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2015 - 2016 LEGISLATURE
SENATE AMENDMENT 25,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators Vinehout, Erpenbach, Risser, Bewley, Lassa,
Carpenter, Wirch, Hansen, Ringhand, Miller, Shilling, C. Larson and
Harris Dodd.
SB21-SSA1-SA25,1,11 At the locations indicated, amend the substitute amendment as follows:
SB21-SSA1-SA25,1,2 21. At the appropriate places, insert all of the following:
SB21-SSA1-SA25,1,4 3" Section 1. 3.002 (intro.) and (1m) of the statutes are consolidated,
4renumbered 3.002 and amended to read:
SB21-SSA1-SA25,1,8 53.002 Description of territory. In this chapter: (1m) Reference, reference
6to any county or municipality means that county or municipality as its boundaries
7exist on April 1 of the year of the federal decennial census on which the districting
8plan described under subch. II is based
.
SB21-SSA1-SA25,2 9Section 2. 3.002 (2) of the statutes is repealed.
SB21-SSA1-SA25,3 10Section 3. 3.004 (2) of the statutes is amended to read:
SB21-SSA1-SA25,2,311 3.004 (2) "Ward" means a ward prescribed by a municipality based upon
12municipal boundaries in effect on April 1 of the year of the federal decennial census

1in accordance with the most recent revision of municipal wards under s. 5.15 upon
2which the districting plan described under subch. II is based
and used in preparing
3congressional and legislative redistricting plans as required under s. 4.005
.
SB21-SSA1-SA25,4 4Section 4. Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed
5and recreated to read:
SB21-SSA1-SA25,2,66 CHAPTER 4
SB21-SSA1-SA25,2,77 subchapter i
SB21-SSA1-SA25,2,98 general provisions
9and redistricting
SB21-SSA1-SA25,2,10 104.001 Definitions. In this chapter, unless the context requires otherwise:
SB21-SSA1-SA25,2,11 11(1) "Block" has the meaning given in s. 5.02 (1q).
SB21-SSA1-SA25,2,13 12(2) "Commission" means the redistricting advisory commission established
13under s. 13.49.
SB21-SSA1-SA25,2,15 14(3) "Plan" means a plan for legislative and congressional reapportionment
15prepared under this subchapter.
SB21-SSA1-SA25,2,17 16(4) "Political subdivision" means a city, town, village, or county within this
17state.
SB21-SSA1-SA25,2,18 18(5) "Section 2 of the Voting Rights Act" means 42 U.S.C. 1973.
SB21-SSA1-SA25,2,21 19(6) "Ward" means a municipal ward in effect on April 1 of the year of the federal
20decennial census and used in preparing congressional and legislative redistricting
21plans as required under s. 4.005.
SB21-SSA1-SA25,2,24 224.002 Political subdivision boundaries. In this chapter, reference to any
23political subdivision means that political subdivision as its boundaries exist on April
241 of the year of the federal decennial census.
SB21-SSA1-SA25,3,4
14.003 Legislative districts established. This state is divided into 33 senate
2districts, each composed of 3 assembly districts. Each senate district may elect one
3member of the senate. Each assembly district may elect one representative to the
4assembly.
SB21-SSA1-SA25,3,8 54.004 Preparations for redistricting. (1) The legislative reference bureau
6shall acquire appropriate information, review and evaluate available facilities, and
7develop programs and procedures in preparation for drawing congressional and
8legislative redistricting plans on the basis of each federal decennial census.
SB21-SSA1-SA25,3,13 9(2) By December 1 of the year of the decennial federal census, the legislative
10reference bureau shall obtain from the U.S. bureau of the census information
11regarding geographic and political units in this state for which federal census
12population data has been gathered and will be tabulated. The legislative reference
13bureau shall use the information to do all of the following:
SB21-SSA1-SA25,3,1614 (a) Prepare necessary descriptions of geographic and political units for which
15census data will be reported and which are suitable for use as components of
16legislative districts.
SB21-SSA1-SA25,3,1917 (b) Prepare maps of geographic and political units within the state which may
18be used to illustrate the locations of district boundaries proposed in plans prepared
19in accordance with s. 4.007.
SB21-SSA1-SA25,4,4 20(3) As soon as possible after receiving from the U.S. bureau of the census the
21population data needed for legislative redistricting which the U.S. bureau of the
22census is required to provide this state under P. L. 94-171, the legislative reference
23bureau shall use that data to assign a population figure based upon certified federal
24census data to each geographic or political unit described under sub. (2) (b). The
25legislative reference bureau shall prepare and publish an analysis describing the

1population of current legislative and congressional districts and the extent to which
2the districts may violate the standards under s. 4.007. Upon satisfying these
3requirements, the legislative reference bureau shall begin the preparation of
4congressional and legislative redistricting plans as required under s. 4.006.
SB21-SSA1-SA25,4,11 54.005 Use of municipal ward plans. After receipt of a division ordinance or
6resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data
7obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population
8figure based upon certified federal census data to each ward established in the
9division ordinance or resolution. The legislative reference bureau shall use each
10ward to which a population figure is assigned in preparing congressional and
11legislative redistricting plans as required under s. 4.006.
SB21-SSA1-SA25,4,22 124.006 Preparation of redistricting plans. (1) Not later than January 1 of
13the 2nd year following the decennial federal census, the legislative reference bureau
14shall deliver to the majority leader of the senate and speaker of the assembly
15identical bills creating plans of legislative and congressional redistricting, prepared
16in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to
17a vote expeditiously, but not less than 7 days after the commission report under s.
1813.49 (3) (c) 2. is received and made available to the members of the legislature. The
19vote shall be under a procedure or rule permitting no amendments except those of
20a purely corrective nature. If the bill is approved by the first house in which it is
21considered, the bill shall expeditiously be brought to a vote in the 2nd house under
22a similar procedure or rule.
SB21-SSA1-SA25,5,12 23(2) If neither of the bills delivered by the legislative reference bureau under
24sub. (1) is approved by both the assembly and the senate, the chief clerk of the house
25that failed to approve the bill shall immediately transmit to the legislative reference

1bureau information which that house may direct regarding reasons why the plan was
2not approved. The legislative reference bureau shall prepare identical bills
3embodying a 2nd plan of legislative and congressional redistricting prepared in
4accordance with s. 4.007, taking into account the reasons transmitted to the
5legislative reference bureau under this subsection insofar as it is possible to do so
6within the requirements of s. 4.007. The legislative reference bureau shall deliver
7the bills to the majority leader of the senate and the speaker of the assembly no later
8than 21 days after the date of the vote by which the senate or the assembly failed to
9approve the bill submitted under sub. (1). Any bill delivered by the legislative
10reference bureau under this subsection shall be expeditiously introduced and
11brought to a vote not less than 7 days after the date of introduction, in the same
12manner as prescribed for the bill required under sub. (1).
SB21-SSA1-SA25,5,22 13(3) If neither of the bills delivered by the legislative reference bureau under
14sub. (2) is approved by both the assembly and the senate, the same procedure as
15prescribed by sub. (2) shall be followed. If a 3rd plan is required under this
16subsection, the legislative reference bureau shall deliver the bills to the majority
17leader of the senate and the speaker of the assembly no later than 21 days after the
18date of the vote by which the senate or the assembly failed to approve the bill
19submitted under sub. (2). Any bill delivered by the legislative reference bureau
20under this subsection shall be expeditiously introduced and brought to a vote not less
21than 7 days after the date of introduction and shall be subject to amendment in the
22same manner as other bills.
SB21-SSA1-SA25,5,23 23(4) Notwithstanding subs. (1) to (3):
SB21-SSA1-SA25,6,824 (a) If certified federal census data which is sufficient to permit preparation of
25a congressional redistricting plan becomes available at an earlier time than the

1population data needed to permit preparation of a legislative redistricting plan in
2accordance with s. 4.007, the legislative reference bureau shall so inform the
3majority leader of the senate and the speaker of the assembly. If the majority leader
4of the senate and the speaker of the assembly jointly direct, the legislative reference
5bureau shall prepare a separate bill establishing congressional districts and deliver
6it separately from the bill establishing legislative districts. The legislature shall
7proceed to consider the congressional redistricting bill in substantially the manner
8prescribed by subs. (1) to (3).
SB21-SSA1-SA25,6,189 (b) If the population data for legislative redistricting which the U.S. bureau of
10the census is required to provide this state under P. L. 94-171 and, if used by the
11legislative reference bureau, the corresponding topologically integrated geographic
12encoding and referencing data file for that population data are not available to the
13legislative reference bureau on or before April 1 of the first year following the
14decennial federal census, the deadlines set forth in this section shall be extended by
15a number of days equal to the number of days after April 1 of the first year following
16the decennial federal census that the population data and the topologically
17integrated geographic encoding and referencing data file for legislative redistricting
18become available.
SB21-SSA1-SA25,6,22 194.007 Redistricting standards. (1) Legislative and congressional districts
20shall be established on the basis of population requirements imposed under the
21Wisconsin Constitution and the U.S. Constitution and requirements imposed under
22Section 2 of the Voting Rights Act.
SB21-SSA1-SA25,7,10 23(2) Senate and assembly districts, respectively, shall satisfy the population
24standards established in this subsection. The quotient, obtained by dividing the sum
25of the absolute values of the deviations of all district populations from the applicable

1ideal district population by the number of districts established, may not exceed 1
2percent of the applicable ideal district population, unless necessary to maintain
3compliance with Section 2 of the Voting Rights Act. For purposes of this subsection,
4the ideal district population is determined by dividing the number of districts to be
5established into the population of the state reported in the most recent federal
6decennial census. No senate district may have a population which exceeds that of
7any other senate district by more than 10 percent and no assembly district may have
8a population which exceeds that of any other assembly district by more than 10
9percent, unless necessary to maintain compliance with Section 2 of the Voting Rights
10Act.
SB21-SSA1-SA25,7,16 11(3) Congressional districts shall each have a population as nearly equal as
12practicable to the ideal district population, derived as prescribed in sub. (2), while
13maintaining compliance with Section 2 of the Voting Rights Act. No congressional
14district may have a population which varies by more than 1 percent from the
15applicable ideal district population, unless necessary to comply with Section 2 of the
16Voting Rights Act.
SB21-SSA1-SA25,7,24 17(4) District boundaries shall coincide with ward boundaries and, to the extent
18consistent with sub. (1), shall coincide with the boundaries of political subdivisions.
19The number of political subdivisions divided among more than one district shall be
20as small as possible. When there is a choice among political subdivisions to divide,
21the more populous political subdivisions shall be divided before the less populous,
22except that this requirement does not apply to a legislative district boundary drawn
23along a county boundary which passes through a city with territory in more than one
24county.
SB21-SSA1-SA25,8,2
1(5) Districts shall be composed of convenient contiguous territory. Areas which
2meet only at the points of adjoining corners are not contiguous.
SB21-SSA1-SA25,8,3 3(6) (a) In this subsection:
SB21-SSA1-SA25,8,124 1. "Geographic unit center" means that point within a population data unit
5approximately equidistant from the northern and southern extremities and also
6approximately equidistant from the eastern and western extremities of the
7population data unit. This point shall be determined by visual observation of a map
8of the population data unit, unless it is otherwise determined within the context of
9an appropriate coordinate system developed by the federal government or another
10source that the legislative reference bureau determines is qualified and objective and
11is obtained for use in this state with prior approval of the joint committee on
12legislative organization.
SB21-SSA1-SA25,8,1613 2. "Population data unit" means a ward, census enumeration district, block, or
14other unit of territory having clearly identified geographic boundaries and for which
15a total population figure is included in or can be derived directly from certified
16federal census data.
SB21-SSA1-SA25,8,2217 3. "X-coordinate" means the relative location of a point along the east–west
18axis of the state. Unless otherwise measured within the context of an appropriate
19coordinate system obtained for use as permitted by subd. 1., the x-coordinate shall
20be measured along a line drawn due east from a due north and south line running
21through the point which is the western extremity of this state, to the point to be
22located.
SB21-SSA1-SA25,9,323 4. "Y-coordinate" means the relative location of a point along the north–south
24axis of the state. Unless otherwise measured within the context of an appropriate
25coordinate system obtained for use as permitted by subd. 1., the y-coordinate shall

1be measured along a line drawn due south from a due east and west line running
2through the point which is the northern extremity of this state, to the point to be
3located.
SB21-SSA1-SA25,9,104 (b) To the extent consistent with subs. (1) to (3), districts shall be compact in
5form. Compact districts are those which are square, rectangular, or hexagonal in
6shape to the extent permitted by natural or political boundaries. When it is
7necessary to compare the relative compactness of 2 or more districts, or of 2 or more
8alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used.
9Should the results of these 2 tests be contradictory, the standard under par. (c) shall
10be given greater weight than the standard under par. (d).
SB21-SSA1-SA25,9,1311 (c) 1. The compactness of a district is greatest when the length of the district
12and the width of the district are equal. The measure of a district's compactness is
13the absolute value of the difference between the length and the width of the district.
SB21-SSA1-SA25,9,1814 2. In measuring the compactness of a district by means of electronic data
15processing, the difference between the x-coordinates of the easternmost and the
16westernmost geographic unit centers included in the district shall be compared to the
17difference between the y-coordinates of the northernmost and southernmost
18geographic unit centers included in the district.
SB21-SSA1-SA25,9,2519 3. To determine the length and width of a district by manual measurement, the
20distance from the northernmost point or portion of the boundary of a district to the
21southernmost point or portion of the boundary of the same district and the distance
22from the westernmost point or portion of the boundary of the district to the
23easternmost point or portion of the boundary of the same district shall each be
24measured. If the northernmost or southernmost portion of the boundary, or each of
25these points, is a part of the boundary running due east and west, the line used to

1make the measurement required by this subdivision shall be drawn either due north
2and south or as nearly so as the configuration of the district permits. If the
3easternmost or westernmost portion of the boundary, or each of these points, is a part
4of the boundary running due north and south, a similar procedure shall be followed.
5The lines to be measured for the purpose of this subdivision shall each be drawn as
6required by this subdivision, even if some part of either or both lines lies outside the
7boundaries of the district which is being tested for compactness.
SB21-SSA1-SA25,10,138 4. The absolute values computed for individual districts under this paragraph
9may be cumulated for all districts in a plan in order to compare the overall
10compactness of 2 or more alternative redistricting plans for the state or for a portion
11of the state. However, it is not valid to cumulate or compare absolute values
12computed using the measurements under subd. 2. with those computed using the
13measurements under subd. 3.
SB21-SSA1-SA25,10,1614 (d) 1. The compactness of a district is greatest when the ratio of the dispersion
15of population about the population center of the district to the dispersion of
16population about the geographic center of the district is one to one.
SB21-SSA1-SA25,11,217 2. The population dispersion about the population center of a district or about
18the geographic center of a district is computed as the sum of the products of the
19population of each population data unit included in the district multiplied by the
20square of the distance from the geographic unit center of that population data unit
21to the population center or the geographic center of the district, as the case may be.
22The geographic center of the district is defined by averaging the locations of all
23geographic unit centers which are included in the district. The population center of
24the district is defined by computing the population–weighted average of the
25x-coordinates and y-coordinates of each geographic unit center assigned to the

1district, it being assumed for the purpose of this calculation that each population
2data unit possesses uniform density of population.
SB21-SSA1-SA25,11,53 3. The ratios computed for individual districts under this paragraph may be
4averaged for all districts in a plan in order to compare the overall compactness of 2
5or more alternative redistricting plans for the state or for a portion of the state.
SB21-SSA1-SA25,11,11 6(7) In preparing any redistricting plan, the legislative reference bureau shall
7be strictly nonpartisan. No district may be drawn for the purpose of favoring a
8political party, incumbent legislator or member of Congress, or other person or group
9or, except to the extent required under sub. (1), for the purpose of augmenting or
10diluting the voting strength of a language or racial minority group. In establishing
11districts, no use shall be made of any of the following data:
SB21-SSA1-SA25,11,1212 (a) The residence addresses of incumbent legislators or members of Congress.
SB21-SSA1-SA25,11,1313 (b) Political affiliations of registered voters.
SB21-SSA1-SA25,11,1414 (c) Previous election results.
SB21-SSA1-SA25,11,1615 (d) Demographic information except as necessary to meet the requirements of
16sub. (1).
SB21-SSA1-SA25,11,25 17(8) The number of assembly districts in any redistricting plan may not be less
18than 54 nor more than 100. The number of senate districts in any redistricting plan
19may not be more than one-third nor less than one-fourth of the number of assembly
20districts. Each senate district shall contain only whole assembly districts. Except
21as otherwise provided in this subsection, to the extent possible, each congressional
22district shall contain only whole senate districts. The other standards specified in
23this section shall take precedence where a conflict arises between those standards
24and the requirement of including only whole senate districts within a congressional
25district.
SB21-SSA1-SA25,12,2
14.008 Required provisions in redistricting bills. Each bill delivered under
2s. 4.006 shall provide all of the following:
SB21-SSA1-SA25,12,4 3(1) That, wherever territory is described in the bill by geographic boundaries,
4the following conventions are used:
SB21-SSA1-SA25,12,65 (a) Each bound continues to the intersection with the bound next named, or to
6the intersection with a straight-line extension of such bound.
SB21-SSA1-SA25,12,87 (b) If the bound is a street, it follows the center line of the street or the center
8line of the street extended.
SB21-SSA1-SA25,12,109 (c) If the bound is a railroad right-of-way, it follows the center line of the
10railroad right-of-way.
SB21-SSA1-SA25,12,1211 (d) If the bound is a river or stream, it follows the center of the main channel
12of such river or stream.
SB21-SSA1-SA25,12,1313 (e) If the bound follows a municipal boundary, it coincides with such boundary.
SB21-SSA1-SA25,12,17 14(2) That the bill first applies, with respect to regular elections, to offices filled
15at the next occurring general election after the bill takes effect and, with respect to
16special or recall elections, to offices filled or contested on or after the date of that
17general election.
SB21-SSA1-SA25,13,3 184.0085 Challenge based on population inequality; burden of proof. If
19an action is brought challenging a legislative redistricting plan under this
20subchapter on the basis of an excessive population variance among senate or
21assembly districts established in the plan, the legislature has the burden of
22justifying any variance in excess of 10 percent between the population of a senate or
23assembly district and the applicable ideal district population. If an action is brought
24challenging a congressional redistricting plan under this subchapter on the basis of
25an excessive population variance among congressional districts established in the

1plan, the legislature has the burden of justifying any variance in excess of 1 percent
2between the population of a congressional district and the applicable ideal district
3population.
SB21-SSA1-SA25,5 4Section 5. 5.15 (4) (a) of the statutes is amended to read:
SB21-SSA1-SA25,13,235 5.15 (4) (a) Except as provided in par. (c), the division ordinance or resolution
6shall number all wards in the municipality with unique whole numbers in
7consecutive order, beginning with the number one, shall designate the polling place
8for each ward, and shall describe the boundaries of each ward consistent with the
9conventions set forth in s. 4.003 4.008 (1). The ordinance or resolution shall be
10accompanied by a list of the block numbers used by the U.S. bureau of the census that
11are wholly or partly contained within each ward, with any block numbers partly
12contained within a ward identified, and a map of the municipality which illustrates
13the revised ward boundaries. If the legislature, in an act redistricting legislative
14districts under article IV, section 3, of the constitution, or in redistricting
15congressional districts, establishes a district boundary within a municipality that
16does not coincide with the boundary of a ward established under the ordinance or
17resolution of the municipality, the municipal governing body shall, no later than
18April 10 of the 2nd year following the year of the federal decennial census on which
19the act is based, amend the ordinance or resolution to the extent required to effect
20the act. The amended ordinance or resolution shall designate the polling place for
21any ward that is created to effect the legislative act. Nothing in this paragraph shall
22be construed to compel a county or city to alter or redraw supervisory or aldermanic
23districts.
SB21-SSA1-SA25,6 24Section 6. 13.49 of the statutes is created to read:
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