After the events of January 6 revealed gaps and ambiguities in the process for certifying presidential elections, Congress passed the Electoral Count Reform Act (ECRA) of 2022. This comprehensive bipartisan bill updated the Electoral Count Act of 1887 and was a major victory for voters’ ability to make their voices heard in future presidential elections.
In the years since, advocates and lawmakers at the state level have been working tirelessly to ensure their presidential election procedures conform to the ECRA.
Wisconsin is the latest state to do so through a bipartisan bill signed into law by Gov. Tony Evers in April 2026. The bill makes important changes to Wisconsin’s election laws to ensure compliance with current federal deadlines.
Before the ECRA, states were encouraged to certify their slates of presidential electors by a tentative (or “safe harbor”) deadline to guarantee those electors were counted by Congress. However, this was not a concrete deadline, and there was an understanding that states would still likely have their electors counted by Congress in the event that they submitted their certifications later.
Under the ECRA, this safe harbor deadline has been replaced by a firm date, and states are now required to certify their slate of electors six days before the date specified in federal law on which the electors meet to officially cast their votes: “the first Tuesday after the second Wednesday in December.”
Notably, Wisconsin was the only state to miss the safe harbor deadline during the 2020 presidential election due to ongoing recounts.
Wisconsin’s new law creates a firm deadline by which the state must certify its slate of presidential electors. This deadline is set for six days prior to the meeting of the electors. It sets new requirements for when electors meet, which now mirror federal requirements.
These key changes are subsequently accompanied by the required adjustments to deadlines for municipal and county clerks, as well as for the Wisconsin Elections Commission, to complete their respective canvasses of the votes.
Finally, the new state law establishes a clear timeframe for when recounts must start after receiving the order, shortens the recount appeal deadline, and outlines the process by which the governor would update the certification of election results should a change be necessary based on the results of a recount.
Every voter deserves to have their voice heard and every vote must be counted. Congress crafted the ECRA to uphold these values by preventing bad actors from using weaknesses in the old law to undermine the will of the voters in presidential elections. Now states are taking action to ensure they are prepared for future presidential elections.
Campaign Legal Center played a critical role not only in crafting and advancing the ECRA but also in supporting states as they work to ensure their presidential postelection procedures comply with federal law. Join us.