The Resolution of Election Disputes: Legal Principles that Control Election Challenges 689 N.W.2d 692 277 Wis.2d 421, 689 N.W.2d 692, 2004 WI App 219 (Cite as: 277 Wis.2d 421, 689 N.W.2d 692) Page 1 30k426 Most Cited Cases Briefs and Other Related Documents Court of Appeals of Wisconsin. James LOGIC, Plaintiff-Appellant, [FN†] FN† Petition for Review Dismissed. v. CITY OF SOUTH MILWAUKEE BOARD OF CANVASSERS, Defendant-Respondent, David Kieck, Intervenor-Respondent. No. 04-1642. Submitted on Briefs Oct. 6, 2004. Opinion Filed Oct. 19, 2004. Background: Unsuccessful candidate for mayor brought action contesting recount of city board of canvassers. The Circuit Court, Milwaukee County, Jeffrey A. Kremers, J., dismissed action, for failure to serve notice of appeal on successful candidate. Unsuccessful candidate appealed. Holdings: The Court of Appeals, Fine, J., held that: (1) failure to serve appeal on successful candidate was fundamental defect that deprived circuit court of jurisdiction to hear vote-recount appeal; (2) "will of the electorate" rule did not apply; and (3) service of appeal from recount on city clerk was not effective as to successful candidate. Affirmed. West Headnotes [1] Appeal and Error 30k426 Most Cited Cases 426 [1] Process 48 313k48 Most Cited Cases Failure to follow statutory requirements in commencing an action, serving a party, or taking an appeal deprives the court from which relief is sought of jurisdiction over the action, party, or appeal if the defect of process is "fundamental" rather than merely "technical." [2] Appeal and Error 320 426 [2] Process 153 313k153 Most Cited Cases A defect in commencing an action, serving a party, or taking an appeal is "fundamental" if it defeats the purpose of the underlying rule. [3] Elections 305(4) 144k305(4) Most Cited Cases Failure of unsuccessful mayoral candidate to serve appeal from recount of city board of canvassers on successful candidate, as was required by statute, was "fundamental" defect that deprived circuit court of jurisdiction to hear vote-recount appeal, even if success candidate knew about appeal, and sought and was permitted by circuit court to intervene in appeal of recount. W.S.A. 9.01(6)(a). [4] Elections 305(4) 144k305(4) Most Cited Cases Failure to comply with requirement in statute governing appeals from a recount determination by the board of canvassers that a vote-recount appeal to the circuit court had to be served "on the other candidates" defeats purpose of statute and is thus "fundamental." W.S.A. 9.01(6)(a). [5] Elections 305(4) 144k305(4) Most Cited Cases Fundamental purpose of statute governing appeals from a recount determination by the board of canvassers was to guarantee that "other candidates" had notice of a recount-appeal filed by a candidate, which was a neutral requirement to which the will-of-the-electorate rule did not apply; no vote's validity was affected directly by application of statute's service requirement. 9.01(6)(a). [6] Elections 227(1) 144k227(1) Most Cited Cases The "will of the electorate" rule is designed to ensure that an elector's vote will be counted even though there has been noncompliance with the election law as long as the defect is de minimis. [7] Elections 227(1) 144k227(1) Most Cited Cases © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.