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LRB-1151/1
JK:cmh&kjf:rs
2015 - 2016 LEGISLATURE
March 27, 2015 - Introduced by Representatives Ballweg, Allen, Bernier,
Billings, Born, E. Brooks, Edming, Kleefisch, Kulp, T. Larson, Ohnstad,
Ripp, Swearingen and Tittl, cosponsored by Senators LeMahieu and Olsen.
Referred to Committee on Campaigns and Elections.
AB124,1,3 1An Act to repeal 9.01 (1) (ag) 1m.; and to amend 9.01 (1) (ad), 9.01 (1) (ag) 1.,
29.01 (1) (ag) 2., 9.01 (1) (ag) 3. and 9.01 (1) (ag) 3m. of the statutes; relating to:
3fees for election recounts.
Analysis by the Legislative Reference Bureau
Currently, any candidate who receives votes in an election and any elector who
votes in a referendum may petition for a recount of the votes cast. The petitioner does
not have to pay for the recount if 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 on the referendum question, is less than 10 if 1,000 or fewer
votes are cast or not more than 0.5 percent of the total votes cast for the office or on
the question if more than 1,000 votes are cast.
Currently, if 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 on the referendum question, is at least 10 if 1,000 or fewer votes are cast
or is more than 0.5 percent, but not more than 2 percent if more than 1,000 votes are
cast, the petitioner must pay a fee equal to $5 for each ward for which the petitioner
requests a recount.
Finally, if 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 on the referendum question, is more than 2 percent if more than 1,000
votes are cast, the petitioner pays the actual cost of performing the recount.
This bill provides that, if 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 on the referendum question, is less than 10 if 4,000 or fewer
votes are cast or not more than 0.25 percent of the total votes cast for the office or on
the question if more than 4,000 votes are cast, the petitioner does not pay for the
recount. Under any other circumstance, the petitioner pays the actual cost of
performing the recount. However, if the recount overturns the result of the election
or referendum, the petitioner receives a refund of the recount fees.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB124,1 1Section 1. 9.01 (1) (ad) of the statutes is amended to read:
AB124,2,52 9.01 (1) (ad) Upon receiving a petition for a recount, the clerk or body receiving
3the petition shall calculate any fee due under par. (ag) 1m. or reasonably estimate
4any fee due under par. (ag) 2. The clerk or body shall provide the petitioner promptly
5with the total due or estimate.
AB124,2 6Section 2. 9.01 (1) (ag) 1. of the statutes is amended to read:
AB124,2,137 9.01 (1) (ag) 1. If the difference between the votes cast for the leading candidate
8and those cast for the petitioner or the difference between the affirmative and
9negative votes cast upon any referendum question is less than 10 if 1,000 4,000 or
10less fewer votes are cast or not more than 0.5% 0.25 percent of the total votes cast
11for the office or on the question if more than 1,000 4,000 votes are cast following
12canvassing of all valid provisional and absentee ballots, the petitioner is not required
13to pay a fee.
AB124,3 14Section 3. 9.01 (1) (ag) 1m. of the statutes is repealed.
AB124,4 15Section 4. 9.01 (1) (ag) 2. of the statutes is amended to read:
AB124,3,416 9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast
17for the leading candidate and those cast for the petitioner or the difference between
18the affirmative and negative votes cast upon any referendum question is more than

12% if more than 1,000 votes are cast
following canvassing of all valid provisional and
2absentee ballots, the petitioner shall pay a fee equal to the actual cost of performing
3the recount in each ward for which the petition requests a recount, or in each
4municipality for which the petition request requests a recount where no wards exist.
AB124,5 5Section 5. 9.01 (1) (ag) 3. of the statutes is amended to read:
AB124,3,96 9.01 (1) (ag) 3. All fees calculated or estimated under par. (ad) shall be prepaid
7in cash or another form of payment which is acceptable to the officer to whom they
8are paid. No petition for which a fee is required is valid unless the proper calculated
9or estimated fee is paid at the time of filing.
AB124,6 10Section 6. 9.01 (1) (ag) 3m. of the statutes is amended to read:
AB124,3,2311 9.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due
12under subd. 2. within 30 days after the clerk or body receiving the petition provides
13the petitioner with a written statement of the amount due. If the petitioner has
14overpaid the fee due under subd. 2. the clerk or body receiving the petition shall
15refund the amount overpaid within 30 days after the board of canvassers makes its
16determination in the recount. If, as a result of the recount, the petitioner is the
17leading candidate, or the majority of votes cast on the referendum changes from
18affirmative to negative or from negative to affirmative, the clerk or body receiving
19the petition shall refund the amount paid within 30 days after the board of
20canvassers makes its determination in the recount. For purposes of this subdivision,
21a petitioner has not overpaid the fees due under subd. 2., and is therefore not entitled
22to a refund under this subdivision, if the recount results in a difference in the votes
23cast that is below the threshold for paying the fee under subd. 2.
AB124,7 24Section 7. Initial applicability.
AB124,4,2
1(1) Recounts. This act first applies to petitions filed on the effective date of this
2subsection.
AB124,4,33 (End)
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