Wisconsin Statutes
Wis. Stat. § 5.01 (2026)
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✓ current as of July 2026
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5.01(1)(1) Construction of chs. 5 to 12. Except as otherwise provided, chs. 5 to 12 shall be construed to give effect to the will of the electors, if that can be ascertained from the proceedings, notwithstanding informality or failure to fully comply with some of their provisions.
5.01(2)(2) General provisions of election laws apply. The general provisions of chs. 5 to 12 apply to all elections.
5.01(3)(a)(a) Except as provided in par. (b), in every election to choose any officer, each elector has one vote for each office unless clearly indicated otherwise. The person receiving the greatest number of legal votes for the office shall be declared elected, and the canvassers shall so determine and certify.
5.01(3)(b)(b) In an election to fill a nonpartisan state office, if no names are certified to appear on the ballot, no person may be declared elected.
5.01(4)(a)(a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections commission or the chairperson’s designee.
5.01(4)(b)(b) If, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candidates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.
5.01(4)(c)(c) The candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.
5.01(4)(d)(d) If a question is submitted to the electors and an equal number of votes are cast for and against adoption, the question fails adoption.
5.01(5)(a)(a) In every general election to choose the governor and the lieutenant governor, each elector shall have a single vote applicable to both offices. The persons receiving the greatest number of legal votes cast jointly for them for governor and lieutenant governor shall be declared elected, and the canvassers shall so determine and certify.
5.01(5)(b)(b) In case 2 or more slates have an equal and the highest number of votes for governor and lieutenant governor, the 2 houses of the legislature shall at the next annual session choose by joint ballot one of the slates so having an equal and the highest number of votes for governor and lieutenant governor.
5.01 HistoryHistory: 1979 c. 89; 1983 a. 484; 1985 a. 304; 1997 a. 27; 1999 a. 150 s. 672; 1999 a. 182; 2015 a. 118.
5.01 AnnotationThe supreme court has quite consistently construed the provisions of election statutes as directory rather than mandatory so as to preserve the will of the elector. Lanser v. Koconis, 62 Wis. 2d 86, 214 N.W.2d 425 (1974).
5.01 AnnotationWhen 40 percent of registered voters were denied ballots in an election to remove a county seat, the election was set aside even though the outcome probably was not affected. McNally v. Tollander, 100 Wis. 2d 490, 302 N.W.2d 440 (1981).
5.01 AnnotationSub. (1) applies only after an election has been held and the will of the people manifested. City of Chippewa Falls v. Town of Hallie, 231 Wis. 2d 85, 604 N.W.2d 300 (Ct. App. 1999), 99-0832.
5.01 AnnotationOnly substantial violations of the election law should operate to vacate an election. Carlson v. Oconto County Board of Canvassers, 2001 WI App 20, 240 Wis. 2d 438, 623 N.W.2d 195, 00-1788.
Notes of Decisions
Cited in 57
cases (6 in the last 5 years), 1927–2024 · leading case: Roth v. LaFarge Sch. Dist. Bd. of Canvassers, 2004 WI 6 (Wis. 2004).
Roth v. LaFarge Sch. Dist. Bd. of Canvassers, 2004 WI 6 (Wis. 2004). “The circuit court *341 noted that Wis. Stat. § 5.01 (1) emphasizes that statutes are to be construed so as to give effect to the intent of the voter.”
Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010). “and (ii) to exercise the rights and discharge the duties and responsibilities of the [Geneva National] Trust and to select either the Community Association or any Club Owner to act under the conditions and in the manner provided in Section 5.01 of this Declaration. Id. (emphasis…”
Digicorp, Inc. v. Ameritech Corp., 2003 WI 54 (Wis. 2003). “Finally, the June 1996 Non-Exclusive Authorized Distributor Agreement between Ameritech *58 and Digicorp, clearly sets forth in Section 5.01 what happens if forged signatures are discovered.”
Strenke v. Hogner, 2005 WI 25 (Wis. 2005). “Neither form of conduct, therefore, involves mere inadvertence or what, in the traditional tort sense, would be called ordinary negligence.”
In Re Kedrowski, 284 B.R. 439 (Bankr. W.D. Wis. 2002). “8 Other than providing for minors and incompetents, however, section 5.01 of the ordinance is quite clear: All members of the Ho-Chunk Nation that are on the tribal rolls shall be eligible to receive per capita distributions.”
Wischer v. Mitsubishi Heavy Indus. Am., Inc., 2005 WI 26 (Wis. 2005). “With the second the defendant knows, or should have reason to know, not only that the conduct creates an unreasonable risk of harm, but also that there is a strong probability, although not a substantial certainty, that the harm will result and, nevertheless, proceeds with the…”
State Ex Rel. Ahlgrimm v. State Elections Bd., 263 N.W.2d 152 (Wis. 1978). “” 3 Section 5.01 (1), Stats., provides: . . Construction of Title II.”
Roth v. LaFarge Sch. Dist. Bd. of Canvassers, 2001 WI App 221 (Wis. Ct. App. 2001). “Under Wis. Stat. § 5.01 (4)(d), a tie vote results in the referendum being defeated.”
Clarke Ex Rel. Est. of Pickard v. Ford Motor Co., 343 F. Supp. 2d 714 (E.D. Wis. 2004). “The court stated: [Although Section 5.01 requires an eligible employee to submit an application to begin receiving benefit payments, it does not require an application as a condition of eligibility.”
Miller v. Wal-Mart Stores, Inc., 580 N.W.2d 233 (Wis. 1998). “5, § 5.01 at 8-9 (1984)). *270 [16] ¶ 32. Our independent review of the record shows that the circuit court was correctthere is sufficient evidence to support an award of punitive damages, assuming a causal connection between the employer's negligence and the employee's…”
Quarles House Apts. v. Plunkett (In Re Plunkett), 23 B.R. 392 (Bankr. E.D. Wis. 1982). “Section 5.01 1 of the partnership agreement designated Oliver Plunkett (“Plunk-ett”), the debtor, as the managing partner of the Quarles House and gave him “full charge and control of the management, conduct and operation of the ordinary affairs of the Partnership business”.”
Stahovic v. Rajchel, 363 N.W.2d 243 (Wis. Ct. App. 1984). “*377 A review of Wisconsin case law demonstrates that substantial, and not literal, compliance with election laws has been deemed consistent with sec. 5.01, Stats. In Lanser v. Koconis, 62 Wis.”
— Wis. Stat. § 5.01(1) — 21 cases
State Ex Rel. Ahlgrimm v. State Elections Bd., 263 N.W.2d 152 (Wis. 1978). “” 3 Section 5.01 (1), Stats., provides: . . Construction of Title II.”
Comm. to Retain Judge Byers v. Elections Bd., 291 N.W.2d 616 (Wis. Ct. App. 1980).
Roth v. LaFarge Sch. Dist. Bd. of Canvassers, 2004 WI 6 (Wis. 2004). “The circuit court *341 noted that Wis. Stat. § 5.01 (1) emphasizes that statutes are to be construed so as to give effect to the intent of the voter.”
Brady v. Hechler, 346 S.E.2d 546 (W. Va. 1986).
Stahovic v. Rajchel, 363 N.W.2d 243 (Wis. Ct. App. 1984). “*377 A review of Wisconsin case law demonstrates that substantial, and not literal, compliance with election laws has been deemed consistent with sec. 5.01, Stats. In Lanser v. Koconis, 62 Wis.”
— Wis. Stat. § 5.01(2) — 1 case
Timothy Zignego v. Wisconsin Elections Comm'n, 2020 WI App 17 (Wis. Ct. App. 2020).
— Wis. Stat. § 5.01(4)(a) — 3 cases
Hackbarth v. Erickson, 433 N.W.2d 266 (Wis. Ct. App. 1988).
In Re Appeal of Bd. of Canvassers, 433 N.W.2d 266 (Wis. Ct. App. 1988).
Ard v. Bd. of Canvassers, 928 N.W.2d 814 (Wis. Ct. App. 2019).
— Wis. Stat. § 5.01(4)(d) — 2 cases
Roth v. LaFarge Sch. Dist. Bd. of Canvassers, 2004 WI 6 (Wis. 2004). “The circuit court *341 noted that Wis. Stat. § 5.01 (1) emphasizes that statutes are to be construed so as to give effect to the intent of the voter.”
Town of Nasewaupee v. City of Sturgeon Bay, 431 N.W.2d 699 (Wis. Ct. App. 1988).
— Wis. Stat. § 5.01(b) — 1 case
Mann v. Marine Bank West (In Re Omni Graphics, Inc.), 119 B.R. 641 (Bankr. E.D. Wis. 1990).
— Wis. Stat. § 5.01(g) — 1 case
Matter of All-Way Servs., Inc., 73 B.R. 556 (Bankr. E.D. Wis. 1987).
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