Wis. Stat. § 9.01

Recount

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9.01 Recount. (1) PETITION; FEES; GENERAL PROCEDURES. a. For an election at which 4,000 or fewer votes are cast for (a) 1. Any candidate voted for at any election who is an ag- the office that the candidate seeks, a candidate who trails the grieved party, as determined under subd. 5., or any elector who leading candidate, as defined under par. (ag) 5., by no more than voted upon any referendum question at any election may petition 40 votes, as determined under par. (ag) 5. for a recount. The petitioner shall file a verified petition or peti- tions with the proper clerk or body under par. (ar) not earlier than b. For an election at which more than 4,000 votes are cast for the office that the candidate seeks, a candidate who trails the the time of completion of the canvass following canvassing of any leading candidate, as defined under par. (ag) 5., by no more than valid provisional ballots under s. 6.97 (4) and, except as provided 1 percent of the total votes cast for that office, as determined un- in this subdivision, not later than 5 p.m. on the 3rd business day der par. (ag) 5. following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that (ad) Upon receiving a petition for a recount, the clerk or body referendum question following canvassing of all valid provisional receiving the petition shall reasonably estimate any fee due under ballots or, if more than one board of canvassers makes the deter- par. (ag) 2. The clerk or body shall provide the petitioner mination, not later than 5 p.m. on the 3rd business day following promptly with the total due or estimate. the last meeting day of the last board of canvassers which makes (ag) 1. If the difference between the votes cast for the leading a determination following canvassing of all valid provisional bal- candidate and those cast for the petitioner or the difference be- lots. If the commission chairperson or chairperson’s designee tween the affirmative and negative votes cast upon any referen- makes the determination for the office or the referendum ques- dum question is less than 10 if 4,000 or fewer votes are cast or not tion, the petitioner shall file the petition not earlier than the last more than 0.25 percent of the total votes cast for the office or on meeting day of the last county board of canvassers to make a the question if more than 4,000 votes are cast following canvass- statement in the election or referendum following canvassing of ing of all valid provisional and absentee ballots, the petitioner is all valid provisional ballots and not later than 5 p.m. on the 3rd not required to pay a fee. business day following the day on which the commission receives 2. If subd. 1 does not apply to the difference between the the last statement from a county board of canvassers for the elec- votes cast for the leading candidate and those cast for the peti- tion or referendum following canvassing of all valid provisional tioner or the difference between the affirmative and negative ballots. With regard to an election for president, the petitioner votes cast upon any referendum question following canvassing of shall file the petition not later than 5 p.m. on the first business day all valid provisional and absentee ballots, the petitioner shall pay following the day on which the commission receives the last a fee equal to the actual cost of performing the recount in each statement from a county board of canvassers for the election fol- ward for which the petition requests a recount, or in each munici- lowing canvassing of all valid provisional ballots. pality for which the petition requests a recount where no wards 2. Each verified petition under subd. 1. shall state all of the exist, plus the actual cost incurred by the commission to provide following: services for performing the recount. a. That at the election the petitioner was a candidate for the 3. All fees estimated under par. (ad) shall be prepaid in cash office in question or that the petitioner voted on the referendum or another form of payment which is acceptable to the officer to question in issue. whom they are paid. No petition for which a fee is required is valid unless the proper calculated or estimated fee is paid at the b. That the petitioner is informed and believes that a mistake time of filing. or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon 3m. The petitioner shall pay any balance owing toward the the question or that another specified defect, irregularity, or ille- fee due under subd. 2. within 45 days after the clerk or body re- ceiving the petition provides the petitioner with a written state- gality occurred in the conduct of the election. ment of the amount due. If the petitioner has overpaid the fee due c. If the petitioner is a candidate voted for at the election for under subd. 2., the clerk or body receiving the petition shall re- which the petitioner seeks a recount, that the petitioner is an ag- fund the amount overpaid within 45 days after the board of can- grieved party. vassers makes its determination in the recount. If, as a result of 3. The petition under subd. 1. shall specify each ward, or the recount, the petitioner is the leading candidate, or the major- each municipality where no wards exist, in which a recount is de- ity of votes cast on the referendum changes from affirmative to sired. If a recount is requested for all wards within a jurisdiction, negative or from negative to affirmative, the clerk or body receiv- each ward need not be specified. ing the petition shall refund the amount paid within 45 days after 4. The petition under subd. 1. may be amended to include in- the board of canvassers makes its determination in the recount. formation discovered as a result of the investigation of the board For purposes of this subdivision, a petitioner has not overpaid the of canvassers or the commission chairperson or chairperson’s de- fees due under subd. 2., and is therefore not entitled to a refund signee after the filing of the petition if the petitioner moves to under this subdivision, if the recount results in a difference in the amend the petition as soon as possible after the petitioner discov- votes cast that is below the threshold for paying the fee under ers, or reasonably should have discovered, the information that is subd. 2.

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)

9.01 POST-ELECTION ACTIONS; DIRECT LEGISLATION

4. The commission shall deposit all moneys received by it into the account under s. 20.510 (1) (g), and shall pay the fees re- quired for each recount to the county clerks of the counties in which the recount is to be held and shall retain the amount neces- sary to pay for the actual cost incurred by the commission to pro- vide 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. 5. In this paragraph, the “leading candidate” includes every individual whose vote total at the time of the filing of the recount petition would entitle the individual to election or nomination to office. In an election in which more than one office of the same type is to be filled from the same territory, the number and per- centage of votes cast under this paragraph shall be determined by first dividing the total number of votes cast for the office by the number of offices being filled at the election from the same territory. (am) A person who files a petition under par. (a) may with- draw the petition. If the petitioner withdraws a petition before any board of canvassers that canvassed the original election be- gins its recount, the clerk or body shall refund any fee paid under par. (ag). (ar) 1. In the event of a recount for any office, the petition shall be filed with the clerk or body with whom nomination pa- pers are filed for that office. 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the refer- endum is called, and, in the case of the state, with the commission. 3. Whenever a clerk receives a valid petition and any pay- ment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the commission receives a valid petition and any payment under par. (ag) 3., the commission 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 may permit extension of the time for adjournment. Returns from a recount ordered by the commission shall be transmitted to the office of the commission as soon as possible, but in no case later than 13 days from the date of the order of the commission directing the recount. The com- mission chairperson or the chairperson’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 or the chairperson’s designee need not recount actual ballots, but shall verify the returns of the county boards of can- vassers in making his or her determinations. (b) Except as provided under par. (ar) 3., the proper board of canvassers shall reconvene no earlier than 9 a.m. on the day fol- lowing delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition. The board of canvassers shall then proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. The recount shall proceed for each ward or municipality as follows: 1. The board of canvassers shall first compare the poll lists and determine the number of voting electors. 2. The board of canvassers shall then examine the absentee ballot envelopes. Any defective absentee ballot envelopes shall be laid aside, properly marked and carefully preserved. The num- ber of voters shall be reduced by the number of ballot envelopes set aside under this subdivision. An absentee ballot envelope is defective only if it is not witnessed or if it is not signed by the voter or if the certificate accompanying an absentee ballot that the voter received by facsimile transmission or electronic mail is missing. 3. The board of canvassers shall then examine the container or bag containing the ballots to be certain it has not been tam- pered with, opened, or opened and resealed. Any irregularities or possible tampering with the container or bag shall be noted. 4. a. When the container or bag has been checked, it shall be opened and the contents removed. The board of canvassers shall, without examination other than what is necessary to determine that each is a single ballot, count the number of ballots in the con- tainer or bag, excluding ballots removed under s. 7.51 (2) (e). b. The board of canvassers shall then, for each opened absen- tee ballot envelope that was laid aside as defective under subd. 2., without inspection, randomly draw one absentee ballot from the container or bag. In differentiating absentee ballots from other ballots, the board of canvassers shall presume that a ballot ini- tialed only by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary is an absentee ballot. If there are more defective absentee ballot en- velopes than there are probable absentee ballots, all of the proba- ble absentee ballots shall be removed from the container or bag. Additional ballots shall be removed only if the number of remain- ing ballots still exceeds the number of voting electors recorded under subd. 1., reduced by the number of defective envelopes set aside under subd. 2. All ballots removed shall not be counted, but shall be marked as to the reason for their removal, set aside and carefully preserved. c. If, after completing the steps set forth in subd. 4. b., the number of ballots still exceeds the number of voters, the board of canvassers shall place all ballots face up to check for blank bal- lots. Any blank ballots shall be so marked, set aside and carefully preserved. d. If, after completing the steps set forth in subd. 4. c., the number of ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2., the board of canvassers shall place all ballots face down to check the initials. Any ballot not properly initialed by 2 inspectors or any absentee ballot not properly initialed by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary shall be temporarily set aside and the board of canvassers shall, without inspection, randomly draw from these ballots as many as are necessary to reduce the number of ballots to equal the number of voters. Any ballots removed for lack of initials shall not be counted but shall be marked, set aside and carefully preserved. e. If, after completing the steps set forth in subd. 4. d., the number of ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2., the re- maining ballots shall be returned to the container or bag and the board of canvassers shall draw a number of ballots equal to the excess number of ballots by chance and without inspection from the container or bag. These ballots shall not be counted but shall be marked as having been removed by the canvassers on recount due to an excess number of ballots, set aside and carefully preserved. 5. When the number of ballots and voters agree, or after not- ing that the number of voters exceeds the number of ballots, the board of canvassers shall return all ballots to be counted to the ballot box and shall turn the ballot box in such manner as to thor- oughly mix the ballots. The recount shall then begin. 5m. Except as otherwise provided in this section, the recount shall be conducted in accordance with s. 7.51. 6. In recounting the votes cast on a voting machine in which

the record of the votes cast is contained in the machine, the board tatives and counsel may object to the counting of any ballot. Any of canvassers shall make a record of the number of the seal, if errors shall be corrected. any, the number of the protective counter or other device, if one is 12. Except as authorized in s. 6.47 (8), the board of can- provided, and shall open the recording compartment of the ma- vassers shall not permit access to the name of any elector who has chine, and without unlocking the machine against voting, shall re- obtained a confidential listing under s. 6.47 (2) during the count the votes thereon. If the machine is an electronic voting recanvass. machine utilizing a detachable record of votes cast, the record (2) NOTICE TO CANDIDATES. When the recount concerns an shall be retabulated under s. 5.90. election for an office, the clerk or body with whom the petition is 7. When a machine is recounted, the board of canvassers filed shall promptly prepare a copy of the petition for delivery to shall proceed to inspect and examine the machine showing the each opposing candidate for the same office whose name appears votes cast for each office or referendum specified in the petition, on the ballot. In a recount proceeding for a partisan primary, the and shall make a record of the votes for that office or referendum clerk or body shall prepare a copy of the petition for delivery to as shown on that voting machine, which they shall certify as cor- each opposing candidate for the same party nomination for the rect, in the presence of at least one witness. same office, to each opposing candidate for the party nomination 8. If upon the recount it is found that the original canvass of of each other party for the same office and to each independent the returns has been correctly made from a voting machine and candidate qualifying to have his or her name placed on the ballot that a discrepancy still remains unaccounted for, the board of can- for the succeeding election. A candidate or agent designated by a vassers shall publicly unlock the voting and counting mechanism candidate may personally accept delivery of a copy of the peti- of the machine, and shall proceed to examine and test the ma- tion. Upon such delivery, the clerk or body shall require the can- chine to determine the cause of the discrepancy in returns from didate or agent to sign a receipt therefor. If a candidate or agent the machine. A similar test shall be performed for electronic vot- does not personally accept delivery, the clerk or body shall then ing machines to ascertain whether there is any malfunction in the promptly deliver the copies of the petition to the sheriff, who machine. After the completion of the examination and test, the shall promptly deliver the copies of the petition to each candidate board of canvassers shall prepare a statement giving the results of at the address given on the candidate’s nomination papers, with- the examination and test. The statement shall be witnessed by at out fee, in the manner provided for service of a summons in civil least one witness. actions. 8m. Where a voting machine or electronic voting system is (3) REPRESENTATION AND OBSERVATION. The petitioner, all used, and an error in the vote total as shown on the machine or opposing candidates and interested persons shall be entitled to be record of votes cast is clearly apparent, the board of canvassers present in person and by counsel to observe the proceedings. may change the vote total as shown by the machine or system and (4) RIGHT TO COMPLETE RECOUNT. Whenever a recount peti- certify or use a different total to certify a different result than is tion for part of the wards within a jurisdiction or district, or for indicated by the machine or system if there is evidence of a spe- part of the municipalities within a district where there are no cific malfunction in the machine or system, if the malfunction wards, is filed under this section, the opposing candidate, or any could reasonably have caused the error, and if clear and convinc- voter or other interested party including a municipality if on a ref- ing evidence exists which indicates the exact actual total number erendum question, may similarly file a petition for recount in any of votes cast. The burden of demonstrating that a vote total or all of the remaining wards or municipalities in the jurisdiction shown on a machine or record of votes cast is incorrect rests with or district. The petition shall be filed not later than 5 p.m. 2 days the party seeking to change the recorded result on the basis of after the board of canvassers completes the first recount. The clear and convincing evidence. proper board of canvassers shall reconvene at 9 a.m. on the next business day following the filing of the petition and proceed to re- 8s. If an electronic voting system is used in which ballots are count the ballots in all wards or municipalities specified and to distributed to electors, and the board of canvassers makes a deter- otherwise review the allegations of fact contained in the petition. mination of elector intent under s. 7.50, the board of canvassers Any errors shall be corrected. shall add to the result generated by the automatic tabulating equipment any votes counted by the board of canvassers in mak- (5) OATHS; MINUTES; WITNESS FEES; TABULATORS; TIMING; PUBLICATION. (a) The board of canvassers or the commission ing its determination. chairperson or the chairperson’s designee shall keep complete 9. If upon the recount it appears that the original canvass of minutes of all proceedings before the board of canvassers or the the returns by the election officials was incorrect, the statements chairperson or designee. The minutes shall include a record of and determinations of the board of canvassers shall be corrected objections and offers of evidence. If the board of canvassers or accordingly. the commission chairperson or the chairperson’s designee re- 10. Recounts at polling places utilizing an electronic voting ceives exhibits from any party, the board of canvassers or the system in which ballots are distributed to electors shall be per- chairperson or designee shall number and preserve the exhibits. formed in accordance with the procedure for recounting paper The board of canvassers or the chairperson or chairperson’s de- ballots insofar as applicable, except as provided in s. 5.90. Re- signee shall make specific findings of fact with respect to any ir- counts at polling places utilizing electronic voting machines shall regularity raised in the petition or discovered during the recount. be performed in accordance with the procedure for recounting Any member of the board of canvassers or the chairperson or votes cast on mechanical voting machines, insofar as applicable, chairperson’s designee may administer oaths, certify official acts, except as provided in s. 5.90. and issue subpoenas for purposes of this section. Witness fees 11. All steps of the recount shall be performed publicly. Ex- shall be paid by the county. In the case of proceedings before the cept as provided in subd. 12., all materials and ballots may be commission chairperson or chairperson’s designee, witness fees viewed and identified by the candidates, the person demanding shall be paid by the commission. the recount and their authorized representatives and counsel, but (b) The board of canvassers conducting a recount may select only members of the board of canvassers and tabulators assisting and employ tabulators to assist it in its duties. Tabulators shall them may touch any of the materials or ballots. The candidates, perform their duties under the direction of the board of can- the person demanding the recount and their authorized represen- vassers. Only the members of the board of canvassers are compe-

9.01 POST-ELECTION ACTIONS; DIRECT LEGISLATION

tent to make any determination as to the validity of any vote tabu- is filed shall forthwith issue an order directing each affected lated. Compensation of tabulators shall be determined under s. county, municipal clerk, or board, and the commission, to trans- 7.03. mit immediately all ballots, papers and records affecting the ap- (bm) Upon the completion of its proceedings, a board of can- peal to the clerk of court or to impound and secure such ballots, vassers shall deliver to the commission one copy of the minutes papers and records, or both. The order shall be served upon each of the proceedings kept under par. (a). In addition, in the case of affected county, municipal clerk, or board, the commission, and a recount of an election for state or national office, for each candi- all other candidates and persons who filed a written notice of ap- date whose name appears on the ballot for that office under the pearance before any board of canvassers involved in the recount. name of a political party, the board of canvassers shall deliver one (b) The appeal shall be heard by a judge without a jury. copy of the minutes to the chief officer, if any, who is named in Promptly following the filing of an appeal, the court shall hold a any registration statement filed under s. 11.0302 by the state scheduling conference for the purpose of adopting procedures committee of that political party, and in the case of a recount of that will permit the court to determine the matter as expeditiously an election for county office, for each candidate whose name ap- as possible. Within the time ordered by the court, the appellant pears on the ballot for that office under the name of a political shall file a complaint enumerating with specificity every alleged party, the board of canvassers shall deliver one copy of the min- irregularity, defect, mistake or fraud committed during the re- utes to the chief officer, if any, who is named in any registration count. The appellant shall file a copy of the complaint with each statement filed under s. 11.0302 by the county committee of that person who is entitled to receive a copy of the order under par. political party. (a). Within the time ordered by the court, the other parties to the (c) If the recount is made by a municipal or county board of appeal shall file an answer. Within the time ordered by the court, canvassers and the result is required to be reported to a county the parties to the appeal shall provide the court with any other in- board of canvassers or to the commission chairperson or the formation ordered by the court. At the time and place ordered by chairperson’s designee, the board of canvassers making the initial the court, the matter shall be summarily heard and determined recount shall immediately certify the results to the county board and costs shall be taxed as in other civil actions. Those provi- of canvassers or to the commission chairperson or designee. If a sions of chs. 801 to 806 which are inconsistent with a prompt and county board of canvassers receives such results, it shall then expeditious hearing do not apply to appeals under this section. convene not later than 9 a.m. on the next business day following (8) SCOPE OF REVIEW. (a) Unless the court finds a ground for receipt to examine the returns and determine the results. If the setting aside or modifying the determination of the board of can- commission chairperson or the chairperson’s designee receives vassers or the commission chairperson or chairperson’s designee, such results, the chairperson or designee shall publicly examine it shall affirm the determination. 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 (b) The court shall separately treat disputed issues of proce- the latest day permitted for that election under s. 7.70 (3) (a), the dure, interpretations of law, and findings of fact. commission chairperson or designee may examine the returns (c) The court may not receive evidence not offered to the and determine the results not later than the day specified in s. board of canvassers or the commission chairperson or the chair- 7.70 (3) (a). person’s designee except for evidence that was unavailable to a (d) Whenever publication of an original determination is re- party exercising due diligence at the time of the recount or newly quired, the county or municipal clerk shall publish the recount discovered evidence that could not with due diligence have been determination in the same manner. obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not (6) APPEAL TO CIRCUIT COURT. (a) Within 5 business days represented by counsel in all or part of a recount proceeding. A after completion of the recount determination by the board of party who fails to object or fails to offer evidence of a defect or ir- canvassers in all counties concerned, or within 5 business days af- regularity during the recount waives the right to object or offer ter completion of the recount determination by the commission evidence before the court except in the case of evidence that was chairperson or the chairperson’s designee whenever a determina- tion is made by the chairperson or designee, any candidate, or any unavailable to a party exercising due diligence at the time of the elector when for a referendum, aggrieved by the recount may ap- recount or newly discovered evidence that could not with due peal to circuit court. The appeal shall commence by serving a diligence have been obtained during the recount or evidence re- written notice of appeal on the other candidates and persons who ceived by the court due to unavailability of counsel during the filed a written notice of appearance before each board of can- recount. vassers whose decision is appealed, or in the case of a statewide (d) The court shall set aside or modify the determination of recount, before the commission chairperson or the chairperson’s the board of canvassers or the commission chairperson or the designee. The appellant shall also serve notice on the commis- chairperson’s designee if it finds that the board of canvassers or sion if the commission chairperson or the chairperson’s designee the chairperson or chairperson’s designee has erroneously inter- is responsible for determining the election. The appellant shall preted a provision of law and a correct interpretation compels a serve the notice by certified mail or in person. The appellant particular action. If the determination depends on any fact found shall file the notice with the clerk of circuit court together with an by the board of canvassers or the commission chairperson or the undertaking and surety in the amount approved by the court, con- chairperson’s designee, the court may not substitute its judgment ditioned upon the payment of all costs taxed against the appellant. for that of the board of canvassers or the chairperson or designee (b) If an appeal is filed from a recount determination in an as to the weight of the evidence on any disputed finding of fact. election which is held in more than one judicial circuit, the chief The court shall set aside the determination if it finds that the de- judge of the judicial administrative district in which the election termination depends on any finding of fact that is not supported is held shall consolidate all appeals relating to that election and by substantial evidence. appoint a circuit judge, who shall be a reserve judge if available, (9) APPEAL TO COURT OF APPEALS. (a) Within 30 days after to hear the appeal. If the election is held in more than one judicial entry of the order of the circuit court, a party aggrieved by the or- administrative district, the chief justice of the supreme court shall der may appeal to the court of appeals. make the appointment. (b) If an appeal is filed in respect to an election which is held (7) COURT PROCEDURES. (a) The court with whom an appeal in more than one court of appeals district, the chief justice of the

supreme court shall consolidate all appeals relating to that elec- larations of candidacy for the office are filed demanding the re- tion and designate one district to hear the appeal, except that if an call of the officeholder. appeal is filed in respect to an election for statewide office or a (b) Except as provided in par. (c), a petition for recall of an of- statewide referendum, the appeal shall be heard by the 4th district ficer shall be signed by electors equal to at least 25 percent of the court of appeals. vote cast for the office of governor at the last election within the (c) The court of appeals shall give precedence to the appeal same district or territory as that of the officeholder being over other matters not accorded similar precedence by law. recalled. (10) STANDARD FORMS AND METHODS. The commission (c) If no statistics are available to calculate the required num- shall prescribe standard forms and procedures for the making of ber of signatures on a petition for recall of an officer, the number recounts under this section. The procedures prescribed by the of signatures shall be determined as follows: commission shall require the boards of canvassers in recounts in- 1. The area of the district in square miles shall be divided by volving more than one board of canvassers to consult with the the area of the municipality in square miles in which it lies. commission staff prior to beginning any recount in order to en- 2. The vote for governor at the last general election in the sure that uniform procedures are used, to the extent practicable, municipality within which the district lies shall be multiplied by in such recounts. 25 percent of the quotient determined under subd. 1. to determine (11) EXCLUSIVE REMEDY. This section constitutes the exclu- the required number of signatures. sive judicial remedy for testing the right to hold an elective office 3. If a district is in more than one municipality, the method as the result of an alleged irregularity, defect or mistake commit- of determination under subds. 1. and 2. shall be used for each part ted during the voting or canvassing process. of the district which constitutes only a fractional part of any area History: 1971 c. 251; 1971 c. 304 s. 29 (2); 1971 c. 336; 1973 c. 313; 1973 c. 334 for which election statistics are kept. ss. 23 to 26, 57; 1975 c. 41, 422; 1977 c. 394 s. 53; 1977 c. 427; 1979 c. 200; 1979 c. 260 ss. 66 to 68, 93; 1979 c. 311, 355; 1983 a. 183; 1983 a. 484 s. 172 (3); 1983 (d) The official or agency with whom declarations of candi- a. 538; 1985 a. 304; 1987 a. 391; 1989 a. 192; 1993 a. 213; 1997 a. 27; 1999 a. 49, dacy are filed for each office shall determine and certify to any 182; 2001 a. 16; 2003 a. 265, 321; 2005 a. 149, 451; 2007 a. 1, 96; 2011 a. 75, 115; 2015 a. 36, 117; 2015 a. 118 ss. 107 to 119, 266 (10); 2015 a. 261; 2017 a. 120, 366. interested person the number of signatures required on a recall Cross-reference: See also s. EL 6.04, Wis. adm. code. petition for that office. A challenge of compliance with procedures for absent voting is within the board (2) PETITION REQUIREMENTS. (a) Every recall petition shall of canvassers’ jurisdiction. Absent connivance, fraud, or undue influence, substan- tial compliance with statutory voting procedures is sufficient. Johnson v. Hayden, have on the face at the top in bold print the words “RECALL PE- 105 Wis. 2d 468, 313 N.W.2d 869 (Ct. App. 1981). TITION”. Other requirements as to preparation and form of the Sub. (8) does not require the party against whom the board of canvassers rules to petition shall be governed by s. 8.40. object to the board’s determination to preserve the issue for judicial review. Clifford v. School District, 143 Wis. 2d 581, 421 N.W.2d 852 (Ct. App. 1988). (b) A recall petition for a city, village, town, town sanitary dis- Post-election eligibility challenges are properly brought under this section. trict, or school district office shall contain a statement of a reason Logerquist v. Board of Canvassers, 150 Wis. 2d 907, 442 N.W.2d 551 (Ct. App. 1989). for the recall which is related to the official responsibilities of the The recount statute does not violate due process or equal protection and does not official for whom removal is sought. deny the electorate the right to have the winning candidate hold office. Discussing (c) A petition requesting the recall of each elected officer the relationship of recount and quo warranto actions. State ex rel. Shroble v. Prusener, 185 Wis. 2d 102, 517 N.W.2d 169 (1994). shall be prepared and filed separately. When the board of canvassers’ actions in a recount reflected proper application of (d) No petition may be offered for filing for the recall of an of- the statutes, the reviewing court’s finding that the board had another option available to it was immaterial. De Broux v. Board of Canvassers, 206 Wis. 2d 321, 557 ficer unless the petitioner first files a registration statement under N.W.2d 423 (Ct. App. 1996), 96-1287. s. 11.0902 with the filing officer with whom the petition is filed. This section is the exclusive remedy for any claimed election fraud or irregularity. The petitioner shall append to the registration a statement indicat- Generally, to successfully challenge an election, the challenger must show the prob- ability of an altered outcome in the absence of the challenged irregularity. Carlson ing his or her intent to circulate a recall petition, the name of the v. Oconto County Board of Canvassers, 2001 WI App 20, 240 Wis. 2d 438, 623 officer for whom recall is sought and, in the case of a petition for N.W.2d 195, 00-1788. the recall of a city, village, town, town sanitary district, or school A party’s failure to timely file an appeal under sub. (6) does not preclude the party from later intervening in another’s appeal. To appeal under sub. (6) requires a party district officer, a statement of a reason for the recall which is re- to be aggrieved. A party advocating a position that prevailed is not aggrieved. Roth lated to the official responsibilities of the official for whom re- v. LaFarge School District Board of Canvassers, 2001 WI App 221, 247 Wis. 2d 708, 634 N.W.2d 882, 01-0160. moval is sought. No petitioner may circulate a petition for the re- The sub. (6) (a) requirement that a vote-recount appeal to the circuit court be call of an officer prior to completing registration. The last date served on the other candidates is fundamental. That a candidate who was not served that a petition for the recall of an officer may be offered for filing knew about the appeal and sought and was permitted to intervene in an appeal of a recount was immaterial to the validity of that appeal. The command that “other can- is 5 p.m. on the 60th day commencing after registration. After didates” be served with the appeal is mandatory rather than directory. Logic v. City the recall petition has been offered for filing, no name may be of South Milwaukee Board of Canvassers, 2004 WI App 219, 277 Wis. 2d 421, 689 added or removed. No signature may be counted unless the date N.W.2d 692, 04-1642. This section and ss. 6.80, 6.88, 7.37, and 7.51, when read together, unambigu- of the signature is within the period provided in this paragraph. ously establish that the lack of elections inspector or municipal clerk initials on a (e) An individual signature on a petition sheet may not be ballot is not by itself a reason for rejecting the ballot, whether in an initial canvass or during a recount. Unendorsed ballots must be counted in the election unless there is counted if: a reason beyond the lack of an endorsement to reject them, such as when the total 1. The signature is not dated. number of ballots exceeds the total number of electors recorded in the poll books. Section 7.51 makes evident that the only reason that a missing endorsement would 2. The signature is dated outside the circulation period. result in a ballot not being counted in the election-day canvass is if it is necessary to 3. The signature is dated after the date of the certification put the unendorsed ballot aside to reconcile the number of ballots with the number of electors who are recorded as having cast ballots in the election. Gonfiantini v. contained on the petition sheet. Rock County Board of Canvassers, 2025 WI App 26, 416 Wis. 2d 118, 20 N.W.3d 4. The residency of the signer of the petition sheet cannot be 773, 24-1233. determined by the address given.