SB 852

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

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.