Recount laws in Wisconsin

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Wisconsin. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Wisconsin.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested within three business days of the county canvass except for presidential election recounts, which must be requested on the first business day following the canvass. The margin required is 40 votes in a race with fewer than 4,000 votes or 1% in a race with more than 4,000 votes. No margin is required to request the recount of a ballot measure. The deadline for completion is within 13 days of the order for the recount.
  • Who pays for a requested recount?
    • Varies. The state pays for recounts where the margin is less than 10 votes if 4,000 or fewer votes are cast. For elections where more than 4,000 votes are cast, the margin is less than or equal to 0.25% of the total vote. If the margin is greater than those covered by the state, the requester pays.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome. In the event that a recount does not change the election outcome, a requester might receive a refund if the amount paid was greater than the actual cost of the recount.
  • Can a partial recount be requested?
    • Yes.

Wisconsin recount procedures

Automatic recount procedures

Wisconsin does not require automatic recounts.

Requested recount procedures

A candidate may request a recount if he or she trails the leading candidate by no more than 40 votes in an election where 4,000 or fewer votes were cast. For elections where more than 4,000 votes were cast, a candidate may request a recount if he or she trails the leading candidate by no more than 1% of the total votes cast for the office. Additionally, any voter who voted on a ballot measure may request a recount of those results regardless of the margin. If the results are within the following close vote margins, the state is responsible for costs:[1]

“ If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 4,000 or fewer votes are cast or not more than 0.25 percent of the total votes cast for the office or on the question if more than 4,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner is not required to pay a fee.[2] ”
—Wisconsin State Legislature

In all other instances, the requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the costs are refunded. A requester may also receive a refund if the amount paid was greater than the actual cost of the recount.[3] The deadline to request a recount is no later than 5:00 p.m. on the third business day following the canvass. In the case of a presidential election recount, the deadline is no later than 5:00 p.m. on the first business day following the canvass. The deadline to complete a requested recount is no more than 13 days after the date the recount was ordered.[4]

For more information about recount procedures in Wisconsin, click here.

Wisconsin voting equipment

See also: Voting methods and equipment by state

Wisconsin uses paper and Direct Recording Electronic (DRE) systems for its elections. The state requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[5][6]

Noteworthy events

Presidential election, 2016

See also: Presidential election in Wisconsin, 2016

Jill Stein (G) requested a full recount of Wisconsin's presidential election on Nov. 25, saying the election was hacked.[7] Prior to the recount, Donald Trump (R) led Hillary Clinton (D) by 27,257 votes. The recount began on Dec. 1 and finished on Dec. 12.[8][9] As a result, Clinton gained 713 votes and Trump gained 844, adding 131 votes to his margin of victory.[9]

Supreme Court election, 2011

See also: Wisconsin judicial elections, 2011

In the 2011 Supreme Court election, Assistant Attorney General JoAnne Kloppenburg challenged sitting Justice David Prosser. The day after the April 5 election, Kloppenburg, who was leading in the count, declared victory. However, a clerical error in Waukesha County resulted in thousands of ballots being left out of the county's initial count. Following the correction of the clerical error, Prosser gained a lead over Kloppenburg. On April 15, 2011, the Government Accountability Board certified Prosser as the winner of the election with a lead of 7,136 votes over Kloppenburg.[10]

On April 20, 2011, Kloppenburg filed a request for a recount. Because Prosser's 0.488 percent margin of victory was below the 0.5 percent threshold required for recounts at the time, Kloppenburg was not required to fund the recount.[11] On May 23, 2011, the Government Accountability Board completed the recount and certified Prosser as the winner.[12] The final count found Prosser leading Kloppenburg by 7,004 votes, a 0.46 percent margin of victory.[13]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 Wisconsin State Legislature, "Chapter 9," accessed October 16, 2020
  2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Wisconsin State Legislature, "9.01(1)(ag)3m," accessed Oct. 19, 2020
  4. ↑ Wisconsin State Legislature, "9.01(1)(ar)3," accessed Oct. 19, 2020
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ The Christian Science Monitor, "Clinton joins Stein's recount effort in Wisconsin, Michigan, and Pennsylvania," Nov. 26, 2016
  8. ↑ Wisconsin Elections Commission website, "Wisconsin Elections Commission Receives $3.5 million Payment from Stein Campaign for Presidential Election Recount," Nov. 28, 2016
  9. ↑ 9.0 9.1 Milwaukee Journal Sentinel, "Recount confirms Trump's victory in Wisconsin," Dec. 12, 2016
  10. ↑ CNN, "Recount possible in Wisconsin Supreme Court election," April 15, 2011
  11. ↑ Politico, "Wis. challenger files for recount," April 20, 2011
  12. ↑ Wisconsin State Journal, "Wisconsin elections board certifies Supreme Court recount win for Prosser," May 23, 2011
  13. ↑ Wisconsin Elections Commission, "2011 Supreme Court Statewide Recount Information," accessed April 2, 2018
  14. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  15. ↑ A court may order a recount under Arizona law.
  16. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  17. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  18. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  19. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  20. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  21. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  22. ↑ No mention in state law.
  23. ↑ No mention in state law.
  24. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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