State Summary
Wisconsin does not have automatic recounts. Candidates and voters may petition for a recount. A vote margin of less than or equal to 0.25% entitles a petitioner a taxpayer-funded recount while a vote margin greater than 0.25% but less than 1% entitles a candidate to a paid recount. The petitioner must file their petition with the proper no later than the third business day (or first business day for presidential elections) after the last meeting of the board of canvassers. Recounts must be completed no later than 13 days from the date of the order directing the recount. Hand counted paper ballots and paper ballots tabulated on ballot scanners are normally retabulated on a ballot scanner, though boards of canvassers may choose to hand count and recount initiators may petition a court for a recount to be conducted by hand.
Counting Method
Mix of hand count and retabulation
Hand counted paper ballots and paper ballots tabulated on ballot scanners are normally retabulated on a ballot scanner. See Wis. Stat. Ann. § 5.90(1). A board of canvassers may, at their discretion, choose to conduct an entire recount by hand—or only certain wards or districts. Id. Recount initiators may also petition a court for a recount to be conducted by hand, though the law specifies that the petitioner bears the burden of establishing by clear and convincing evidence that recounting by hand will produce a more correct result than hand counting. Wis. Stat. Ann. § 5.90(2). Votes cast on direct-recording electronic (DRE) voting machines are recounted by detaching, and counting by hand, the voter-verified paper audit trail (VVPAT). Wis. Stat. § 5.90(1).
The Election Administration Manual for Wisconsin Municipal Clerks clarifies that, in municipalities using DREs, the board of canvassers performs the recount using the voter VVPAT “cast by each elector, as generated by the equipment.” Wisconsin Election Administration Manual 216 (2024); see also the Wisconsin Elections Commission, Election Recount Procedures 11 (2020).
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Close Vote Margin Options
Less than or equal to 0.25%
Vote count difference (not percentage-based)
Varies by number of votes cast
Initiated by request
“Aggrieved” candidates or voters who vote on a referendum may petition for a recount. Wis. Stat. Ann. § 9.01(1)(a)1; see also § 9.01(1)(a)5. The petition must state they the petitioner believes a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for their office or on the ballot question or that another specified “defect, irregularity, or illegality occurred in the conduct of the election.” Wis. Stat. § 9.01(1)(a)(2)(b).
If the difference between votes cast for the leading candidate and the petitioner (or the difference between the affirmative and negative votes cast on a referendum) is less than 10 when there are 4,000 or fewer votes cast or not more than 0.25% of the total votes cast for when there are more than 4,000 votes cast, the petitioner is entitled to a taxpayer-funded recount. Wis. Stat. Ann. § 9.01(1)(ag).
The petitioner must file their verified petition with the proper clerk no earlier than the completion of the canvass and no later than 5 p.m. on the third business day after the last meeting day of the board of canvassers determining the election for the contest in question. Wis. Stat. Ann. § 9.01(1)(a)1; see also Wis. Stat. Ann. § 9.01(1)(a)1. Boards of canvassers must convene no later than 9 a.m. on the third day after receiving an order and may adjourn for no more than one day at a time until the recount is completed. Wis. Stat. Ann. § 9.01(1)(ar). Recount returns must be sent to the office of the commission as soon as possible, but in no case later than 13 days from the date of the order directing the recount. Id.
For presidential contests, the petitioner must file the petition no later than 5 p.m. on the first business day following the day on which the commission receives the last statement from a county board of canvassers for the election following canvassing of all valid provisional ballots. Wis. Stat. Ann. § 9.01(1)(a)1.
Candidate-Initiated Options
Close vote margin required
Candidate determines how many/which precincts to recount
If a candidate is not entitled to a taxpayer funded recount as defined in the close-vote-margin section, the candidate may petition and pay for a recount if the following close-vote margins are met: For an election in which 4,000 or fewer votes are cast for the office that the candidate seeks, a candidate who trails the leading candidate by no more than 40 votes may petition for a recount. Wis. Stat. Ann. § 9.01(1)(a)5.a. For an election in which more than 4,000 votes are cast for the office that the candidate seeks, a candidate who trails the leading candidate by no more than 1% of the total votes cast for that office may petition for a recount. Wis. Stat. Ann. § 9.01(1)(a)5.b.
The candidate filing a recount petition must specify which wards or municipalities they want included in the recount. Wis. Stat. Ann. § 9.01(1)(a)3. If the recount is not a complete recount, the opposing candidate, or any voter or other interested party, has the right to petition for a recount in any or all of the remaining wards. See Wis. Stat. Ann. § 9.01(4).
The petitioner must file their verified petition with the proper clerk no earlier than the completion of the canvass and no later than 5 p.m. on the third business day after the last meeting day of the board of canvassers determining the election for the contest in question. Wis. Stat. Ann. § 9.01(1)(a)1; see also Wis. Stat. Ann. § 9.01(1)(a)1. Boards of canvassers must convene no later than 9 a.m. on the third day after receiving an order and may adjourn for no more than one day at a time until the recount is completed. Wis. Stat. Ann. § 9.01(1)(ar). Recount returns must be sent to the office of the commission as soon as possible, but in no case later than 13 days from the date of the order directing the recount. Id.
For presidential contests, the petitioner must file the petition no later than 5 p.m. on the first business day following the day on which the commission receives the last statement from a county board of canvassers for the election following canvassing of all valid provisional ballots. Wis. Stat. Ann. § 9.01(1)(a)1.
Voter-Initiated Options
Voters may request recounts for initiatives/questions
Any elector who voted upon any referendum question may petition and pay for recount for that question. Wis. Stat. Ann. § 9.01(1)(a)1. The elector may petition for the recount regardless of the difference between the affirmative and negative votes on the ballot question. Wis. Stat. Ann. § 9.01(1)(a)1.
The petition must state that the elector voted on the referendum question in issue and that they believe a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question or that another specified “defect, irregularity, or illegality occurred in the conduct of the election.” Wis. Stat. Ann. § 9.01(1)(a)2.
The elector filing a recount petition must specify which wards or municipalities they want included in the recount. Wis. Stat. Ann. § 9.01(1)(a)3. If the recount is not a complete recount, any voter or other interested party may petition for a recount in any or all of the remaining wards. See Wis. Stat. Ann. § 9.01(4).
The petitioner must file their verified petition with the proper clerk no earlier than the completion of the canvass and no later than 5 p.m. on the third business day after the last meeting day of the board of canvassers determining the election for the contest in question. Wis. Stat. Ann. § 9.01(1)(a)1; see also Wis. Stat. Ann. § 9.01(1)(a)1. Boards of canvassers must convene no later than 9 a.m. on the third day after receiving an order and may adjourn for no more than one day at a time until the recount is completed. Wis. Stat. Ann. § 9.01(1)(ar). Recount returns must be sent to the office of the commission as soon as possible, but in no case later than 13 days from the date of the order directing the recount. Id.
Cost for Candidate-Initiated Recounts
Paid entirely by initiator
Unless the candidate qualifies for a taxpayer-funded recount, they must pay a fee equal to the actual cost of performing the recount in each ward or municipality for which the petition requests a recount plus the actual cost incurred by the commission to conduct the recount. Wis. Stat. Ann. § 9.01(1)(ag)2.
All fees must be be prepaid in cash or another form of payment acceptable to the officer to whom they are paid. Wis. Stat. Ann. § 9.01(ag)3.
The petitioner must pay any balance due within 45 days after receiving their statement. If the petitioner overpays, they receive a refund within 45 days after the board of canvassers makes its determination in the recount. Wis. Stat. Ann. § 9.01(ag)3m. If, as a result of the recount, the petitioner is the leading candidate, the petitioner receives a refund within 45 days after the board of canvassers makes its determination in the recount. Id.
Cost for Voter-Initiated Recounts
Paid entirely by initiator
Unless the petitioner qualifies for a taxpayer-funded recount, they must pay a fee equal to the actual cost of performing the recount in each ward or municipality for which the petition requests a recount plus the actual cost incurred by the commission to conduct the recount. Wis. Stat. Ann. § 9.01(1)(ag)2.
All fees must be be prepaid in cash or another form of payment acceptable to the officer to whom they are paid. Wis. Stat. Ann. § 9.01(ag)3.
The petitioner must pay any balance due within 45 days after receiving their statement. If the petitioner overpays, they receive a refund within 45 days after the board of canvassers makes its determination in the recount. Wis. Stat. Ann. § 9.01(ag)3m. If, as a result of the recount, the majority of votes cast on the referendum changes from affirmative to negative or from negative to affirmative, the petitioner receives a refund within 45 days after the board of canvassers makes its determination in the recount. Id.
Challengers and Observers
Party/candidate/initiator may appoint challengers; no guidance on observers; recount is public
All steps of the recount must be performed publicly. Wis. Stat. Ann. § 9.01(1)(b)11. All ballots can be viewed and identified by the candidates, the person demanding the recount, and their authorized representatives and counsel; however, only members of the board of canvassers and individuals assisting them may touch any of the ballots. Id. The candidates, the person demanding the recount, and their authorized representatives and counsel may object to the counting of any ballot. Id. All opposing candidates and “interested persons” are also allowed to observe a recount. See Wis. Stat. Ann. § 9.01(3); see also Wisconsin Election Commission, Election Recount Procedures 16 (“Public Health Guidance”).
Rules for Determining Voter Intent
The Wisconsin Elections Commission has issued “Counting Votes Manuals,” which are designed to provide guidance to election officials in determining voter intent. Statutory guidance also provides that, if a voter marks a ballot with particular marks within the square to the right of a candidate’s name, or any place within the space in which the name appears, indicating an intent to vote for that candidate, it is a vote for that candidate. Wis. Stat. Ann. § 7.5(2)(c). Additionally, if a voter writes in a name in the proper space for write-in candidates, it is a vote for the person written in, regardless of whether the voter strikes the names appearing in the same column for that office or makes a mark by the same or any other name for that office, or omits making a mark to the right of the name written in. Wis. Stat. Ann. § 7.5(2)(d).
Resources
Wis. Stat. Ann. § 9.01
Wis. Stat. Ann. § 5.90
Wis. Stat. Ann. § 7.50
Additional Resources
Wisconsin Election Commission, Election Administration Manual for Wisconsin Municipal Clerks (2024)
Wisconsin Election Commission, Election Recount Procedures (2020)