AB374: Bill Text

AB374,13,5 7.70 (5) (b) 2. The fact that a recount petition has been filed, or that a recount or recount appeal is pending, has no effect on the governor’s duty to issue a certificate of ascertainment of appointment of electors not later than the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), as required under subd. 1. and 3 USC 5 (a) (1), and has no effect on the commission chairperson’s or the chairperson’s designee’s duty to make a determination in the presidential election and prepare a certificate of ascertainment of appointment of electors for the governor’s signature. However, if a valid recount petition is filed under s. 9.01 (1), the governor may not issue the certificate required under subd. 1. until the completion and certification of the recount or until 3 p.m. on the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), whichever occurs first. If the recount is completed and certified before 3 p.m. on the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), and all recount appeals have been waived or exhausted, the certificate issued by the governor shall reflect the certified result of that recount or, if applicable, recount appeal. If a recount is not completed and certified before 3 p.m. on the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), the governor shall issue the certificate subject to s. 9.01 (9m). If a recount appeal is ongoing at the time at which the governor must issue the certificate under this subdivision, a superseding certificate may be issued only in accordance with s. 9.01 (9) (cm).

AB374,16 Section 16. 7.70 (5) (b) 3. of the statutes is created to read:

AB374,13,14 7.70 (5) (b) 3. A superseding certificate of ascertainment of appointment of electors issued by the governor under s. 9.01 (9) (cm) or (9m) or pursuant to a state or federal court order supersedes any prior certificate of ascertainment of appointment of electors issued under subd. 1., shall be transmitted consistent with the requirements under subd. 1. for the certificate of ascertainment of appointment of electors, and is conclusive with respect to the determination of this state’s presidential electors for purposes of the meeting of presidential electors under s. 7.75.

AB374,17 Section 17. 7.75 (1) of the statutes is amended to read:

AB374,13,23 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 to cast and transmit their electoral votes pursuant to 3 USC 7 to 11. 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 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.

AB374,18 Section 18. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB374,14,17 9.01 (1) (ar) 3. Whenever Except in the event of a recount for a presidential election as provided in subd. 4., 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 order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the 3rd day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that 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 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.

AB374,19 Section 19. 9.01 (1) (ar) 4. of the statutes is created to read:

AB374,15,17 9.01 (1) (ar) 4. Whenever the commission receives a valid petition and any payment under par. (ag) 3. in a presidential election, the commission shall immediately, on the same day on which the commission receives the petition and payment, order the proper county boards of canvassers to commence the recount. The commission shall send the order by secure electronic means. County boards of canvassers shall convene no later than 9 a.m. on the 2nd day after the receipt of an order and may not adjourn until the recount is completed in the county, except to the extent permitted by the commission. Returns from a recount ordered by the commission under this subdivision shall be transmitted to the office of the commission as soon as possible but in no case later than 5 days after the date of the order directing the recount. The commission chairperson or the chairperson’s designee may not make a determination in the presidential election if a recount of the presidential election is pending before any county board of canvassers for that election, except that, as provided in s. 7.70 (5) (b) 2., nothing in this subdivision shall prevent the commission chairperson or the chairperson’s designee from making a determination in the presidential election or preparing a certificate of ascertainment of appointment of electors, nor prevent the governor from issuing a certificate of ascertainment of appointment of electors, by the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), as required under s. 7.70 (5) (b) 1. and 3 USC 5 (a) (1). 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 determination.

AB374,20 Section 20. 9.01 (4) of the statutes is renumbered 9.01 (4) (a).

AB374,21 Section 21. 9.01 (4) (b) of the statutes is created to read:

AB374,16,5 9.01 (4) (b) Notwithstanding par. (a), whenever a recount petition for a presidential election for part of the wards or municipalities in the state is filed under this section, any opposing candidate in the presidential election whose name appeared on the ballot may similarly file a petition for recount in any or all of the remaining wards or municipalities in the state. The petition shall be filed not later than 5 p.m. on the day after the original petition is filed under sub. (1). The proper board of canvassers shall reconvene at 9 a.m. on the next business day following the filing of the petition and proceed to recount the ballots in all wards or municipalities specified and to otherwise review the allegations of fact contained in the petition. Any errors shall be corrected.

AB374,22 Section 22. 9.01 (6) (a) of the statutes is amended to read:

AB374,16,22 9.01 (6) (a) Within Except as provided in par. (am), within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business 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 assessed against the appellant.

AB374,23 Section 23. 9.01 (6) (am) of the statutes is created to read:

AB374,17,13 9.01 (6) (am) For a presidential election, within one business day after the 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 aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates 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 assessed against the appellant.

AB374,24 Section 24. 9.01 (6) (b) of the statutes is amended to read:

AB374,18,2 9.01 (6) (b) If an appeal is filed from a recount determination in an election which is held in more than one judicial circuit, the chief judge of the judicial administrative district in which the election is held shall consolidate all appeals relating to that election and appoint a circuit judge, who shall be a reserve judge if available, to hear the appeal. If the election is held in more than one judicial administrative district, the chief justice of the supreme court shall make the appointment. In any year in which there is a presidential election, the chief justice of the supreme court shall, on the first Monday in November, appoint a circuit judge, who shall be a reserve judge if available, to hear any appeals under this section related to the presidential election, except as provided under sub. (9) (am).

AB374,25 Section 25. 9.01 (7) (a) of the statutes is renumbered 9.01 (7) (a) 1.

AB374,26 Section 26. 9.01 (7) (a) 2. of the statutes is created to read:

AB374,18,13 9.01 (7) (a) 2. Notwithstanding subd. 1., in a presidential election, the court with whom an appeal is filed shall forthwith issue an order directing each affected county, municipal clerk, or board, and the commission, to immediately secure and maintain in a safe and secure location all ballots, papers, and records affecting the appeal for the duration of any recount and recount appeal under this section in the presidential election. The order shall be served upon each affected county, municipal clerk, or board, the commission, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

AB374,27 Section 27. 9.01 (7) (b) of the statutes is amended to read:

AB374,19,6 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. For an appeal regarding a presidential election, the court shall determine the matter no later than 7 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 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.

AB374,28 Section 28. 9.01 (9) (a) of the statutes is amended to read:

AB374,19,10 9.01 (9) (a) Within Except as provided in par. (am), within 30 days after entry of the order of the circuit court, a party aggrieved by the order may appeal to the court of appeals.

AB374,29 Section 29. 9.01 (9) (am) of the statutes is created to read:

AB374,19,16 9.01 (9) (am) With regard to a presidential election, no later than one day after entry of the order of the circuit court, a party aggrieved by the order may appeal directly to the supreme court. The exclusive judicial remedy for review of any decision or order of the circuit court with regard to a recount in a presidential election shall be by appeal to the supreme court.

AB374,30 Section 30. 9.01 (9) (cm) of the statutes is created to read:

AB374,20,8 9.01 (9) (cm) With regard to an appeal under par. (am), the supreme court shall make a determination of the issues on appeal as soon as possible. If the supreme court issues an order no later than the day before the date on which the presidential electors are to convene under s. 7.75 (1) that requires the governor to issue a superseding certificate of ascertainment of appointment of electors under s. 7.70 (5) (b) consistent with the certified results of the recount, the governor shall issue that superseding certificate by 9 a.m. on the date on which the presidential electors are to convene under s. 7.75 (1). If the supreme court does not issue an order by the day before the date on which the presidential electors are to convene under s. 7.75 (1) requiring the governor to issue a superseding certificate of ascertainment of appointment of electors, the governor’s certificate originally issued pursuant to s. 7.70 (5) (b) is conclusive with respect to the determination of this state’s presidential electors for purposes of the meeting of presidential electors under s. 7.75.

AB374,31 Section 31. 9.01 (9m) of the statutes is created to read:

AB374,20,15 9.01 (9m) Recount delays in presidential elections. (a) If a recount in a presidential election is not completed and certified before 3 p.m. on the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), the certificate of ascertainment of appointment of electors issued by the governor under s. 7.70 (5) (b) shall reflect the certified statement of the election results recorded under s. 7.70 (5) (b).

AB374,21,10 (b) If a recount in a presidential election is not completed before 3 p.m. on the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1), but is completed by the 2nd day before the date on which the presidential electors are to convene under s. 7.75 (1), and the recount determination of the commission chairperson or the chairperson’s designee alters the winners of the presidential election as reflected on the certificate of ascertainment of appointment of electors issued by the governor under s. 7.70 (5) (b), any candidate for president or vice president of the United States aggrieved by the recount may appeal directly to the supreme court by filing a petition for original action under s. 809.70. The appeal shall be filed no later than 24 hours after the commission chairperson or the chairperson’s designee enters his or her determination and shall enumerate with specificity every alleged irregularity, defect, mistake, or fraud committed during the recount. The appeal shall commence by serving a written notice of appeal on the other candidates who filed a written notice of appearance before the commission chairperson or the chairperson’s designee. The appellant shall also serve notice on the commission. The appellant shall serve the notice by certified mail or in person. The appellant shall file with the clerk of the supreme court the notice, together with an undertaking and surety in the amount approved by the supreme court, conditioned upon the payment of all costs assessed against the appellant.

AB374,21,16 (c) An aggrieved candidate filing an appeal under par. (b) shall request an expedited hearing and that the supreme court issue any order granting relief no later than the day before the date on which the presidential electors are to convene under s. 7.75 (1). The supreme court may refer issues of fact to the circuit judge appointed under sub. (6) (b) to hear recount appeals in the presidential election, subject to sub. (8) (c).

AB374,21,22 (d) If the supreme court issues an order in an appeal filed under par. (b) no later than 4 p.m. on the day before the date on which the presidential electors are to convene under s. 7.75 (1) that requires the governor to issue a superseding certificate of ascertainment of appointment of electors, the governor shall issue the superseding certificate of ascertainment no later than the day before the date on which the presidential electors are to convene under s. 7.75 (1).

AB374,22,8 (e) If a recount in a presidential election is completed by the 2nd day before the date on which the presidential electors are to convene under s. 7.75 (1), and the determination of that recount, as made by the commission chairperson or chairperson’s designee, alters the winners of the presidential election as reflected on the certificate of ascertainment of appointment of electors issued by the governor under s. 7.70 (5) (b), and the supreme court does not issue an order under par. (d) that requires the governor to issue a superseding certificate of ascertainment, the governor shall issue a superseding certificate of ascertainment of appointment of electors that reflects the determination of the recount by 9 a.m. on the date on which the presidential electors are to convene under s. 7.75 (1).

AB374,22,11 (f) This subsection constitutes the exclusive judicial remedy for review of any recount that is not completed and certified before 3 p.m. on the 6th day before the date on which the presidential electors are to convene under s. 7.75 (1).

AB374,32 Section 32. Initial applicability.

AB374,22,14 (1) Electoral Count Reform Act. This act first applies to the 2028 general election.

AB374,22,15 (end)