Recount laws in Wisconsin

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Each state has its own series of recount laws. The separation of powers clause in the constitution has largely placed the responsibility for conducting on state governments. Here is a summary of the recount laws in Wisconsin.Note: Before taking any action, or if you have any questions, contact your state election agency.

Wisconsin voting equipment

Wisconsin Direct Recording Electronic Method in its voting systems and require a Voter Verified Paper Audit Trail when conducting elections.

Wisconsin recount procedures

Any candidate voted for at any election may request a recount. The candidate must file a verified petition with the clerk or body with whom nomination papers are to be filed for that office. The petition should be filed not earlier than the time of completion of the canvass and not later than 5:00 p.m. on the third business day following the determination of the results of the election.[1] The petition must specify each ward or municipality in which a recount is desired. An opposing candidate or any voter or other interested party may similarly file a petition for a recount in any or all of the remaining wards or municipalities.[2]

If the difference between the votes cast for the leading candidate and those cast for the petitioner is not more than 0.5% of the total votes if more than 1,000 votes are cast, the petitioner is not required to pay a fee. Otherwise, the petitioner must pay the calculated or estimated fee at the time of filing.[3]

Wisconsin vote contest procedures

Within five business days after completion of the recount, any candidate aggrieved by the recount may appeal to circuit court. The appellant must file the notice with the clerk of the circuit courttogether with an undertaking and surety in the amount approved by the court.[4]

References

  1. WI Statutes § 9.01.
  2. Id. at § 9.01.
  3. Id. at §§ 9.01.
  4. Id. at § 9.01.

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