In Wisconsin, there are no automatic recounts, even if election results are are extremely close. “Recount Manual” at 4. Instead, recounts are available by request by certain individuals in certain cases:
Recounts for county and municipal offices and referenda are conducted by the Board of Canvassers that determined the original election results. “Recount Manual” at **8. For state and federal offices and referenda, the County Board of Canvassers for the counties in which the contested votes were cast conduct the recount. “Recount Manual” at 8. The Wisconsin Elections Commission (“WEC”) consults with Municipal and County Boards of Canvassers in recounts and offers staff support. “Recount Manual” at 7. The state courts also play a role: parties to the recount can appeal a recount decision to the Circuit Court and then to the Court of Appeals. Wis. Stat. Ann. §§ 9.01(6), (9).
A losing candidate whose vote total is within 1% of the winner’s vote total (when at least 4,000 votes were cast) or within 40 votes of the winner’s total (when fewer than 4,000 votes were cast) may petition for a recount. Wis. Stat. Ann. § 9.01(1)(a)(5); “Recount Manual” at 4. For referenda, any individual who voted on them may request a recount. Wis. Stat. Ann. § 9.01(a)(1).
A candidate requesting a recount for the office of President must file the petition not earlier than the completion of the canvass and not later than 5 p.m. on the first business day following the day on which the WEC receives the last County Board of Canvassers statement. “Recount Manual” at 1; Wis. Stat. Ann. § 9.01(1)(a). For all other offices and referenda, a candidate or individual must file a petition not earlier than the completion of the canvass and not later than 5 p.m. on the third business day following the last meeting day of the Municipal or County Board of Canvassers or the WEC determining the result for the office or referendum. “Recount Manual” at 1, 3; Wis. Stat. Ann. § 9.01(1)(a).
To request a recount, a losing candidate or individual requesting a recount of a referendum must file a sworn petition with the “filing officer” along with any applicable filing fee. “Recount Manual” at 1. The petition must include a specific request for a recount and must indicate whether the petitioner is an aggrieved candidate or an individual who voted on a referendum. Wis. Stat. Ann. § 9.01(1)(a). The petition must also include a basis for the recount request, which can be general or specific. Wis. Stat. Ann. § 9.01(1)(a). In addition, the petition must indicate which ward or wards are the subject of the recount request. Wis. Stat. Ann. § 9.01(1)(a). If the petition is not filed in the proper form by the filing deadline, the petitioner loses the right to request a recount. “Recount Manual” at 2. A petitioner may amend the petition by filing a motion with the Board of Canvassers conducting the recount. “Recount Manual” at 2.
The petitioner files the recount petition with the “filing officer”, defined as the officer with whom nomination papers are filed for that office. Wis. Stat. Ann. § 9.01(1)(ar)(1); “Recount Manual” at 3. The filing officer for any federal or state office or referendum is the Wisconsin Elections Commission. “Recount Manual” at 3. The filing officer for any county office or referendum is the County Clerk. “Recount Manual” at 3. The filing officer for any municipal office or referendum is the Municipal Clerk (or the Board of Election Commissioners). “Recount Manual” at 3. The filing officer for a school board office or referendum is the School District Clerk. “Recount Manual” at 3.
Upon receipt of a recount petition, the filing officer prepares a public notice stating the time and place of the recount and delivers the notice to the Board of Canvassers and to all candidates whose names were listed on the ballot for the office subject to the recount. “Recount Manual” at 7. The filing officer should also notify the WEC of any recount. “Recount Manual” at 7.
The WEC recommends that the Board of Canvassers in all recounts be composed of the same members who initially canvassed the election results, if possible. “Recount Manual” at 8. The WEC also recommends that the Board of Canvassers use the Election Inspectors who worked the polls on Election Day to serve as tabulators in the recount, if possible. “Recount Manual” at 8.
The Board of Canvassers conducting the recount may decide to either hand count or use voting equipment to tabulate the ballots, or a mix of both. “Recount Manual” at 9. Any voting equipment used should be programmed to read and tally only the results for the office or referendum subject to the recount. “Recount Manual” at 9-10. The Board of Canvassers should make the decision on the tabulation method publicly and provide candidates the opportunity to object. “Recount Manual” at 10.
Before the recount begins, the filing officer ensures that all supplies and materials required for the recount, including the original election materials, have been acquired. “Recount Manual” at 9. If election materials are incomplete, the Board of Canvassers may begin the recount with the materials on hand while the remaining materials are obtained. “Recount Manual” at 9.