Overview

The Wisconsin Circuit Courts are the state’s trial courts with original jurisdiction in civil and criminal matters. “Circuit Courts.” **Circuit Court judges are elected by the qualified electors in each circuit for a six-year term. Wis. Const. Art. VII, § 7. The Circuit Courts hear petitions requesting hand recounts of ballots. Wis. Stat. Ann. § 5.90(2). The Circuit Court may, based on the petition, order a hand recount or a recount by another method if it determines one is required. Wis. Stat. Ann. § 5.90(3). The Circuit Court also hears appeals of recount determinations made by the relevant Boards of Canvassers. Wis. Stat. Ann. §§ 9.01(6)–(8). In addition, the Circuit Court hears challenges to administrative rules issued by the Wisconsin Elections Commission. Wis. Stat. Ann. § 227.40.

The Court of Appeals is the state’s intermediate appellate court and is composed of four districts. “Court of Appeals.” **The Court of Appeals hears appeals of decisions made by the Circuit Court regarding recounts. Wis. Stat. Ann. § 9.01(9). The Fourth District Court of Appeals, in particular, hears appeals regarding statewide election contests. Wis. Stat. Ann. § 9.01(9)(b).

Election-Related Duties

The key duties of the Circuit Courts are:

1. Hearing and determining petitions for hand recounts. Wis. Stat. Ann. § 5.90(2).
2. Hearing appeals of recounts made by Boards of Canvassers. Wis. Stat. Ann. §§ 9.01(6)–(8).
3. Hearing challenges to administrative rules issued by the Wisconsin Elections Commission. Wis. Stat. Ann. § 227.40.

The key duties of the Courts of Appeals are:

1. Hearing appeals from the Circuit Courts regarding recounts. Wis. Stat. Ann. § 9.01(9).

Selection and Vacancy Information

• **Elected: ****Both Circuit Court judges and District Court of Appeals judges are elected in nonpartisan elections. Wis. Const. Art. VII, §§ 5, 7. An election for a judge of either court cannot occur at the partisan general election or within 30 days of such an election. Wis. Const. Art. VII, § 9.
• Tiebreaking: In the event of a tie, the winner is chosen by lot in the presence of the Board of Canvassers responsible for determining the outcome of the election. Wis. Stat. Ann. § 5.01(4)(a). The candidates may draw for themselves, or the Board of Canvassers will appoint a person to draw. Wis. Stat. Ann. §§ 5.01(4)(c), (d).
• Term of Office: Both Circuit Court judges and District Court of Appeals judges serve six-year terms. Wis. Const. Art. VII, §§ 5, 7.
• Qualifications: Both Circuit Court judges and District Court of Appeals judges must reside in the circuit or district, respectively, from which they are elected. Wis. Const. Art. VII, §§ 5, 7. To be eligible to be elected for any judgeship, a person must be an attorney licensed to practice in Wisconsin and must have held that license for at least five years immediately preceding the election. Wis. Const. Art. VII, § 24. A person must also be under the age of 70. Wis. Const. Art. VII, § 24.
• Vacancy: In the case of a vacancy, the Governor makes an appointment to continue until a successor is elected. Wis. Const. Art. VII, § 9; Wis. Stat. Ann. § 17.19(2).