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SB852-SSA1,6 21Section 6. 7.70 (1) (b) of the statutes is amended to read:
SB852-SSA1,8,322 7.70 (1) (b) If any county clerk fails or neglects to forward any statements, the
23commission may require the clerk to do so immediately and if not received by the 8th
24day after a primary, by the 7th day after a presidential election, or by the 11th day
25after any other election, the commission may dispatch a special messenger to obtain

1them. Whenever it appears upon the face of any statement that an error has been
2made in reporting or computing, the commission may return it to the county clerk
3for correction.
SB852-SSA1,7 4Section 7. 7.70 (3) (a) of the statutes is amended to read:
SB852-SSA1,8,125 7.70 (3) (a) The Except for a presidential election, the chairperson of the
6commission or a designee of the chairperson appointed by the chairperson to canvass
7a specific election shall publicly canvass the returns and make his or her
8certifications and determinations on or before the 2nd Tuesday following a spring
9primary,; the 15th day of May following a spring election,; the 3rd Wednesday
10following a partisan primary,; the first day of December following a general election, ;
11the 2nd Thursday following a special primary,; or within 18 days after any special
12election.
SB852-SSA1,8 13Section 8. 7.70 (3) (c) of the statutes is amended to read:
SB852-SSA1,8,1614 7.70 (3) (c) The Except for a presidential election, the chairperson of the
15commission or the chairperson's designee shall conclude the state canvass within 10
16days after its commencement.
SB852-SSA1,9 17Section 9. 7.70 (3) (cm) of the statutes is created to read:
SB852-SSA1,8,2118 7.70 (3) (cm) For a presidential election, the chairperson of the commission or
19the chairperson's designee shall conclude the state canvass and make his or her
20certifications and determinations no later than 16 days after the date of the
21presidential election.
SB852-SSA1,10 22Section 10. 7.70 (5) (b) of the statutes is amended to read:
SB852-SSA1,9,1023 7.70 (5) (b) For presidential electors, the commission shall prepare a certificate
24of ascertainment showing the determination of the results of the canvass and the
25names of the persons elected, and the governor shall sign, affix the great seal of the

1state, and transmit the certificate as soon as possible by registered mail the most
2secure and expeditious method available
to the U.S. administrator of general
3services
archivist of the United States. The certificate shall contain at least one
4security feature, as determined by the governor, for the purpose of verifying the
5authenticity of the certificate. The secure components of any security feature used
6to verify the authenticity of a certificate are confidential and not subject to disclosure
7under s. 19.35. The governor shall transmit the certificate no later than 36 days
8following the general election
. The governor shall also prepare 6 duplicate originals
9of such certificate and deliver them to one of the presidential electors on or before the
10first Monday Tuesday after the 2nd Wednesday in December.
SB852-SSA1,11 11Section 11. 7.75 (1) of the statutes is amended to read:
SB852-SSA1,9,1912 7.75 (1) The electors for president and vice president shall meet at the state
13capitol following the presidential election at 12:00 noon the first Monday Tuesday
14after the 2nd Wednesday in December or at the time directed by federal law. If there
15is a vacancy in the office of an elector due to death, refusal to act, failure to attend
16or other cause, the electors present shall immediately proceed to fill by ballot, by a
17plurality of votes, the electoral college vacancy. When all electors are present, or the
18vacancies filled, they shall perform their required duties under the constitution and
19laws of the United States.
SB852-SSA1,12 20Section 12. 9.01 (1) (ar) 3. of the statutes is amended to read:
SB852-SSA1,9,2521 9.01 (1) (ar) 3. Whenever Except as provided in subd. 4., whenever a clerk
22receives a valid petition and any payment under par. (ag) 3., the clerk shall
23thereupon notify the proper board of canvassers. Whenever the commission receives
24a valid petition and any payment under par. (ag) 3., the commission shall promptly
25by certified mail or other expeditious means order the proper county boards of

1canvassers to commence the recount. County boards of canvassers shall convene no
2later than 9 a.m. on the 3rd day after receipt of an order and may adjourn for not more
3than one day at a time until the recount is completed in the county, except that the
4commission may permit extension of the time for adjournment. Returns from a
5recount ordered by the commission shall be transmitted to the office of the
6commission as soon as possible, but in no case later than 13 days from the date of the
7order of the commission directing the recount. The commission chairperson or the
8chairperson's designee may not make a determination in any election if a recount is
9pending before any county board of canvassers in that election. The commission
10chairperson or the chairperson's designee need not recount actual ballots, but shall
11verify the returns of the county boards of canvassers in making his or her
12determinations.
SB852-SSA1,13 13Section 13. 9.01 (1) (ar) 4. of the statutes is created to read:
SB852-SSA1,11,414 9.01 (1) (ar) 4. In the event of a recount for a presidential election, whenever
15the commission receives a valid petition and any payment under par. (ag) 3., the
16commission shall immediately, on the same day on which the commission receives
17the petition and payment, order the proper county boards of canvassers to commence
18the recount. The commission shall send the order by email or other electronic
19transmission. County boards of canvassers shall convene no later than 9 a.m. on the
202nd day after the receipt of an order and may not adjourn until the recount is
21completed in the county, except to the extent permitted by the commission. Returns
22from a recount ordered by the commission under this subdivision shall be
23transmitted to the office of the commission as soon as possible but in no case later
24than 5 days from the date of the order directing the recount. The commission
25chairperson or the chairperson's designee may not make a determination in the

1presidential election if a recount of the presidential election is pending before any
2county board of canvassers for that election. The commission chairperson or the
3chairperson's designee need not recount actual ballots but shall verify the returns
4of the county boards of canvassers in making his or her determination.
SB852-SSA1,14 5Section 14. 9.01 (6) (a) of the statutes is amended to read:
SB852-SSA1,11,216 9.01 (6) (a) Within Except as provided in par. (am), within 5 business days after
7completion of the recount determination by the board of canvassers in all counties
8concerned, or within 5 business days after completion of the recount determination
9by the commission chairperson or the chairperson's designee whenever a
10determination is made by the chairperson or designee, any candidate, or any elector
11when for a referendum, aggrieved by the recount may appeal to circuit court. The
12appeal shall commence by serving a written notice of appeal on the other candidates
13and persons who filed a written notice of appearance before each board of canvassers
14whose decision is appealed, or in the case of a statewide recount, before the
15commission chairperson or the chairperson's designee. The appellant shall also
16serve notice on the commission if the commission chairperson or the chairperson's
17designee is responsible for determining the election. The appellant shall serve the
18notice by certified mail or in person. The appellant shall file the notice with the clerk
19of circuit court together with an undertaking and surety in the amount approved by
20the court, conditioned upon the payment of all costs taxed assessed against the
21appellant.
SB852-SSA1,15 22Section 15. 9.01 (6) (am) of the statutes is created to read:
SB852-SSA1,12,1023 9.01 (6) (am) With regard to a presidential election, within one business day
24after the completion of the recount determination by the commission chairperson or
25the chairperson's designee whenever a determination is made by the chairperson or

1designee, any candidate aggrieved by the recount may appeal to circuit court. The
2appeal shall commence by serving a written notice of appeal on the other candidates
3who filed a written notice of appearance before each board of canvassers whose
4decision is appealed or, in the case of a statewide recount, before the commission
5chairperson or the chairperson's designee. The appellant shall also serve notice on
6the commission if the commission chairperson or the chairperson's designee is
7responsible for determining the election. The appellant shall serve the notice by
8certified mail or in person. The appellant shall file the notice with the clerk of circuit
9court together with an undertaking and surety in the amount approved by the court,
10conditioned upon the payment of all costs assessed against the appellant.
SB852-SSA1,16 11Section 16. 9.01 (6) (b) of the statutes is amended to read:
SB852-SSA1,12,2112 9.01 (6) (b) If an appeal is filed from a recount determination in an election
13which is held in more than one judicial circuit, the chief judge of the judicial
14administrative district in which the election is held shall consolidate all appeals
15relating to that election and appoint a circuit judge, who shall be a reserve judge if
16available, to hear the appeal. If the election is held in more than one judicial
17administrative district, the chief justice of the supreme court shall make the
18appointment. In any year in which there is a presidential election, the chief justice
19of the supreme court shall, on the first Monday in November, appoint a circuit judge,
20who shall be a reserve judge if available, to hear any appeals under this section,
21except as provided under sub. (9) (am).
SB852-SSA1,17 22Section 17. 9.01 (7) (b) of the statutes is amended to read:
SB852-SSA1,13,1323 9.01 (7) (b) The appeal shall be heard by a judge without a jury. Promptly
24following the filing of an appeal, the court shall hold a scheduling conference for the
25purpose of adopting procedures that will permit the court to determine the matter

1as expeditiously as possible. For an appeal regarding a presidential election, the
2court shall determine the matter no later than 10 days after the day on which the
3appeal is filed.
Within the time ordered by the court, the appellant shall file a
4complaint enumerating with specificity every alleged irregularity, defect, mistake or
5fraud committed during the recount. The appellant shall file a copy of the complaint
6with each person who is entitled to receive a copy of the order under par. (a). Within
7the time ordered by the court, the other parties to the appeal shall file an answer.
8Within the time ordered by the court, the parties to the appeal shall provide the court
9with any other information ordered by the court. At the time and place ordered by
10the court, the matter shall be summarily heard and determined and costs shall be
11taxed as in other civil actions. Those provisions of chs. 801 to 806 which are
12inconsistent with a prompt and expeditious hearing do not apply to appeals under
13this section.
SB852-SSA1,18 14Section 18. 9.01 (9) (a) of the statutes is amended to read:
SB852-SSA1,13,1715 9.01 (9) (a) Within Except as provided in par. (am), within 30 days after entry
16of the order of the circuit court, a party aggrieved by the order may appeal to the court
17of appeals.
SB852-SSA1,19 18Section 19. 9.01 (9) (am) of the statutes is created to read:
SB852-SSA1,13,2319 9.01 (9) (am) With regard to a presidential election, no later than one calendar
20day after entry of the order of the circuit court, a party aggrieved by the order may
21appeal to the supreme court. The sole and exclusive remedy for review of any
22decision or order of the circuit court with regard to a presidential election shall be
23by appeal to the supreme court.
SB852-SSA1,20 24Section 20. 9.01 (9) (cm) of the statutes is created to read:
SB852-SSA1,14,11
19.01 (9) (cm) With regard to an appeal under par. (am), the supreme court shall
2make a determination of the issues on appeal as soon as possible. If the supreme
3court issues an order no later than the day before the date on which the electors are
4to convene under s. 7.75 that requires the governor to issue a superseding certificate
5of ascertainment under s. 7.70 (5) (b) consistent with the certified results of the
6recount, the governor shall issue that superseding certificate of ascertainment by the
7date on which the electors are to convene under s. 7.75. If the supreme court does
8not issue an order by the day before the date on which the electors are to convene
9requiring the governor to issue a superseding certificate of ascertainment, the
10governor's certificate of ascertainment originally issued pursuant to s. 7.70 (5) (b)
11shall be the final certificate of ascertainment.
SB852-SSA1,21 12Section 21. Initial applicability.
SB852-SSA1,14,1413 (1) Electoral Count Reform Act. This act first applies to the 2024 general
14election.
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