AB899: Bill Text

AB899,,480 7.70 (3) (a) The chairperson of the commission secretary of state or a designee of the chairperson secretary of state appointed by the chairperson secretary to canvass a specific election shall publicly canvass the returns and make his or her certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 3rd Wednesday following a partisan primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.

AB899,,481 (b) The commission chairperson secretary of state or the chairperson’s secretary’s designee shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the commission chairperson secretary of state or the chairperson’s secretary’s designee may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the commission secretary of state.

AB899,,482 (c) The chairperson of the commission secretary of state or the chairperson’s secretary’s designee shall conclude the state canvass within 10 days after its commencement.

AB899,,483 (d) When the certified statements and returns are received, the chairperson of the commission secretary of state or the chairperson’s secretary’s designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

AB899,,484 (e) The chairperson of the commission secretary of state or the chairperson’s secretary’s designee shall make a special statement to the commission as soon as possible after the canvass of the general election certifying the name of each political party which receives at least one 1 percent of the vote cast in such election for any statewide office.

AB899,,485 (g) Following each primary election, the chairperson of the commission secretary of state or the chairperson’s secretary’s designee shall prepare a statement certifying the results of the primary, which shall indicate the names of the persons who have won nomination to any state or national office. Following each other election, the chairperson of the commission secretary of state or the chairperson’s secretary’s designee shall prepare a statement certifying the results of the election and shall attach to the statement a certificate of determination which shall indicate the names of persons who have been elected to any state or national office. The chairperson of the commission secretary of state or the chairperson’s secretary’s designee shall likewise prepare a statement and certificate for any statewide referendum. The chairperson of the commission or the chairperson’s designee shall deliver each statement and determination to the commission.

AB899,,486 (h) Whenever a referendum question submitted to a vote of the people is approved, the commission secretary of state shall record it and the secretary of state legislative reference bureau shall have the record bound in the volume containing the original enrolled laws passed at the next succeeding session of the legislature and have the record published with the laws thereof. Whenever a constitutional amendment or other statewide validating or ratifying referendum question which is approved by the people does not expressly state the date of effectiveness, it shall become effective at the time the chairperson of the commission secretary of state or the chairperson’s secretary’s designee certifies that the amendment or referendum question is approved.

AB899,,487 (i) The commission chairperson secretary of state or the chairperson’s secretary’s designee shall canvass only regular returns made by the county board of canvassers and shall not count or canvass any additional or supplemental returns or statements made by the county board or any other board or person. The commission chairperson secretary of state or the chairperson’s secretary’s designee shall not count or canvass any statement or return which has been made by the county board of canvassers at any other time than that provided in s. 7.60. This provision does not apply to any return made subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior return from the same county for the same office; or to a statement given to the commission chairperson secretary of state or chairperson’s the secretary’s designee or a messenger sent by the chairperson secretary or designee to obtain a correction.

AB899,219 Section 219. 7.70 (5) of the statutes is amended to read:

AB899,,489 7.70 (5) Certificates of election. (a) The commission secretary of state shall record in its the secretary’s office each certified statement and determination made by the commission chairperson secretary or the chairperson’s secretary’s designee. Immediately after the expiration of the time allowed to file a petition for recount, the commission secretary of state shall make and transmit to each person declared elected a certificate of election under the seal of the commission secretary of state, except that the commission secretary need not wait until expiration of the time allowed to file a petition for recount if there is no aggrieved party, as defined in s. 9.01 (1) (a) 5. It The secretary of state shall also prepare similar certificates, attested by the commission administrator secretary, addressed to the U.S. house of representatives, stating the names of those persons elected as representatives to the congress from this state. In the case of U.S. senators, the commission secretary of state shall prepare and sign a certificate of election for the governor’s signature, and the governor shall sign and affix the great seal of the state and transmit the certificate to the president of the U.S. senate. The certificate shall be countersigned by the secretary of state. If a person elected was elected to fill a vacancy, the certificate shall so indicate. When a valid petition for recount is filed, the commission chairperson secretary of state or the chairperson’s secretary’s designee may not certify a nomination, and the governor or commission secretary of state may not issue a certificate of election until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.

AB899,,490 (b) For presidential electors, the commission secretary of state shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state, and transmit the certificate by registered mail to the U.S. administrator of general services. The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday after the 2nd Wednesday in December.

AB899,220 Section 220. 8.07 of the statutes is amended to read:

AB899,,492 8.07 Validity of nomination papers. The commission secretary of state shall promulgate rules under this chapter for use by election officials in determining the validity of nomination papers and signatures thereon.

AB899,221 Section 221. 8.10 (6) (a) of the statutes is amended to read:

AB899,,494 8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am), in the office of the elections commission secretary of state.

AB899,222 Section 222. 8.12 (1) of the statutes is amended to read:

AB899,,496 8.12 (1) Selection of names for ballot. (a) No later than 5 p.m. on the 2nd Tuesday in December of the year before each year in which electors for president and vice president are to be elected, the state chairperson of each recognized political party listed on the official ballot at the last gubernatorial election whose candidate for governor received at least 10 percent of the total votes cast for that office may certify to the commission secretary of state that the party will participate in the presidential preference primary. For each party filing such a certification, the voters of this state shall at the spring election be given an opportunity to express their preference for the person to be the presidential candidate of that party.

AB899,,497 (b) On the first Tuesday in January of each year, or the next day if Tuesday is a holiday, in which electors for president and vice president are to be elected, there shall be convened in the capitol a committee consisting of, for each party filing a certification under this subsection, the state chairperson of that state party organization or the chairperson’s designee, one national committeeman and one national committeewoman designated by the state chairperson; the speaker and the minority leader of the assembly or their designees, and the president and the minority leader of the senate or their designees. All designations shall be made in writing to the commission secretary of state. This committee shall organize by selecting an additional member who shall be the chairperson and shall determine, and certify to the commission secretary of state, no later than on the Friday following the date on which the committee convenes under this paragraph, the names of all candidates of the political parties represented on the committee for the office of president of the United States. The committee shall place the names of all candidates whose candidacy is generally advocated or recognized in the national news media throughout the United States on the ballot, and may, in addition, place the names of other candidates on the ballot. The committee shall have sole discretion to determine that a candidacy is generally advocated or recognized in the national news media throughout the United States.

AB899,,498 (c) No later than 5 p.m. on the last Tuesday in January of each presidential election year, any person seeking the nomination by the national convention of a political party filing a certification under this subsection for the office of president of the United States, or any committee organized in this state on behalf of and with the consent of such person, may submit to the commission secretary of state a petition to have the person’s name appear on the presidential preference ballot. The petition may be circulated no sooner than the first Tuesday in January of such year, or the next day if Tuesday is a holiday, and shall be signed by a number of qualified electors equal in each congressional district to not less than 1,000 signatures nor more than 1,500 signatures. The form of the petition shall conform to the requirements of s. 8.40. All signers on each separate petition paper shall reside in the same congressional district.

AB899,,499 (d) The commission secretary of state shall forthwith contact each person whose name has been placed in nomination under par. (b) and notify him or her that his or her name will appear on the Wisconsin presidential preference ballot unless he or she files, no later than 5 p.m. on the last Tuesday in January of such year, with the commission secretary of state, a disclaimer stating without qualification that he or she is not and does not intend to become a candidate for the office of president of the United States at the forthcoming presidential election. The disclaimer may be filed with the commission secretary by certified mail, telegram, or in person.

AB899,223 Section 223. 8.12 (2) of the statutes is amended to read:

AB899,,501 8.12 (2) Ballots. The form of the official ballots shall be prescribed by the commission secretary of state. The ballot shall provide to an elector the opportunity to vote for an uninstructed delegation to represent this state at the presidential nominating convention of his or her party, or to write in the name of a candidate for the presidential nomination of his or her party.

AB899,224 Section 224. 8.12 (3) of the statutes is amended to read:

AB899,,503 8.12 (3) Reporting of results. No later than May 15 following the presidential preference primary, the commission secretary of state shall notify each state party organization chairperson under sub. (1) (b) of the results of the presidential preference primary within the state and within each congressional district.

AB899,225 Section 225. 8.15 (8) (a) of the statutes is amended to read:

AB899,,505 8.15 (8) (a) For state offices and the offices of U.S. senator and representative in congress, in the office of the commission secretary of state.

AB899,226 Section 226. 8.16 (2) (b) of the statutes is amended to read:

AB899,,507 8.16 (2) (b) If the person is a candidate for state office, the person files a statement of economic interests under s. 19.43 (4), no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the person by the commission secretary of state; and

AB899,227 Section 227. 8.16 (7) of the statutes is amended to read:

AB899,,509 8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each party entitled to a partisan primary ballot shall be the party’s candidates for president, vice president and presidential electors. The state or national chairperson of each such party shall certify the names of the party’s nominees for president and vice president to the commission secretary of state no later than 5 p.m. on the first Tuesday in September preceding a presidential election. Each name shall be in one of the formats authorized in s. 7.08 (2) (a).

AB899,228 Section 228. 8.17 (9) (a) of the statutes is amended to read:

AB899,,511 8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents of that county may voluntarily form a committee, which, upon approval of the state committee and certification by the secretary of the state committee to the commission secretary of state and the county clerk or board of election commissioners, shall then become the county committee with equal standing as if it had been organized under sub. (5) (a). This standing shall remain unless and until a committee is organized under sub. (5) (a).

AB899,229 Section 229. 8.17 (12) of the statutes is amended to read:

AB899,,513 8.17 (12) The secretary of the state committee of each recognized political party under s. 5.62 (1) (b) or (2) shall notify the commission secretary of state in writing of the name and address of the elected state committee chairperson within 10 days of his or her election.

AB899,230 Section 230. 8.18 (2) of the statutes is amended to read:

AB899,,515 8.18 (2) The purpose of the convention is to nominate one presidential elector from each congressional district and 2 electors from the state at large. The names of the nominees shall be certified immediately by the chairperson of the state committee of each party to the chairperson of the commission secretary of state.

AB899,231 Section 231. 8.185 (1) of the statutes is amended to read:

AB899,,517 8.185 (1) The names of candidates for president and vice president may be written in, in the place provided, on the general ballot at the general election for choosing the president and vice president of the United States. Write-in votes shall be listed as scattering unless the person whose name is written in has a list of presidential electors on file with the commission secretary of state in accordance with this section or unless the person whose name is written in has received more than 10 percent of the total vote cast in the ward, or in the municipality if not divided into wards.

AB899,232 Section 232. 8.185 (2) of the statutes is amended to read:

AB899,,519 8.185 (2) Any candidates for the office of president and vice president of the United States as write-in candidates shall file a list of presidential electors and a declaration of candidacy in the manner prescribed in s. 8.21 with the commission secretary of state no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the general election to choose the president and vice president of the United States. The list shall contain one presidential elector from each congressional district and 2 electors from the state at large and the names of the candidates for president and vice president for whom they intend to vote, if elected. Compliance with this subsection may be waived by the commission secretary of state but only if the results of the general election indicate that a write-in candidate for the office of president is eligible to receive the electoral votes of this state except for noncompliance with this subsection. In such event, the write-in candidate shall have until 4:30 p.m. on the Friday following the general election to comply with the filing requirements of this subsection.

AB899,233 Section 233. 8.185 (3) of the statutes is amended to read:

AB899,,521 8.185 (3) If more than one list of presidential electors is filed with the commission secretary of state by any write-in candidates for the offices of president and vice president of the United States, the first list filed shall be considered the valid list, provided that this list meets the additional requirements of this section.

AB899,234 Section 234. 8.19 (1) of the statutes is amended to read:

AB899,,523 8.19 (1) The state committee of any party polling less than 75,000 presidential votes in this state in the last election may change the name of the party. The new name may not duplicate that of an existing national party. A certificate of approval by the party’s national committee which has been certified by the national committee secretary, the state committee chairperson and the state committee secretary shall be filed with the commission secretary of state.

AB899,235 Section 235. 8.19 (3) of the statutes is amended to read:

AB899,,525 8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on the partisan primary and general election ballots has exclusive right to the use of the name designating it at any election involving political parties. The commission secretary of state shall not certify nor the county clerk print the name of any person whose nomination papers indicate a party name comprising a combination of existing party names, qualifying words, phrases, prefixes, or suffixes in connection with any existing party name.

AB899,236 Section 236. 8.20 (7) of the statutes is amended to read:

AB899,,527 8.20 (7) Nomination papers shall be filed in the office of the commission secretary of state for all state offices and the offices of U.S. senator and representative in congress, and in the office of county clerk or board of election commissioners for all county offices.

AB899,237 Section 237. 8.30 (2m) of the statutes is amended to read:

AB899,,529 8.30 (2m) The official or agency with whom nomination papers and declarations of candidacy are required to be filed shall not place a candidate’s name on the ballot if the candidate’s name is ineligible for ballot placement under s. 5.05 (2m) (d) 2., 15.61 (3), or 19.49 (2) (c) 2.

AB899,238 Section 238. 8.40 (3) of the statutes is amended to read:

AB899,,531 8.40 (3) The commission secretary of state shall, by rule, prescribe standards consistent with this chapter and s. 9.10 (2) to be used by all election officials and governing bodies in determining the validity of petitions for elections and signatures thereon.

AB899,239 Section 239. 8.50 (1) (a) of the statutes is amended to read:

AB899,,533 8.50 (1) (a) When there is to be a special election, the special election for county office shall be ordered by the county board of supervisors except as provided in s. 17.21 (5); the special election for city office shall be ordered by the common council; the special election for village office shall be ordered by the board of trustees; the special election for town office shall be ordered by the town board of supervisors; the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the special election for municipal judge shall be ordered by the governing body of the municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4) jointly by the governing bodies of all municipalities served by the judge; and all other special elections shall be ordered by the governor. When the governor or attorney general issues the order, it shall be filed and recorded in the office of the commission secretary of state. When the county board of supervisors issues the order, it shall be filed and recorded in the office of the county clerk. When the county executive issues the order, it shall be filed in the office of the county board of election commissioners. When the common council issues the order, it shall be filed in the office of the city clerk. When the board of trustees issues the order, it shall be filed in the office of the village clerk. When the town board of supervisors issues the order, it shall be filed in the office of the town clerk. When the school board of a school district organized under ch. 119 issues the order, it shall be filed and recorded in the office of the city board of election commissioners. If a municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or board of election commissioners of the county having the largest portion of the population of the jurisdiction served by the judge.

AB899,240 Section 240. 8.50 (1) (b) of the statutes is amended to read:

AB899,,535 8.50 (1) (b) Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election concerns a national or state office, the commission secretary of state shall give notice as soon as possible to the county clerks. Upon receipt of notice from the commission secretary, or when the special election is for a county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible to the municipal clerks of all municipalities in which electors are eligible to vote in the election and publish one type A notice for all offices to be voted upon within the county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or town office, the municipal clerk shall publish one type A notice as provided under s. 10.06 (3) (f).

AB899,241 Section 241. 8.50 (1) (d) of the statutes is amended to read:

AB899,,537 8.50 (1) (d) When the election concerns a national office or a special election for state office is held concurrently with the general election, the commission secretary of state shall transmit to each county clerk a certified list of all persons for whom nomination papers have been filed in its his or her office at least 62 days before the special primary, and in other cases the commission secretary of state shall transmit the list to each county clerk at least 22 days before the special primary. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the special election unless the special election concerns a national office or is held concurrently with the general election, in which case the list shall be transmitted at least 62 days prior to the day of the special election. Immediately upon receipt of the certified list, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB899,242 Section 242. 8.50 (3) (e) of the statutes is amended to read:

AB899,,539 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections commission secretary of state no later than 7 days after the special primary and 13 days after the special election.

AB899,243 Section 243. 9.01 (1) (a) 1. of the statutes is amended to read:

AB899,,541 9.01 (1) (a) 1. Any candidate voted for at any election who is an aggrieved party, as determined under subd. 5., or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional ballots under s. 6.97 (4) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional ballots. If the commission chairperson secretary of state or chairperson’s secretary’s designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional ballots and not later than 5 p.m. on the 3rd business day following the day on which the commission secretary of state receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional ballots. With regard to an election for president, the petitioner shall file the petition not later than 5 p.m. on the first business day following the day on which the commission secretary of state receives the last statement from a county board of canvassers for the election following canvassing of all valid provisional ballots.

AB899,244 Section 244. 9.01 (1) (a) 4. of the statutes is amended to read:

AB899,,543 9.01 (1) (a) 4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the commission chairperson secretary of state or chairperson’s secretary’s designee after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

AB899,245 Section 245. 9.01 (1) (ag) 2. of the statutes is amended to read:

AB899,,545 9.01 (1) (ag) 2. If subd. 1 does not apply to 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 upon any referendum question following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition requests a recount where no wards exist, plus the actual cost incurred by the commission secretary of state to provide services for performing the recount.

AB899,246 Section 246. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB899,,547 9.01 (1) (ag) 4. The commission secretary of state shall deposit all moneys received by it the secretary into the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held and shall retain the amount necessary to pay for the actual cost incurred by the commission secretary of state to provide services for performing the recount. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

AB899,247 Section 247. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB899,,549 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the commission secretary of state.

AB899,248 Section 248. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB899,,551 9.01 (1) (ar) 3. 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 secretary of state receives a valid petition and any payment under par. (ag) 3., the commission secretary 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 secretary may permit extension of the time for adjournment. Returns from a recount ordered by the commission secretary of state shall be transmitted to the office of the commission secretary as soon as possible, but in no case later than 13 days from the date of the order of the commission secretary directing the recount. The commission chairperson secretary of state or the chairperson’s secretary’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 secretary of state or the chairperson’s secretary’s designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB899,249 Section 249. 9.01 (5) (a) of the statutes is amended to read:

AB899,,553 9.01 (5) (a) The board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson secretary or designee. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee receives exhibits from any party, the board of canvassers or the chairperson secretary or designee shall number and preserve the exhibits. The board of canvassers or the chairperson secretary or chairperson’s secretary’s designee shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson secretary or chairperson’s secretary’s designee may administer oaths, certify official acts, and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the commission chairperson secretary of state or chairperson’s the secretary’s designee, witness fees shall be paid by the commission secretary of state.

AB899,250 Section 250. 9.01 (5) (bm) of the statutes is amended to read:

AB899,,555 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the commission secretary of state one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the county committee of that political party.

AB899,251 Section 251. 9.01 (5) (c) of the statutes is amended to read:

AB899,,557 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the commission chairperson secretary of state or the chairperson’s secretary’s designee, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the commission chairperson secretary of state or designee. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the commission chairperson secretary of state or the chairperson’s secretary’s designee receives such results, the chairperson secretary or designee shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the commission chairperson secretary or designee may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB899,252 Section 252. 9.01 (6) (a) of the statutes is amended to read:

AB899,,559 9.01 (6) (a) 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 secretary of state or the chairperson’s secretary’s designee whenever a determination is made by the chairperson secretary 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 secretary of state or the chairperson’s secretary’s designee. The appellant shall also serve notice on the commission secretary of state if the commission chairperson secretary or the chairperson’s secretary’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 against the appellant.

AB899,253 Section 253. 9.01 (7) (a) of the statutes is amended to read:

AB899,,561 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county, municipal clerk, or board, and the commission secretary of state, to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county, municipal clerk, or board, the commission secretary of state, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

AB899,254 Section 254. 9.01 (8) (a) of the statutes is amended to read:

AB899,,563 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the commission chairperson secretary of state or chairperson’s secretary’s designee, it shall affirm the determination.

AB899,255 Section 255. 9.01 (8) (c) of the statutes is amended to read:

AB899,,565 9.01 (8) (c) The court may not receive evidence not offered to the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

AB899,256 Section 256. 9.01 (8) (d) of the statutes is amended to read:

AB899,,567 9.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee if it finds that the board of canvassers or the chairperson secretary or chairperson’s secretary’s designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson secretary or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

AB899,257 Section 257. 9.01 (10) of the statutes is amended to read: