SB 852 — Relating to: compliance with the federal Electoral Count Reform Act.

SECTION 2.

7.70 (3) (c) of the statutes is amended to read:

LRB-5392/1 - 2024 Legislature - 3 - JK:cjs SECTION 2 SENATE BILL 852 7.70 (3) (c) The chairperson of the commission or the chairperson's designee shall conclude the state canvass within 10 days no later than one day after its commencement.

SECTION 3.

7.70 (5) (b) of the statutes is amended to read:

7.70(5) (b) For presidential electors, the commission shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state, and transmit the certificate by registered mail the most secure and expeditious method available to the U.S.

administrator of general serviceshivist of the United States.

Before transmitting the certificate, the certificate shall be countersigned by the secretary of state no later than 4 hours after the governor signs the certificate.

The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday Tuesday after the 2nd Wednesday in December.

The governor shall transmit the certificate described under this paragraph no later than 6 days after the commission prepares the certificate, except that in the case of a recount under s.

9.01 the commission shall prepare, and the governor shall transmit, the certificate no later than 36 days following the general election.

SECTION 4.

7.75 (1) of the statutes is amended to read:

7.75 (1) The electors for president and vice president shall meet at the state capitol following the presidential election at 12:00 noon the first Monday after the 2nd Wednesday in December.

If there is a vacancy in the office of an elector due to death, refusal to act, failure to attend or other cause, the electors present shall immediately proceed to fill by ballot, by a plurality of votes, the electoral college - 2024 Legislature - 4 - LRB-5392/1 JK:cjs SENATE BILL 852 SECTION 4 vacancy.

When all electors are present, or the vacancies filled, they shall perform their required duties under the constitution and laws of the United States.

SECTION 5.

9.01 (1) (ar) 3.

of the statutes is amended to read:

9.01 (1) (ar) 3.

Whenever a clerk receives a valid petition and any payment under par.

(ag) 3., the clerk shall thereupon notify the proper board of canvassers.

Whenever the commission receives a valid petition and any payment under par.

(ag) 3., the commission shall promptly by certified mail or other expeditious means immediately, on the same day on which the commission receives the petition and any payment under par.

(ag) 3., order the proper county boards of canvassers to commence the recount.

The commission shall send the order by email or other electronic transmission.

County boards of canvassers shall convene no later than 9 a.m.

on the 3rd 2nd day after receipt of an order and may not adjourn for not more than one day at a time until the recount is completed in the county, except that the to the extent permitted by the commission may permit extension of the time for adjournment.

Returns from a recount ordered by the commission shall be transmitted to the office of the commission as soon as possible, but in no case later than 13 10 days from the date of the order of the commission directing the recount.

The commission chairperson or the chairperson's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that electionThe commission chairperson or the chairperson's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

SECTION 6.

9.01 (6) (a) of the statutes is amended to read:

9.01 (6) (a) Within 5 business2 days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 LRB-5392/1 - 2024 Legislature - 5 - JK:cjs SECTION 6 SENATE BILL 852 business2 days after completion of the recount determination by the commission chairperson or the chairperson's designee whenever a determination is made by the chairperson or designee, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court.

The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the commission chairperson or the chairperson's designee.

The appellant shall also serve notice on the commission if the commission chairperson or the chairperson's designee is responsible for determining the election.

The appellant shall serve the notice by certified mail or in person.

The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

SECTION 7.

9.01 (7) (b) of the statutes is amended to read:

9.01 (7) (b) The appeal shall be heard by a judge without a jury.

Promptly following the filing of an appeal, the court shall hold a scheduling conference for the purpose of adopting procedures that will permit the court to determine the matter as expeditiously as possible later than 2 days after the day on which the appeal is filed.

Within the time ordered by the court, the appellant shall file a complaint enumerating with specificity every alleged irregularity, defect, mistake or fraud committed during the recount.

The appellant shall file a copy of the complaint with each person who is entitled to receive a copy of the order under par.

(a).

Within the time ordered by the court, the other parties to the appeal shall file an answer.

Within the time ordered by the court, the parties to the appeal shall provide the court with any other information ordered by the court.

At the time and place ordered by the - 2024 Legislature - 6 - LRB-5392/1 JK:cjs SENATE BILL 852 SECTION 7 court, the matter shall be summarily heard and determined and costs shall be taxed as in other civil actions.

Those provisions of chs.

801 to 806 which are inconsistent with a prompt and expeditious hearing do not apply to appeals under this section.

SECTION 8.

9.01 (9) (a) of the statutes is amended to read:

9.01 (9) (a) Within 30 days No later than one day after entry of the order of the circuit court, a party aggrieved by the order may appeal to the court of appeals.

SECTION 9.

9.01 (9) (c) of the statutes is amended to read:

9.01 (9) (c) The court of appeals shall give precedence to the appeal over other matters not accorded similar precedence by law make a determination of the issues on appeal as soon as possible, but no later than 2 days after the day on which the appeal is filed.

SECTION 10.0Initial applicability.

(1) ELECTORAL COUNT REFORM ACT.

This act first applies to the 2024 general election.