This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
MPG:skw
2021 - 2022 LEGISLATURE
February 15, 2022 - Introduced by Representative Ramthun. Referred to
Committee on Campaigns and Elections.
AB983,1,2 1An Act to renumber and amend 7.54; and to create 5.45 and 7.54 (2) of the
2statutes; relating to: audits of contested elections and election nullification.
Analysis by the Legislative Reference Bureau
Under current law, in all contested election cases, a contesting party has the
right to have the ballots opened and to have all errors of the election inspectors,
either in counting or refusing to count any ballot, corrected by the board of
canvassers or court deciding the contest. The ballots and related materials may be
opened only in open session and in the presence of the official having custody of them.
Under this bill, in a contested election in which the difference between the votes
cast for the winning candidate and the votes cast for the runner-up candidate is
equal to or greater than the total number of absentee ballots cast in the contest, as
determined by the administrator of the Elections Commission, each contesting party
has the additional right to a full forensic physical and cyber audit of the election that
is conducted by an independent and nonpartisan auditing firm approved by the
standing committees of the legislature with jurisdiction over election matters and
that includes all of the following:
1. A complete examination of electronic voting machines and systems,
including to the extent applicable, browsers; tabulators; scanners; routers and
firewalls; switches; network and out-of-band management cards; internet or
network connectivity; network and remote access; remote access applications;
evidence showing that software was installed or removed on the machine or system;
flash drives; thumb drives; event logs; scripts that have been run; the date on which
data were last modified and what data were modified, whether during or after the

election; systems and security updates; password policies; multifactor
authentication; databases; adjudication records; administrator accounts; and log-in
records.
2. A complete examination, including by using kinematic artifact detection, of
all physical ballots, including whether ballots meet industry standards with respect
to out-of-calibration measurements, and including, to the extent applicable,
examination of ballot thickness to prevent bleed-through, the types of markers used
for purposes of marking ballots, ballot chain of custody, the number of ballots cast
in the election in comparison with the number of voters, whether absentee ballot
standards were met, and ballot watermarks and dot coding.
3. A physical canvass, and an examination of whether county clerks and
election officials, including volunteers, followed election rules and regulations
mandated by their county.
4. Measures to ensure transparency, including broadcasting audit proceedings
by live stream on the Internet.
Additionally, under the bill, if, after an audit conducted as specified above with
respect to any contested election, the Elections Commission, attorney general, or
district attorney having jurisdiction over the matter determines that a violation of
the laws relating to election threats, bribery, or fraud occurred, the contested election
is null and void, and if any candidate for elected office in the election has since
assumed office, the office is vacated. In such a case, the bill requires the governor
to order a new election, which must take place no later than 30 days after the date
of that determination.
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:
AB983,1 1Section 1 . 5.45 of the statutes is created to read:
AB983,2,7 25.45 Election nullification. (1) If, after an audit conducted under s. 7.54 (2)
3(a) with respect to any contested election, the commission, attorney general, or
4district attorney having jurisdiction over the matter determines that a violation of
5the laws under s. 12.09, 12.11, or 12.13 occurred with respect to that contest, the
6contested election shall be null and void, and if any candidate for elected office in the
7contested election has since assumed that office, the office is vacated.
AB983,3,3
1(2) If a determination is made under sub. (1), the governor shall order a new
2election, which shall take place no later than 30 days after the date of that
3determination.
AB983,2 4Section 2. 7.54 of the statutes is renumbered 7.54 (1) and amended to read:
AB983,3,115 7.54 (1) Contested elections. In all contested election cases, the each
6contesting parties have party has the right to have the ballots opened, and examined
7as provided under sub. (2) (a) when applicable under sub. (2) (b),
and to have all
8errors of the inspectors, either in counting or refusing to count any ballot, corrected
9by the board of canvassers or court deciding the contest. The ballots and related
10materials may be opened only in open session of the board of canvassers or in open
11court and in the presence of the official having custody of them.
AB983,3 12Section 3. 7.54 (2) of the statutes is created to read:
AB983,3,1713 7.54 (2) (a) In all contested election cases for elections satisfying par. (b), each
14contesting party has the right to a full forensic physical and cyber audit of the
15election that is conducted by an independent and nonpartisan auditing firm
16approved by the standing committees of the legislature with jurisdiction over
17election matters and that includes all of the following:
AB983,4,218 1. A complete examination of electronic voting machines and systems,
19including to the extent applicable, browsers; tabulators; scanners; routers and
20firewalls; switches; network and out-of-band management cards; internet or
21network connectivity; network and remote access; remote access applications;
22evidence showing that software was installed or removed on the machine or system;
23flash drives; thumb drives; event logs; scripts that have been run; the date on which
24data were last modified and what data were modified, whether during or after the
25election; systems and security updates; password policies; multifactor

1authentication; databases; adjudication records; administrator accounts; and log-in
2records.
AB983,4,93 2. A complete examination, including by using kinematic artifact detection, of
4all physical ballots, including whether ballots meet industry standards with respect
5to out-of-calibration measurements, and including, to the extent applicable,
6examination of ballot thickness to prevent bleed-through, the types of markers used
7for purposes of marking ballots, ballot chain of custody, the number of ballots cast
8in the election in comparison with the number of voters, whether absentee ballot
9standards were met, and ballot watermarks and dot coding.
AB983,4,1210 3. A physical canvass, and an examination of whether county clerks and
11election officials, including volunteers, followed election rules and regulations
12mandated by the county.
AB983,4,1413 4. Measures to ensure transparency, including broadcasting audit proceedings
14by live stream on the Internet.
AB983,4,1815 (b) Paragraph (a) applies only if the difference between the votes cast for the
16candidate with the most votes in a contest and the votes cast for the runner-up
17candidate in the contest is equal to or greater than the total number of absentee
18ballots cast in the contest, as determined by the commission administrator.
AB983,4,1919 (End)
Loading...
Loading...