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SB1177: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6621/1
JK:skw
2025 SENATE BILL 1177
March 19, 2026 - Introduced by Senator
Wimberger
, cosponsored by Representative
Krug
. Referred to Committee on Government Operations, Labor and Economic Development.
SB1177,1,6
1
An Act
to repeal
7.51 (2) (e), 7.51 (2) (em) 1., 7.51 (2) (em) 2., 7.52 (4) (e), 7.52
2
(4) (em) 1. and 7.52 (4) (em) 2.;
to renumber
7.08 (6), 7.51 (2) (em) 3. and 7.52
3
(4) (em) 3.;
to amend
6.875 (5), 7.51 (2) (e), 7.52 (4) (e) and 9.01 (1) (b) 4. a.;
to
4
create
7.08 (6) (b), 7.51 (2) (em), 7.52 (4) (em) and 7.58 of the statutes;
5
relating to:
performing risk-limiting audits and eliminating the process for
6
removing excess ballots from the vote count.
Analysis by the Legislative Reference Bureau
Risk-limiting audits
This bill requires each county clerk to perform risk-limiting audits beginning with elections held in 2027. The bill defines a “risk-limiting audit” as an audit protocol that uses statistical methods to limit to acceptable levels the risk of certifying a preliminary election outcome that is an incorrect outcome.
Under the bill, each county clerk must conduct a risk-limiting audit of selected contests for each election by manual inspection of random samples of paper ballots in randomly selected audit units. An “audit unit” is, generally, a ward, election district, reporting unit, batch, scanner feed, or other unit of vote aggregation used by a county to report electronic voting system or voting machine vote totals. The bill defines a “selected contest” as a contested statewide election for a candidate or referendum that garners the most total votes and, if available at the same election, at least one additional contested statewide election for a candidate or referendum that is randomly selected by the Elections Commission at a public meeting held no later than seven days after the election.
Under the bill, the county clerk must complete the risk-limiting audit of each election before completing the county canvass and certifying the election results to the Elections Commission. If a risk-limiting audit of a selected contest results in a full manual tally of ballots that were cast using an electronic voting system, the vote counts according to the full manual tally will replace the reported vote counts using an electronic voting system for the purpose of determining the official results.
Finally, under current law, following each general election the Elections Commission must audit the performance of each voting system used in this state to determine the error rate of the system in counting ballots that are validly cast by voters. The risk-limiting audit under the bill does not replace the performance audit under current law. Under the bill, if a general election contest is selected for a risk-limiting audit, the commission conducts a performance audit and the county clerks conducts a risk-limiting audit.
Removing excess ballots from the vote count
Under current law, for purposes of reconciling the votes cast after an election, if the number of ballots exceeds the total number of voters recorded on the poll list, the inspectors or board of absentee ballot canvassers, as appropriate, place the ballots in a ballot box and one of the inspectors or a member of the board of absentee ballot canvassers publicly and without examination draws from the ballot box the number of ballots equal to the excess number of ballots. The excess ballots drawn from the box are not counted, but are marked on the original canvass as having been removed due to an excess number of ballots. The removed ballots are set aside and preserved.
Under the bill, beginning with the implementation of risk-limiting audits, if the number of ballots exceeds the total number of voters recorded on the poll list, all of the excess ballots are counted. The inspectors or board of absentee ballot canvassers, as appropriate, document the discrepancy in detail, including the number and type of excess ballots. Any documented discrepancy in the number and type of excess ballots are factored into the risk-limiting audit determinations. If the discrepancy exceeds 0.5 percent of the total ballots cast in the audit unit, the Elections Commission must conduct an investigation into the cause of the discrepancy.
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:
SB1177,1
1
Section
1
.
6.875 (5) of the statutes is amended to read:
SB1177,3,12
1
6.875
(5)
Prior to entering upon his or her duties, each individual appointed
2
to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In
3
the oath, the individual shall swear that he or she is qualified to act as a deputy
4
under this section, that he or she has read the statutes governing absentee voting,
5
that he or she understands the proper absentee voting procedure, that he or she
6
understands the penalties for noncompliance with the procedure under s. 12.13,
7
that his or her sacred obligation will be to fully and fairly implement the absentee
8
voting law and seek to have the intent of the electors ascertained. In addition, the
9
oath shall state that the individual realizes that any error in conducting the voting
10
procedure may result in invalidation of an elector’s vote
under s. 7.51 (2) (e)
and
11
that the individual realizes that absentee voting is a privilege and not a
12
constitutional right. The form of the oath shall be prescribed by the commission.
SB1177,2
13
Section
2
.
7.08 (6) of the statutes is renumbered 7.08 (6) (a).
SB1177,3
14
Section
3
.
7.08 (6) (b) of the statutes is created to read:
SB1177,3,18
15
7.08
(6)
(b) The commission shall permit the error‑rate assessment required
16
under par. (a) to be derived from an appropriately designed batch-level comparison,
17
as defined in s. 7.58 (1) (b), that meets the commission’s minimum standards
18
established under s. 7.58 (5) (e).
SB1177,4
19
Section
4
.
7.51 (2) (e) of the statutes is amended to read:
SB1177,4,14
20
7.51
(2)
(e) Except in municipalities where absentee ballots are canvassed
21
under s. 7.52
and except as provided under par. (em)
, if after any ballots have been
22
laid aside, the number of ballots still exceeds the total number of electors recorded
23
on the poll list, the inspectors shall separate the absentee ballots from the other
24
ballots. If there is an excess number of absentee ballots, the inspectors shall place
1
the absentee ballots in the ballot box and one of the inspectors shall publicly and
2
without examination draw therefrom by chance the number of ballots equal to the
3
excess number of absentee ballots. If there is an excess number of nonabsentee
4
ballots, the inspectors shall place those ballots in the ballot box and one of the
5
inspectors shall publicly and without examination draw therefrom by chance the
6
number of ballots equal to the excess number of those ballots. All ballots so
7
removed may not be counted but shall be specially marked as having been removed
8
by the inspectors on original canvass due to an excess number of ballots, set aside
9
and preserved. When the number of ballots and total shown on the poll list agree,
10
the inspectors shall return all ballots to be counted to the ballot box and shall turn
11
the ballot box in such manner as to thoroughly mix the ballots. The inspectors shall
12
then open, count and record the number of votes. When the ballots are counted, the
13
inspectors shall separate them into piles for ballots similarly voted. Objections may
14
be made to placement of ballots in the piles at the time the separation is made.
SB1177,5
15
Section
5
.
7.51 (2) (e) of the statutes, as affected by 2025 Wisconsin Act ....
16
(this act), is repealed.
SB1177,6
17
Section
6
.
7.51 (2) (em) of the statutes is created to read:
SB1177,4,21
18
7.51
(2)
(em) 1. Beginning on January 1, 2026, the process under par. (e) does
19
not apply to selected contests, as defined s. 7.58 (1) (g), subject to risk-limiting
20
audits under s. 7.58 (2), and, instead, the inspectors shall use the process under
21
subd. 3. for those selected contests.
SB1177,4,23
22
2. Beginning on April 1, 2027, the inspectors shall use the process under subd.
23
3. for all elections.
SB1177,5,14
24
3. If after any ballots have been laid aside, the number of ballots still exceeds
1
the total number of electors recorded on the poll list, the inspectors shall document
2
the discrepancy in detail, including the number and type of excess ballots, on the
3
original canvass. The inspectors shall return all ballots to be counted to the ballot
4
box and shall turn the ballot box in such manner as to thoroughly mix the ballots.
5
The inspectors shall then open, count, and record the number of votes. When the
6
ballots are counted, the inspectors shall separate them into piles for ballots
7
similarly voted. Objections may be made to placement of ballots in the piles at the
8
time the separation is made. Any documented discrepancy in the number and type
9
of excess ballots under this paragraph shall be factored into the risk-limiting audit
10
procedures under s. 7.58 (4). If the discrepancy exceeds 0.5 percent of the total
11
ballots cast in the audit unit, as defined under s. 7.58 (1) (a), the commission shall
12
conduct an investigation into the cause of the discrepancy. For purposes of this
13
paragraph, the commission shall develop ballot reconciliation procedures that
14
preserve all legally cast ballots and maintain election integrity.
SB1177,7
15
Section
7
.
7.51 (2) (em) 1. of the statutes, as created by 2025 Wisconsin Act
16
.... (this act), is repealed.
SB1177,8
17
Section
8
.
7.51 (2) (em) 2. of the statutes, as created by 2025 Wisconsin Act
18
.... (this act), is repealed.
SB1177,9
19
Section
9
.
7.51 (2) (em) 3. of the statutes, as created by 2025 Wisconsin Act
20
.... (this act), is renumbered 7.51 (2) (em).
SB1177,10
21
Section
10
.
7.52 (4) (e) of the statutes is amended to read:
SB1177,6,12
22
7.52
(4)
(e)
If
Except as provided in par. (em), if
, after any ballots have been
23
set aside, the number of ballots still exceeds the total number of electors recorded
24
on the poll list, the board of absentee ballot canvassers shall place the absentee
1
ballots in the ballot box and one of the members shall publicly and without
2
examination draw therefrom by chance the number of ballots equal to the excess
3
number of ballots. All ballots so removed shall not be counted but shall be specially
4
marked as having been removed by the board of absentee ballot canvassers on
5
original canvass due to an excess number of ballots, set aside, and preserved. When
6
the number of ballots and total shown on the poll list agree, the board of absentee
7
ballot canvassers shall return all ballots to be counted to the ballot box and shall
8
turn the ballot box in such manner as to thoroughly mix the ballots. The board of
9
absentee ballot canvassers shall then open, count, and record the number of votes.
10
When the ballots are counted, the board of absentee ballot canvassers shall
11
separate them into piles for ballots similarly voted. Objections may be made to
12
placement of ballots in the piles at the time the separation is made.
SB1177,11
13
Section
11
.
7.52 (4) (e) of the statutes, as affected by 2025 Wisconsin Act ....
14
(this act), is repealed.
SB1177,12
15
Section
12
.
7.52 (4) (em) of the statutes is created to read:
SB1177,6,19
16
7.52
(4)
(em) 1. Beginning on January 1, 2026, the process under par. (e) does
17
not apply to selected contests, as defined s. 7.58 (1) (g), subject to risk-limiting
18
audits under 7.58 (2), and, instead, the board of absentee ballot canvassers shall
19
use the process under subd. 3. for those selected contests.
SB1177,6,21
20
2. Beginning on April 1, 2027, the board of absentee ballot canvassers shall
21
use the process under subd. 3. for all elections.
SB1177,7,14
22
3. If after any ballots have been laid aside, the number of ballots still exceeds
23
the total number of electors recorded on the poll list, the board of absentee ballot
24
canvassers shall document the discrepancy in detail, including the number and
1
type of excess ballots, on the original canvass. The board of absentee ballot
2
canvassers shall return all ballots to be counted to the ballot box and shall turn the
3
ballot box in such manner as to thoroughly mix the ballots. The board of absentee
4
ballot canvassers shall then open, count, and record the number of votes. When the
5
ballots are counted, the board of absentee ballot canvassers shall separate them
6
into piles for ballots similarly voted. Objections may be made to placement of
7
ballots in the piles at the time the separation is made. Any documented
8
discrepancy in the number and type of excess ballots under this paragraph shall be
9
factored into the risk-limiting audit procedures under s. 7.58 (4). If the discrepancy
10
exceeds 0.5 percent of the total ballots cast in the audit unit, as defined under s.
11
7.58 (1) (a), the commission shall conduct an investigation into the cause of the
12
discrepancy. For purposes of this paragraph, the commission shall develop ballot
13
reconciliation procedures that preserve all legally cast ballots and maintain election
14
integrity.
SB1177,13
15
Section
13
.
7.52 (4) (em) 1. of the statutes, as created by 2025 Wisconsin Act
16
.... (this act), is repealed.
SB1177,14
17
Section
14
.
7.52 (4) (em) 2. of the statutes, as created by 2025 Wisconsin Act
18
.... (this act), is repealed.
SB1177,15
19
Section
15
.
7.52 (4) (em) 3. of the statutes, as created by 2025 Wisconsin Act
20
.... (this act), is renumbered 7.52 (4) (em).
SB1177,16
21
Section
16
.
7.58 of the statutes is created to read:
SB1177,7,22
22
7.58
Risk-limiting audits.
(1)
Definitions.
In this section:
SB1177,8,2
23
(a) “Audit unit” means a ward, election district, reporting unit, batch, scanner
1
feed, or other unit of vote aggregation used by a county to report electronic voting
2
system or voting machine vote totals.
SB1177,8,4
3
(b) “Batch-level comparison” means a risk-limiting audit for which all of the
4
following apply:
SB1177,8,6
5
1. The reported vote count of each audit unit is compared to a manual vote
6
count of the same audit unit.
SB1177,8,9
7
2. The discrepancies between the reported vote count and manual vote count
8
of each audit unit are used to determine whether the audit should examine
9
additional audit units.
SB1177,8,11
10
3. The audit continues until either the risk limit is met or a full manual vote
11
count of the reported vote count for the election is conducted.
SB1177,8,16
12
(c) “Cast vote record” means a machine-generated and machine-readable
13
record for an individual ballot or ballot position that lists the vote choice for each
14
contest on that ballot or position, together with an audit unit identifier and a ballot
15
identifier or batch and position identifier. A “cast vote record” does not include
16
information that reasonably could be used to identify the elector who cast the ballot.
SB1177,8,19
17
(d) “Incorrect outcome” means an outcome that is inconsistent with the
18
election outcome that would be obtained by conducting a manual count of paper
19
ballots.
SB1177,8,21
20
(e) “Risk limit” means the largest statistical probability that an incorrect
21
outcome is not detected or corrected in a risk-limiting audit.
SB1177,9,3
22
(f) “Risk-limiting audit” means an audit protocol that uses statistical methods
23
to limit to acceptable levels the risk of certifying a preliminary election outcome
24
that is an incorrect outcome. A “risk-limiting audit” includes manual vote counts of
1
paper ballots from one or more audit units and requires persons conducting the
2
audit to ascertain elector intent, as provided under s. 7.50, when examining ballot
3
marks.
SB1177,9,11
4
(g) “Selected contest” means a contested statewide election for a candidate or
5
referendum that garners the most total votes and, if available at the same election,
6
at least one additional contested statewide election for a candidate or referendum
7
that is randomly selected by the commission at a public meeting. “Selected contest”
8
does not include a contested statewide election for which the difference between the
9
votes cast for the leading candidate and those cast for the candidate trailing the
10
leading candidate or the difference between the affirmative and negative votes cast
11
upon any referendum question is not more than 0.25 percent of the total votes cast.
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