Bill > SB852

Introduced Session

This bill makes the following changes to Wisconsin election laws in order to comply with deadlines established by the federal Electoral Count Reform Act for selecting presidential electors and transmitting election results to Congress: 1. Under current law, following a presidential election, the governor must sign a certificate of the election results and deliver six duplicate originals of that certificate to one of the state's presidential electors on or before the first Monday after the second Wednesday in December. The bill changes the deadline for delivering the certificate to the first Tuesday after the second Wednesday in December. 2. Current law requires the electors for president and vice president to meet at the state capitol at noon on the first Monday after the second Wednesday in December. The bill requires the electors to meet on the first Tuesday after the second Wednesday in December. 3. Current law requires the Elections Commission chairperson to complete the state canvass of election results within 10 days from the day on which it commences. The bill requires that commission chairperson to complete the state canvass no later than one day after it commences. 4. Under current law, when the Elections Commission receives a valid petition for a recount it must promptly order the proper county board of canvassers to LRB-5392/1 JK:cjs 2023 - 2024 Legislature SENATE BILL 852 commence the recount. The order must be sent by certified mail or by “other expeditious means” and the county board of canvassers must commence the recount no later than 9 a.m. on the third day after receiving the order. The bill requires that the order be sent immediately, on the same day on which the commission receives the petition, and by email or other electronic transmission. In addition, the board of canvassers must commence the recount no later than 9 a.m. on the second day after receiving the order and may not adjourn until the recount is complete in the county, except to the extent permitted by the commission. Under current law, returns from a recount ordered by the commission must be transmitted to the commission as soon as possible, but not later than 13 days from the date of the order. The bill shortens that 13-day period to 10 days. 5. Under current law, a candidate may file an appeal of the recount results with the circuit court within five business days after the recount is completed. The bill shortens that deadline to two days. The bill also requires the court to make a determination on the appeal no later than two days after the day on which the appeal is filed rather than “as expeditiously as possible,” as provided under current law. 6. Current law allows a candidate aggrieved by an order of the circuit court to file an appeal with the court of appeals within 30 days after the circuit court's order. The bill allows a candidate to file an appeal with the court of appeals no later than two days after the circuit court's order. The bill also requires the court of appeals to make its determination no later than two days after the appeal is filed.

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Dan Feyen (R)*,  Romaine Quinn (R)*,  Dave Maxey (R),  Tom Michalski (R),  Jerry O'Connor (R),  Peter Schmidt (R), 

Failed to concur in pursuant to Senate Joint Resolution 1 (on 04/15/2024)

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Official Document