The Request: No Automatic Recounts Here
First things first: Wisconsin does not have automatic recounts, no matter how razor-thin the margin. If a candidate wants a recount, they have to formally request one. An aggrieved candidate can file a petition, but only if they are within a specific margin. For races with more than 4,000 votes, the trailing candidate must be within 1% of the winner's total. For smaller races with 4,000 or fewer votes, the margin must be 40 votes or less. Any voter can also petition for a recount on a referendum question, regardless of the margin. The timeline is tight. For most state and local races, the petition must be filed by 5 p.m. on the third business day after the county canvass is complete. For a presidential race, the window is even smaller: by 5 p.m. on the first business day after the Wisconsin Elections
Commission receives the final results from all counties.
The Cost: Who Foots the Bill?
This is where the margin really matters. A recount is free for the petitioner only if the race is exceptionally close. If the difference is 0.25% or less of the total vote (in races with over 4,000 votes), taxpayers cover the cost. The same goes for smaller races where the margin is 10 votes or fewer. If the margin is larger than 0.25% but still within the 1% needed to request a recount, the petitioning candidate has to pay the estimated cost upfront. These costs can be substantial, sometimes running into millions of dollars, as the estimate covers the expenses for each county to conduct the work. However, there's a catch: if the candidate pays for the recount and it ultimately changes the winner of the election, the government must refund the money.
The Process: A Hands-On Affair
Once a recount is ordered, the process moves to the county level. The recount is conducted by the same county board of canvassers that certified the original results. These boards are bipartisan and are responsible for overseeing the entire retabulation. The process must begin swiftly, typically by 9 a.m. on the day after delivering notice, and must be completed within 13 days of the order. The default method for recounting paper ballots is often to run them through the same tabulation machines again. However, the board of canvassers can decide to conduct a hand recount for some or all of the ballots. A petitioner can also go to court to request a hand recount, but they must provide clear and convincing evidence that it would be more accurate than a machine recount. Throughout the process, representatives for the candidates and political parties are allowed to observe and raise challenges to specific ballots, which the board of canvassers then rules on.
The Result: Finalizing the Count
During the recount, the board of canvassers examines ballots that may have been rejected by machines, assesses provisional ballots, and determines voter intent on ambiguously marked ballots. Each of these decisions is made in a public meeting. Once all ballots in the recount have been tabulated and challenges have been resolved, the county board of canvassers certifies its new results. They then immediately send the updated tally to the Wisconsin Elections Commission (WEC). The WEC, in turn, compiles the results from all counties involved in the recount and certifies a new statewide winner for the office. This final certification becomes the official, legally binding result of the election, concluding a meticulous process designed to build public confidence in the final outcome.
