 7.70 (3) (c) of the statutes is amended to read:
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7.70 (3) (c) The chairperson of the commission or the chairperson's designee
shall conclude the state canvass within 10 days no later than one day after its
commencement.
SECTION 3. 7.70 (5) (b) of the statutes is amended to read:
7.70 (5) (b) For presidential electors, the commission 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 the most secure and expeditious method available to
the U.S. administrator of general services archivist of the United States. Before
transmitting the certificate, the certificate shall be countersigned by the secretary
of state no later than 4 hours after the governor signs the certificate. 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 Tuesday after the 2nd
Wednesday in December. The governor shall transmit the certificate described
under this paragraph no later than 6 days after the commission prepares the
certificate, except that in the case of a recount under s. 9.01 the commission shall
prepare, and the governor shall transmit, the certificate no later than 36 days
following the general election.
SECTION 4. 7.75 (1) of the statutes is amended to read:
7.75 (1) The electors for president and vice president shall meet at the state
capitol following the presidential election at 12:00 noon the first Monday Tuesday
after the 2nd Wednesday in December. If there is a vacancy in the office of an elector
due to death, refusal to act, failure to attend or other cause, the electors present shall
immediately proceed to fill by ballot, by a plurality of votes, the electoral college
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SECTION 4 SENATE BILL 852
vacancy. When all electors are present, or the vacancies filled, they shall perform
their required duties under the constitution and laws of the United States.
SECTION 5. 9.01 (1) (ar) 3. of the statutes is amended to read:
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 receives a valid petition and any payment under par. (ag)
3., the commission shall promptly by certified mail or other expeditious means
immediately, on the same day on which the commission receives the petition and any
payment under par. (ag) 3., order the proper county boards of canvassers to
commence the recount. The commission shall send the order by email or other
electronic transmission. County boards of canvassers shall convene no later than 9
a.m. on the 3rd 2nd day after receipt of an order and may not adjourn for not more
than one day at a time until the recount is completed in the county, except that the
to the extent permitted by the commission may permit extension of the time for
adjournment. Returns from a recount ordered by the commission shall be
transmitted to the office of the commission as soon as possible, but in no case later
than 13 10 days from the date of the order of the commission directing the recount.
The commission chairperson or the chairperson'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 or the chairperson's
designee need not recount actual ballots, but shall verify the returns of the county
boards of canvassers in making his or her determinations.
SECTION 6. 9.01 (6) (a) of the statutes is amended to read:
9.01 (6) (a) Within 5 business 2 days after completion of the recount
determination by the board of canvassers in all counties concerned, or within 5
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SECTION 6
SENATE BILL 852
business 2 days after completion of the recount determination by the commission
chairperson or the chairperson's designee whenever a determination is made by the
chairperson 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
or the chairperson's designee. The appellant shall also serve notice on the
commission if the commission chairperson or the chairperson'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.
SECTION 7. 9.01 (7) (b) of the statutes is amended to read:
9.01 (7) (b) The appeal shall be heard by a judge without a jury. Promptly
following the filing of an appeal, the court shall hold a scheduling conference for the
purpose of adopting procedures that will permit the court to determine the matter
as expeditiously as possible no later than 2 days after the day on which the appeal
is filed. Within the time ordered by the court, the appellant shall file a complaint
enumerating with specificity every alleged irregularity, defect, mistake or fraud
committed during the recount. The appellant shall file a copy of the complaint with
each person who is entitled to receive a copy of the order under par. (a). Within the
time ordered by the court, the other parties to the appeal shall file an answer. Within
the time ordered by the court, the parties to the appeal shall provide the court with
any other information ordered by the court. At the time and place ordered by the
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SECTION 7 SENATE BILL 852
court, the matter shall be summarily heard and determined and costs shall be taxed
as in other civil actions. Those provisions of chs. 801 to 806 which are inconsistent
with a prompt and expeditious hearing do not apply to appeals under this section.
SECTION 8. 9.01 (9) (a) of the statutes is amended to read:
9.01 (9) (a) Within 30 days No later than one day after entry of the order of the
circuit court, a party aggrieved by the order may appeal to the court of appeals.
SECTION 9. 9.01 (9) (c) of the statutes is amended to read:
9.01 (9) (c) The court of appeals shall give precedence to the appeal over other
matters not accorded similar precedence by law make a determination of the issues
on appeal as soon as possible, but no later than 2 days after the day on which the
appeal is filed.
SECTION 10.0Initial applicability.
(1) ELECTORAL COUNT REFORM ACT. This act first applies to the 2024 general
election.
(END)
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