compliance with the federal Electoral Count Reform Act

Wisconsin Legislature: AB374: Bill Text

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AB374: Bill Text

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2025 - 2026 LEGISLATURE
LRB-1365/1
MPG&JK:emw&wlj
2025 ASSEMBLY BILL 374
July 17, 2025 - Introduced by Representatives
Krug
,
Maxey
,
Kreibich
,
Moses
,
Dittrich
,
Green
,
Behnke
,
Murphy
,
Roe
,
Mursau
and
Snodgrass
, cosponsored by Senators
Feyen
and
Quinn
. Referred to Committee on Campaigns and Elections.
AB374,1,8
1
An Act

to renumber
9.01 (4) and 9.01 (7) (a);
to renumber and amend
7.70
2
(5) (b);
to amend
7.51 (5) (b), 7.53 (1) (a), 7.53 (2) (d), 7.60 (3), 7.60 (5) (a), 7.70
3
(1) (b), 7.70 (3) (a), 7.70 (3) (c), 7.70 (3) (i), 7.70 (5) (title), 7.70 (5) (a), 7.75 (1),
4
9.01 (1) (ar) 3., 9.01 (6) (a), 9.01 (6) (b), 9.01 (7) (b) and 9.01 (9) (a);
to create

5
5.05 (19), 7.70 (3) (cm), 7.70 (5) (b) 2., 7.70 (5) (b) 3., 9.01 (1) (ar) 4., 9.01 (4) (b),
6
9.01 (6) (am), 9.01 (7) (a) 2., 9.01 (9) (am), 9.01 (9) (cm) and 9.01 (9m) of the
7
statutes;
relating to:
compliance with the federal Electoral Count Reform
8
Act.
Analysis by the Legislative Reference Bureau
Under the federal Electoral Count Reform Act, states should ensure that their canvass, recount, and precertification procedures are completed within a 36-day period from the date of a presidential election to the date on which a state certifies its presidential election results. This bill makes changes to Wisconsin election laws in order to comply with deadlines established by the ECRA for selecting presidential electors and transmitting election results to Congress, including all of the following:
1. Current law does not include a state deadline for certification of a presidential election. The bill requires the governor to transmit a certificate of ascertainment of appointment of presidential electors to the archivist of the United States no later than six days before the meeting of the state’s presidential electors and in the manner prescribed by the ECRA.
2. The bill further requires the governor to deliver six duplicate originals of the certificate of ascertainment to one of the state’s presidential electors no later than the first Tuesday after the second Wednesday in December. Under current law, that deadline is the first Monday after the second Wednesday in December.
3. 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. Consistent with the ECRA, the bill requires the electors to meet on the first Tuesday after the second Wednesday in December.
4. Current law requires the Elections Commission chairperson to complete the state canvass of election results within 10 days from the day on which the canvass commences and, for a general election, no later than December 1 following the election. With regard to a presidential election, the bill requires the commission chairperson to complete the state canvass no later than 16 days after the election.
5. 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. With regard to a presidential election, the bill requires that the order be sent immediately, on the same day on which the commission receives the petition, and by secure electronic means. In addition, the board of canvassers must commence a recount no later than 9 a.m. on the second day after receiving an order and may not adjourn until the recount is complete in the county, except to the extent permitted by the commission.
6. Under current law, a candidate may petition for a full or partial recount of the votes cast in an election. If a candidate petitions for a partial recount, current law provides that opposing candidates may file a petition for an additional partial or full recount of the remaining wards or municipalities no later than 5 p.m. two days after the initial partial recount is completed. Under the bill, with regard to a petition for a partial recount in a presidential election, opposing candidates must file their petition for an additional partial or full recount no later than 5 p.m. on the day after the original petition was filed, and the proper board of canvassers must reconvene the next business day.
7. 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. With regard to a presidential election, the bill shortens that deadline to one business day. The bill also requires the court to make a determination on the appeal no later than 7 days after the day on which the appeal is filed rather than “as expeditiously as possible,” as provided under current law.
8. With regard to a recount, 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. Under the bill, with regard to a presidential election recount, a candidate who wishes to appeal a circuit court order must file his or her appeal with the Wisconsin Supreme Court. The bill requires a candidate to file his or her appeal no later than the day after the circuit court issues its order. The bill also requires the supreme court to resolve such appeals as soon as possible and directs the governor to update the certificate of the election results pursuant to an order of the supreme court, if the court issues the order no later than 4 p.m. on the day before the date on which the presidential electors are to convene. The bill also establishes expedited procedures for a recount in a presidential election that is not complete by the sixth day before the date on which the presidential electors are to convene.
9. Finally, the bill adjusts municipal and county canvassing deadlines with regard to a presidential election in order to conform with the other changes made by the bill and establishes procedures for the commission to follow should municipal and county canvassing deadlines fail to be met.
Additionally, the bill requires the Elections Commission to publish on its website a table setting forth each day or deadline on or by which an act or event is required by law to occur in a presidential election, including with respect to recounts and recount appeals.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB374,1
1
Section

1
.
5.05 (19) of the statutes is created to read:
AB374,2,5
2
5.05
(19)

Deadlines concerning presidential elections.
The commission
3
shall publish on its website a table setting forth each day or deadline on or by which
4
an act or event is required by law to occur in a presidential election, including with
5
respect to recounts and recount appeals.
AB374,2
6
Section
2
.
7.51 (5) (b) of the statutes is amended to read:
AB374,3,16
7
7.51
(5)
(b) The municipal clerk shall deliver all ballots, statements, tally
8
sheets, lists, and envelopes relating to a school district election to the school district
9
clerk, excluding any provisional ballots, by 4 p.m. on the day following each such
1
election and shall deliver to the school district clerk any amended statements, tally
2
sheets, and lists for additional provisional ballots canvassed under s. 6.97 (4) no
3
later than 4 p.m. on the Monday after the election. The municipal clerk shall
4
deliver to the county clerk the ballots, statements, tally sheets, lists, and envelopes
5
for his or her municipality relating to any county, technical college district, state, or
6
national election no later than 4 p.m. on the day following each such election or, in
7
municipalities where absentee ballots are canvassed under s. 7.52, by 4 p.m. on the
8
2nd day following each such election, and shall deliver to the county clerk any
9
additional provisional ballots canvassed under s. 6.97 (4) together with amended
10
statements, tally sheets, lists, and envelopes no later than 4 p.m. on the Monday
11
after the election
or, notwithstanding s. 990.001 (4) (c), for a presidential election,
12
no later than 9 a.m. on the Saturday after the election. The county clerk shall
13
maintain office hours on that Saturday as necessary to receive such filings in a
14
presidential election
. The person delivering the returns shall be paid out of the
15
municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or
16
envelopes received by the clerk until destruction is authorized under s. 7.23 (1).
AB374,3
17
Section
3
.
7.53 (1) (a) of the statutes is amended to read:
AB374,5,3
18
7.53
(1)
(a) Where the municipality constitutes one ward or combines all
19
wards to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes
20
cast at the polling place shall be conducted publicly under s. 7.51 and the
21
inspectors, other than any inspector appointed under s. 7.30 (1) (b), shall act as the
22
municipal board of canvassers. The inspectors shall then complete the return
23
statement for all votes cast at the polling place. If there are no provisional ballots
1
that are eligible to be counted under s. 6.97 and no absentee ballots are being
2
canvassed under s. 7.52, the inspectors may complete and sign the canvass
3
statement and determination on election night. In municipalities where absentee
4
ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is
5
completed under s. 7.52, the board of absentee ballot canvassers shall reconcile the
6
poll list of the electors who vote by absentee ballot with the corresponding poll list of
7
the electors who vote in person to ensure that no elector is allowed to cast more than
8
one ballot. If an elector who votes in person has submitted an absentee ballot, the
9
absentee ballot is void. Except as authorized in par. (b), if one or more electors of
10
the municipality have cast provisional ballots that are eligible to be counted under
11
s. 6.97, the inspectors, acting as the board of canvassers, shall reconvene no later
12
than 9 a.m. on the Monday after the election
, or no later than 4 p.m. on the Friday
13
after a presidential election,
to count the valid provisional ballots and shall adjust
14
the returns accordingly. The inspectors, acting as the board of canvassers, need not
15
reconvene if the municipal clerk certifies that he or she has received no provisional
16
ballots from the time that the board of canvassers completed the initial canvass and
17
4 p.m. on the Friday after the election. Upon completion of the canvass under this
18
paragraph and any canvass that is conducted under s. 7.52 and ascertainment of
19
the results by the inspectors or, in municipalities where absentee ballots are
20
canvassed under s. 7.52, by the inspectors and the board of absentee ballot
21
canvassers, the municipal clerk shall publicly read to the inspectors or the board of
22
absentee ballot canvassers the names of the persons voted for and the number of
23
votes for each person for each municipal office, the names of the persons declared by
1
the inspectors or board of absentee ballot canvassers to have won nomination or
2
election to each municipal office, and the number of votes cast for and against each
3
municipal referendum question.
AB374,4
4
Section
4
.
7.53 (2) (d) of the statutes is amended to read:
AB374,6,4
5
7.53
(2)
(d) In municipalities with one polling place, the canvass shall be
6
conducted under sub. (1) publicly on election night. In other municipalities, the
7
municipal board of canvassers shall publicly canvass the returns of every election.
8
The canvass shall begin no earlier than the time that the municipal board of
9
canvassers receives the returns from all polling places in the municipality on
10
election night and no later than 9 a.m. on the Monday after the election
, except that,
11
for a presidential election, the canvass shall begin no later than 5 p.m. on the Friday
12
after the election
. After any canvass of the absentee ballots is completed under s.
13
7.52, the board of canvassers shall reconcile the poll list of the electors who vote by
14
absentee ballot with the corresponding poll list of the electors who vote in person to
15
ensure that no elector is allowed to cast more than one ballot. If an elector who
16
votes in person has submitted an absentee ballot, the absentee ballot is void. At the
17
spring election, the board of canvassers shall publicly declare the results on or
18
before the 3rd Tuesday in April. The board of canvassers shall prepare a statement
19
showing the results of each election for any municipal office and each municipal
20
referendum. After each primary for municipal offices, the board of canvassers shall
21
prepare a statement certifying the names of those persons who have won
22
nomination to office. After each other election for a municipal office and each
23
municipal referendum, the board of canvassers shall prepare a determination
1
showing the names of the persons who are elected to each municipal office and the
2
results of each municipal referendum. The board of canvassers shall file each
3
statement and determination in the office of the municipal clerk or board of election
4
commissioners.
AB374,5
5
Section
5
.
7.60 (3) of the statutes is amended to read:
AB374,7,3
6
7.60
(3)

Canvassing.
Not later than 9 a.m. on the Tuesday after each election
7
the county board of canvassers shall open and publicly examine the returns
, except
8
that, for a presidential election, the board of canvassers shall open and publicly
9
examine the returns not later than noon on the Saturday after the election
. If
10
returns have not been received from any election district or ward in the county,
they
11
shall dispatch a messenger and the person having them shall deliver the returns to
12
the messenger

the district attorney of the county shall immediately initiate an
13
enforcement action under s. 5.07 to obtain the returns in the circuit court for that
14
county or before the circuit judge appointed under s. 9.01 (6) (b) to hear recount
15
appeals in the presidential election
. If, on examination, any of the returns received
16
are so informal or defective that the board cannot intelligently canvass them, they
17
shall dispatch a messenger to deliver the returns back to the municipal board of
18
canvassers with written specifications of the informalities or defects and command
19
them to immediately complete the returns or remedy the defects in the manner
20
required and deliver them to the messenger. Every messenger shall safely keep all
21
returns, show them to no one but the municipal clerk and board of canvassers and
22
deliver them to the county clerk with all possible dispatch. To acquire the necessary
23
full returns and remedy any informalities or defects the county board of canvassers
1
may adjourn not longer than one day at a time nor more than 2 days in all
, except
2
that, for a presidential election, the board of canvassers may adjourn only to the
3
extent permitted by the commission
.
AB374,6
4
Section
6
.
7.60 (5) (a) of the statutes is amended to read:
AB374,8,2
5
7.60
(5)
(a) Immediately following the canvass, the county clerk shall deliver
6
or transmit to the elections commission a certified copy of each statement of the
7
county board of canvassers for president and vice president, state officials, senators
8
and representatives in congress, state legislators, justice, court of appeals judge,
9
circuit judge, district attorney, and metropolitan sewerage commissioners, if the
10
commissioners are elected under s. 200.09 (11) (am). The statement shall record
11
the returns for each office or referendum by ward, unless combined returns are
12
authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
13
for each group of combined wards. Following primaries the county clerk shall
14
enclose on forms prescribed by the elections commission the names, party or
15
principle designation, if any, and number of votes received by each candidate
16
recorded in the same manner. The county clerk shall deliver or transmit the
17
certified statement to the elections commission no later than 9 days after each
18
primary except the partisan primary, no later than 10 days after the partisan
19
primary and any other election except the general election, and no later than 14
20
days after the general election
except a presidential election. The county clerk shall
21
deliver or transmit the certified statement to the elections commission no later than
22
6 days after a presidential election
. The board of canvassers shall deliver or
1
transmit a certified copy of each statement for any technical college district
2
referendum to the secretary of the technical college district board.
AB374,7
3
Section
7
.
7.70 (1) (b) of the statutes is amended to read:
AB374,8,21
4
7.70
(1)
(b) If any county clerk fails or neglects to forward any statements, the
5
commission
chairperson or the chairperson’s designee
may require the clerk to do so
6
immediately
,
and if
the statements are
not received by the 8th day after a primary,
7
by the 7th day after a presidential election,
or by the 11th day after any other
8
election, the commission
may dispatch a special messenger to obtain them

9
chairperson or the chairperson’s designee shall immediately notify the county clerk,
10
in writing, that failure to immediately forward the statements constitutes a
11
violation of law that will result in an immediate enforcement action under s. 5.05
12
(1) (d). If the commission does not receive the statements within one day after such
13
written notice is delivered to the county clerk, the commission shall immediately
14
initiate an enforcement action under s. 5.05 (1) (d) to obtain the statements in the
15
circuit court for that county or before the circuit judge appointed under s. 9.01 (6)
16
(b) to hear recount appeals in the presidential election
. Whenever it appears upon
17
the face of any statement that an error has been made in reporting or computing,
18
the commission may return it to the county clerk for correction.
The county clerk
19
shall make the necessary corrections and return the statement to the commission
20
no later than 3 days after the county clerk receives the statement from the
21
commission for correction.
AB374,8
22
Section
8
.
7.70 (3) (a) of the statutes is amended to read:
AB374,9,7
23
7.70
(3)
(a)
The

Except for a presidential election, the
chairperson of the
1
commission or a designee of the chairperson appointed by the chairperson to
2
canvass a specific election shall publicly canvass the returns and make his or her
3
certifications and determinations on or before the 2nd Tuesday following a spring
4
primary
,
;
the 15th day of May following a spring election
,
;
the 3rd Wednesday
5
following a partisan primary
,
;
the first day of December following a general
6
election
,
;
the 2nd Thursday following a special primary
,
;
or within 18 days after any
7
special election.
AB374,9
8
Section
9
.
7.70 (3) (c) of the statutes is amended to read:
AB374,9,11
9
7.70
(3)
(c)
The

Except for a presidential election, the
chairperson of the
10
commission or the chairperson’s designee shall conclude the state canvass within
11
10 days after its commencement.
AB374,10
12
Section
10
.
7.70 (3) (cm) of the statutes is created to read:
AB374,9,16
13
7.70
(3)
(cm) For a presidential election, the chairperson of the commission or
14
the chairperson’s designee shall conclude the state canvass and make his or her
15
certifications and determinations no later than 16 days after the date of the
16
presidential election.
AB374,11
17
Section

11
.
7.70 (3) (i) of the statutes is amended to read:
AB374,9,24
18
7.70
(3)
(i) The commission chairperson or the chairperson’s designee shall
19
canvass only regular returns made by the county board of canvassers and shall not
20
count or canvass any additional or supplemental returns or statements made by the
21
county board or any other board or person. The commission chairperson or the
22
chairperson’s designee shall not count or canvass any statement or return which
23
has been made by the county board of canvassers at any other time than that
24
provided in s. 7.60.
If, by the 16th day after the date of the election in a presidential
1
election, a county board of canvassers fails to certify a statement or return under s.
2
7.60 (4) or a county clerk fails to deliver or transmit a statement or return to the
3
commission under s. 7.60 (5) (a), the commission chairperson or the chairperson’s
4
designee shall canvass the unofficial returns for the county on the basis of all the
5
returns canvassed by all municipalities in that county under s. 7.53.
This provision
6
does not apply to any return made subsequent to a recount under s. 9.01, when the
7
return is accepted in lieu of any prior return from the same county for the same
8
office; or to a statement given to the commission chairperson or chairperson’s
9
designee or a messenger sent by the chairperson or designee to obtain a correction.
AB374,12
10
Section

12
.
7.70 (5) (title) of the statutes is amended to read:
AB374,10,12
11
7.70
(5)
(title)
Certificates of election
; certificates of ascertainment
12
of appointment of electors
.
AB374,13
13
Section

13
.
7.70 (5) (a) of the statutes is amended to read:
AB374,11,9
14
7.70
(5)
(a) The commission shall record in its office each certified statement
15
and determination made by the commission chairperson or the chairperson’s
16
designee. Immediately after the expiration of the time allowed to file a petition for
17
recount, the commission shall make and transmit to each person declared elected a
18
certificate of election under the seal of the commission, except that the commission
19
need not wait until expiration of the time allowed to file a petition for recount if
20
there is no aggrieved party, as defined in s. 9.01 (1) (a) 5. It shall also prepare
21
similar certificates, attested by the commission administrator, addressed to the
22
U.S. house of representatives, stating the names of those persons elected as
23
representatives to the congress from this state. In the case of U.S. senators, the
24
commission shall prepare a certificate of election for the governor’s signature, and
1
the governor shall sign and affix the great seal of the state and transmit the
2
certificate to the president of the U.S. senate. The certificate shall be
3
countersigned by the secretary of state. If a person elected was elected to fill a
4
vacancy, the certificate shall so indicate. When a valid petition for recount is filed,
5
the commission chairperson or the chairperson’s designee may not certify a
6
nomination, and the governor or commission may not issue a certificate of election
7
until the recount has been completed and the time allowed for filing an appeal has
8
passed, or if appealed until the appeal is decided.
This paragraph does not apply to
9
presidential elections.
AB374,14
10
Section

14
.
7.70 (5) (b) of the statutes is renumbered 7.70 (5) (b) 1. and
11
amended to read:
AB374,12,7
12
7.70
(5)
(b) 1. For
a
presidential
electors

election
, the
commission shall record
13
each certified statement and determination made by the commission chairperson or
14
the chairperson’s designee. The
commission shall prepare
a

the
certificate
of
15
ascertainment of appointment of presidential electors required under
3 USC 5

16
showing the determination of the results of the canvass and the names of the
17
persons elected, and the governor shall
sign, affix the great seal of the state, and
18
transmit

issue the certificate by signing, affixing the great seal of the state, and
19
transmitting
the certificate
as soon as possible, but no later than the 6th day before
20
the date on which the presidential electors are to convene under s. 7.75 (1),
by
21
registered mail

the most expeditious method available, as determined by the
22
governor,
to the
U.S. administrator of general services

archivist of the United
23
States. The certificate shall contain at least one security feature, as determined by
24
the governor, for the purpose of verifying the authenticity of the certificate. The
1
secure components of any security feature used to verify the authenticity of a
2
certificate are confidential and not subject to disclosure under s. 19.35. The
3
governor shall issue and transmit the certificate no later than 2 days after the
4
commission prepares the certificate, except as provided under subd. 2
. The
5
governor shall also prepare 6 duplicate originals of such certificate and deliver
6
them to one of the presidential electors on or before the first
Monday

Tuesday
after
7
the 2nd Wednesday in December.
AB374,15
8
Section

15
.
7.70 (5) (b) 2. of the statutes is created to read:
AB374,13,5
9
7.70
(5)
(b) 2. The fact that a recount petition has been filed, or that a recount
10
or recount appeal is pending, has no effect on the governor’s duty to issue a
11
certificate of ascertainment of appointment of electors not later than the 6th day
12
before the date on which the presidential electors are to convene under s. 7.75 (1), as
13
required under subd. 1. and
3 USC 5
(a) (1), and has no effect on the commission
14
chairperson’s or the chairperson’s designee’s duty to make a determination in the
15
presidential election and prepare a certificate of ascertainment of appointment of
16
electors for the governor’s signature. However, if a valid recount petition is filed
17
under s. 9.01 (1), the governor may not issue the certificate required under subd. 1.
18
until the completion and certification of the recount or until 3 p.m. on the 6th day
19
before the date on which the presidential electors are to convene under s. 7.75 (1),
20
whichever occurs first. If the recount is completed and certified before 3 p.m. on the
21
6th day before the date on which the presidential electors are to convene under s.
22
7.75 (1), and all recount appeals have been waived or exhausted, the certificate
23
issued by the governor shall reflect the certified result of that recount or, if
24
applicable, recount appeal. If a recount is not completed and certified before 3 p.m.
1
on the 6th day before the date on which the presidential electors are to convene
2
under s. 7.75 (1), the governor shall issue the certificate subject to s. 9.01 (9m). If a
3
recount appeal is ongoing at the time at which the governor must issue the
4
certificate under this subdivision, a superseding certificate may be issued only in
5
accordance with s. 9.01 (9) (cm).
AB374,16
6
Section

16
.
7.70 (5) (b) 3. of the statutes is created to read:
AB374,13,14
7
7.70
(5)
(b) 3. A superseding certificate of ascertainment of appointment of
8
electors issued by the governor under s. 9.01 (9) (cm) or (9m) or pursuant to a state
9
or federal court order supersedes any prior certificate of ascertainment of
10
appointment of electors issued under subd. 1., shall be transmitted consistent with
11
the requirements under subd. 1. for the certificate of ascertainment of appointment
12
of electors, and is conclusive with respect to the determination of this state’s
13
presidential electors for purposes of the meeting of presidential electors under s.
14
7.75.
AB374,17
15
Section
17
.
7.75 (1) of the statutes is amended to read:
AB374,13,23
16
7.75
(1)
The electors for president and vice president shall meet at the state
17
capitol following the presidential election at 12:00 noon the first
Monday

Tuesday

18
after the 2nd Wednesday in December
to cast and transmit their electoral votes
19
pursuant to
3 USC 7
to
11
. If there is a vacancy in the office of an elector due to
20
death, refusal to act, failure to attend or other cause, the electors present shall
21
immediately proceed to fill by ballot, by a plurality of votes, the electoral college
22
vacancy. When all electors are present, or the vacancies filled, they shall perform
23
their required duties under the constitution and laws of the United States.
AB374,18
24
Section
18
.
9.01 (1) (ar) 3. of the statutes is amended to read:

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