Wisconsinedri-v0

EDRIElection Dispute Resolution Index

How robust are mechanisms to resolve election disputes?

Disputes59.1%7/11 · 10 datapoints · 3 dimensionsCompare across jurisdictions →

Dimensions

Contest30.0%
2/5 · 4 datapoints
Recount100.0%
4/4 · 4 datapoints
Timing50.0%
1/2 · 2 datapoints

Contest

30.0% · 2/5
DatapointScoreRationale & evidenceSource
CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute?0.5/150.0%

§ 9.10 codifies recall standing ('The qualified electors of the state, of any county, city, village, or town... may petition'). § 9.01(1)(a) codifies recount standing more narrowly — 'Any candidate voted for at any election who is an aggrieved party' or 'any elector who voted upon any referendum question' (in EDRI/RECT cands). The two together enumerate contest standing across recall/recount procedures.

§ view source
2026-05-18
CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute?1/1100.0%

Wis. Stat. § 7.54 codifies contest venue: 'In all contested election cases, the contesting parties have the right to have the ballots opened and to have all errors of the inspectors... corrected by the board of canvassers or court deciding the case.' Court of original jurisdiction codified as the circuit court (per § 9.01(6) referenced).

§ view source
2026-05-18
CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute?0/10.0%

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 9.10 codifies recall-petition deadlines. The election-contest filing deadlines (§ 9.01(1) recount petitions = 3 business days after results) live inside § 9.01 which is also FTS-surfaced — but the precise deadline isn't the focus of the candidate surfaced here.

§ view source
2026-05-18
CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute?0/20.0%

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Only § 9.10 (Recall) was FTS-surfaced — recall doesn't have a substantive evidentiary standard for results contests. The Wisconsin contest standard-of-proof lives in case law + § 9.01 procedural rules.

§ view source
2026-05-18

Recount

100.0% · 4/4
DatapointScoreRationale & evidenceSource
RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive?1/1100.0%

Wis. Stat. § 9.01 codifies the recount procedure in extensive detail (one of the most-detailed in any state): petition rights, fees, who counts, evidence rules, hand-count vs. machine-count choice, observer access. § 5.90 governs electronic-system recounts. § 7.53 codifies municipal canvass. Comprehensive statutory recount procedure.

§ view source
2026-05-18
RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)?1/1100.0%

Wis. Stat. § 9.01(1)(ag) codifies recount-fee triggers based on margin: when 'difference between the votes cast for the leading candidate and those cast for the petitioner' falls within a defined band, fees waived. Margin-threshold trigger is statutorily enumerated.

§ view source
2026-05-18
RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)?1/1100.0%

Wis. Stat. § 9.01(1)(ag) codifies recount cost allocation: '(1) If the difference between the votes cast for the leading candidate and those cast for the petitioner... [is small], no fees [required].' Outside that margin, the petitioner pays per-ballot fees. § 9.01(1)(ad) requires advance estimate by the receiving clerk.

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2026-05-18
RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute?1/1100.0%

Wis. Stat. § 9.01 codifies that recount findings amend the canvass — the board of canvassers' protocols are amended per the recount, with court appeal available under § 9.01(6)–(11). Recount findings are binding on the certified result.

§ view source
2026-05-18

Timing

50.0% · 1/2
DatapointScoreRationale & evidenceSource
TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion?1/1100.0%

Wis. Stat. § 7.60 codifies the county-canvass deadline. § 7.70 codifies the state-canvass procedure with statutory deadlines. § 7.08 codifies commission supervision. Together: certification timeline is statutory across precinct → municipal → county → state levels.

§ view source
2026-05-18
TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending?0/10.0%

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Only § 9.10 (Recall) surfaced — not a pre-certification stay mechanism. Wisconsin's stay-of-certification during recount lives implicitly in § 9.01(11) (appeal procedure) — not directly codified as a stay.

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2026-05-18

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