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2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 124
May 18, 2015 - Offered by Representative Zamarripa.
AB124-ASA1,1,3 1An Act to amend 9.01 (1) (ag) 1., 9.01 (1) (ag) 1m., 9.01 (1) (ag) 2. and 9.01 (1)
2(ag) 3m.; and to create 9.01 (1) (ag) 1d. of the statutes; relating to: fees for
3election recounts.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB124-ASA1,1 4Section 1. 9.01 (1) (ag) 1. of the statutes is amended to read:
AB124-ASA1,1,105 9.01 (1) (ag) 1. If the difference between the votes cast for the leading candidate
6and those cast for the petitioner or the difference between the affirmative and
7negative votes cast upon any referendum question is equal to or less than 10 if 1,000
8or less votes are cast or not more than 0.5% 0.25 percent of the total votes cast for the
9office or on the question if more than 1,000 votes are cast following canvassing of all
10valid provisional and absentee ballots, the petitioner is not required to pay a fee.
AB124-ASA1,2 11Section 2. 9.01 (1) (ag) 1d. of the statutes is created to read:
AB124-ASA1,2,7
19.01 (1) (ag) 1d. If the difference between the votes cast for the leading
2candidate and those cast for the petitioner or the difference between the affirmative
3and negative votes cast upon any referendum question is more than 0.25 percent but
4not more than 0.5 percent if more than 1,000 votes are cast following canvassing of
5all valid provisional and absentee ballots, the petitioner shall pay a fee of $25 for each
6ward for which the petition requests a ballot recount, or $25 for each municipality
7for which the petition requests a recount where no wards exist.
AB124-ASA1,3 8Section 3. 9.01 (1) (ag) 1m. of the statutes is amended to read:
AB124-ASA1,2,169 9.01 (1) (ag) 1m. If the difference between the votes cast for the leading
10candidate and those cast for the petitioner or the difference between the affirmative
11and negative votes cast upon any referendum question is at least more than 10 if
121,000 or less votes are cast
, but not more than 25, or is more than 0.5% 0.5 percent
13but not more than 2% 1 percent if more than 1,000 votes are cast following canvassing
14of all valid provisional and absentee ballots, the petitioner shall pay a fee of $5 $50
15for each ward for which the petition requests a ballot recount, or $5 $50 for each
16municipality for which the petition requests a recount where no wards exist.
AB124-ASA1,4 17Section 4. 9.01 (1) (ag) 2. of the statutes is amended to read:
AB124-ASA1,2,2518 9.01 (1) (ag) 2. If the difference between the votes cast for the leading candidate
19and those cast for the petitioner or the difference between the affirmative and
20negative votes cast upon any referendum question is more than 25 if 1,000 or less
21votes are cast or
more than 2% 1 percent if more than 1,000 votes are cast following
22canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee
23equal to the actual cost of performing the recount in each ward for which the petition
24requests a recount, or in each municipality for which the petition request requests
25a recount where no wards exist.
AB124-ASA1,5
1Section 5. 9.01 (1) (ag) 3m. of the statutes is amended to read:
AB124-ASA1,3,152 9.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due
3under subd. 2. within 30 days after the clerk or body receiving the petition provides
4the petitioner with a written statement of the amount due. If the petitioner has
5overpaid the fee due under subd. 2. the clerk or body receiving the petition shall
6refund the amount overpaid within 30 days after the board of canvassers makes its
7determination in the recount. If, as a result of the recount, the petitioner is the
8leading candidate, or the majority of votes cast on the referendum changes from
9affirmative to negative or from negative to affirmative, the clerk or body receiving
10the petition shall refund the amount paid under subd. 1d., 1m., or 2. within 30 days
11after the board of canvassers makes its determination in the recount. For purposes
12of this subdivision, a petitioner has not overpaid the fees due under subd. 1d., 1m.,
13or 2., and is therefore not entitled to a refund under this subdivision, if the recount
14results in a difference in the votes cast that is below the threshold for paying the fee
15under subd. 1d., 1m., or 2.
AB124-ASA1,6 16Section 6. Initial applicability.
AB124-ASA1,3,1817 (1) Recounts. This act first applies to petitions filed on the effective date of this
18subsection.
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