Wisconsin § 7.70 - State canvass.

§ 7.70. State canvass.

7.70(1) (1) Recording and preserving returns. 7.70(1)(a) (a) Upon receipt of the certified statements from the county clerks, the commission shall record the election results by counties and file and carefully preserve the statements. 7.70(1)(b) (b) If any county clerk fails or neglects to forward any statements, the commission chairperson or the chairperson’s designee may require the clerk to do so immediately, and if the statements are not received by the 8th day after a primary, by the 8th day after a presidential election, or by the 11th day after any other election, the commission chairperson or the chairperson’s designee shall immediately notify the county clerk, in writing, that failure to immediately forward the statements constitutes a violation of law that will result in an immediate enforcement action under s. 5.05 (1) (d) . If the commission does not receive the statements within one day after such written notice is delivered to the county clerk, the commission shall immediately initiate an enforcement action under s. 5.05 (1) (d) to obtain the statements in the circuit court for that county or before the circuit judge appointed under s. 9.01 (6) (b) to hear recount appeals in the presidential election. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the commission may return it to the county clerk for correction. The county clerk shall make the necessary corrections and return the statement to the commission no later than 3 days after the county clerk receives the statement from the commission for correction. 7.70(3) (3) Canvassing. 7.70(3)(a) (a) Except for a presidential election, the chairperson of the commission or a designee of the chairperson appointed by the chairperson to canvass a specific election shall publicly canvass the returns and make his or her certifications and determinations on or before the 2nd Tuesday following a spring primary; the 15th day of May following a spring election; the 3rd Wednesday following a partisan primary; the first day of December following a general election; the 2nd Thursday following a special primary; or within 18 days after any special election. 7.70(3)(b) (b) The commission chairperson or the chairperson’s designee shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the commission chairperson or the chairperson’s designee may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the commission. 7.70(3)(c) (c) Except for a presidential election, the chairperson of the commission or the chairperson’s designee shall conclude the state canvass within 10 days after its commencement. 7.70(3)(cm) (cm) For a presidential election, the chairperson of the commission or the chairperson’s designee shall conclude the state canvass and make his or her certifications and determinations no later than 21 days after the date of the presidential election. 7.70(3)(d) (d) When the certified statements and returns are received, the chairperson of the commission or the chairperson’s designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am) ; and for any referenda questions submitted by the legislature. 7.70(3)(e) (e) The chairperson of the commission or the chairperson’s designee shall make a special statement to the commission as soon as possible after the canvass of the general election certifying the name of each political party which receives at least one percent of the vote cast in such election for any statewide office. 7.70(3)(f) (f) The statements shall show the persons’ names receiving votes, and any referenda questions; the whole number of votes given to each; and an individual listing by the districts or counties in which they were given. The names of persons not regularly nominated who received only a comparatively small number of votes may be omitted and their votes designated as scattering votes. 7.70(3)(g) (g) Following each primary election, the chairperson of the commission or the chairperson’s designee shall prepare a statement certifying the results of the primary, which shall indicate the names of the persons who have won nomination to any state or national office. Following each other election, the chairperson of the commission or the chairperson’s designee shall prepare a statement certifying the results of the election and shall attach to the statement a certificate of determination which shall indicate the names of persons who have been elected to any state or national office. The chairperson of the commission or the chairperson’s designee shall likewise prepare a statement and certificate for any statewide referendum. The chairperson of the commission or the chairperson’s designee shall deliver each statement and determination to the commission. 7.70(3)(h) (h) Whenever a referendum question submitted to a vote of the people is approved, the commission shall record it and the secretary of state shall have the record bound in the volume containing the original enrolled laws passed at the next succeeding session of the legislature and have the record published with the laws thereof. Whenever a constitutional amendment or other statewide validating or ratifying referendum question which is approved by the people does not expressly state the date of effectiveness, it shall become effective at the time the chairperson of the commission or the chairperson’s designee certifies that the amendment or referendum question is approved. 7.70(3)(i) (i) The commission chairperson or the chairperson’s designee shall canvass only regular returns made by the county board of canvassers and shall not count or canvass any additional or supplemental returns or statements made by the county board or any other board or person. The commission chairperson or the chairperson’s designee shall not count or canvass any statement or return which has been made by the county board of canvassers at any other time than that provided in s.