In December 2022, I blogged about how state legislatures needed to take a look at how their existing election codes fit with the Electoral Count Reform Act. In particular, “States should be working backwards from that deadline to determine if their canvass, audit, recount, and contest procedures are able to take place in this tight window.” I tracked some changes in May 2023 as they were pending in states.

Today, the Wisconsin Senate, by a 31-1 vote, passed a major overhaul of how its canvassing, certification, and recount procedures happen, SB 852. Below the jump are the provisions to show how much tighter the process will be–no more languishing recounts or challenges as the state experienced in 2016 and 2020 (if the bill is ultimately signed into law). It’s greatly encouraging to see bipartisan consensus to expedite election procedures in response to the ECRA, especially in a “swing state” like Wisconsin.

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 the election results to the archivist of the United States no later than six days before the meeting of the state’s presidential electors.

2. Current law requires the governor to deliver six duplicate originals of the certificate described above to one of the state’s presidential electors on or before the first Monday after the second Wednesday in December. The bill changes the deadline for delivering the certificate to the first Tuesday 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. 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 it commences and, for a general election, no later than December 1 following the election. With regard to a presidential election, the bill requires that 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 email or other electronic transmission. 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 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 10 days after the day on which the appeal is filed rather than “as expeditiously as possible,” as provided under current law.

7. 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 the day before the date on which the presidential electors are to convene.

8. 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.