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
3.002 (intro.) and (1m) of the statutes are consolidated, 4
renumbered 3.002 and amended to read:
53.002 Description of territory.
In this chapter: (1m) Reference, reference 6
to any county or municipality means that county or municipality as its boundaries 7
exist on April 1 of the year of the federal decennial census on which the districting
8plan described under subch. II is based
"Ward" means a ward prescribed by a municipality based upon 12
municipal boundaries in effect on April 1 of the year of the federal decennial census
in 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
Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed 5
and recreated to read:
In this chapter, unless the context requires otherwise:
"Block" has the meaning given in s. 5.02 (1q).
"Commission" means the redistricting advisory commission established 13
under s. 13.49.
"Plan" means a plan for legislative and congressional reapportionment 15
prepared under this subchapter.
"Political subdivision" means a city, town, village, or county within this 17
"Section 2 of the Voting Rights Act" means 42 U.S.C. 1973
"Ward" means a municipal ward in effect on April 1 of the year of the federal 20
decennial census and used in preparing congressional and legislative redistricting 21
plans as required under s. 4.005.
224.002 Political subdivision boundaries.
In this chapter, reference to any 23
political subdivision means that political subdivision as its boundaries exist on April 24
1 of the year of the federal decennial census.
14.003 Legislative districts established.
This state is divided into 33 senate 2
districts, each composed of 3 assembly districts. Each senate district may elect one 3
member of the senate. Each assembly district may elect one representative to the 4
54.004 Preparations for redistricting. (1)
The legislative reference bureau 6
shall acquire appropriate information, review and evaluate available facilities, and 7
develop programs and procedures in preparation for drawing congressional and 8
legislative redistricting plans on the basis of each federal decennial census.
By December 1 of the year of the decennial federal census, the legislative 10
reference bureau shall obtain from the U.S. bureau of the census information 11
regarding geographic and political units in this state for which federal census 12
population data has been gathered and will be tabulated. The legislative reference 13
bureau shall use the information to do all of the following:
(a) Prepare necessary descriptions of geographic and political units for which 15
census data will be reported and which are suitable for use as components of 16
(b) Prepare maps of geographic and political units within the state which may 18
be used to illustrate the locations of district boundaries proposed in plans prepared 19
in accordance with s. 4.007.
As soon as possible after receiving from the U.S. bureau of the census the 21
population data needed for legislative redistricting which the U.S. bureau of the 22
census is required to provide this state under P. L. 94-171
, the legislative reference 23
bureau shall use that data to assign a population figure based upon certified federal 24
census data to each geographic or political unit described under sub. (2) (b). The 25
legislative reference bureau shall prepare and publish an analysis describing the
population of current legislative and congressional districts and the extent to which 2
the districts may violate the standards under s. 4.007. Upon satisfying these 3
requirements, the legislative reference bureau shall begin the preparation of 4
congressional and legislative redistricting plans as required under s. 4.006.
54.005 Use of municipal ward plans.
After receipt of a division ordinance or 6
resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data 7
obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population 8
figure based upon certified federal census data to each ward established in the 9
division ordinance or resolution. The legislative reference bureau shall use each 10
ward to which a population figure is assigned in preparing congressional and 11
legislative redistricting plans as required under s. 4.006.
124.006 Preparation of redistricting plans. (1)
Not later than January 1 of 13
the 2nd year following the decennial federal census, the legislative reference bureau 14
shall deliver to the majority leader of the senate and speaker of the assembly 15
identical bills creating plans of legislative and congressional redistricting, prepared 16
in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to 17
a vote expeditiously, but not less than 7 days after the commission report under s. 18
13.49 (3) (c) 2. is received and made available to the members of the legislature. The 19
vote shall be under a procedure or rule permitting no amendments except those of 20
a purely corrective nature. If the bill is approved by the first house in which it is 21
considered, the bill shall expeditiously be brought to a vote in the 2nd house under 22
a similar procedure or rule.
If neither of the bills delivered by the legislative reference bureau under 24
sub. (1) is approved by both the assembly and the senate, the chief clerk of the house 25
that failed to approve the bill shall immediately transmit to the legislative reference
bureau information which that house may direct regarding reasons why the plan was 2
not approved. The legislative reference bureau shall prepare identical bills 3
embodying a 2nd plan of legislative and congressional redistricting prepared in 4
accordance with s. 4.007, taking into account the reasons transmitted to the 5
legislative reference bureau under this subsection insofar as it is possible to do so 6
within the requirements of s. 4.007. The legislative reference bureau shall deliver 7
the bills to the majority leader of the senate and the speaker of the assembly no later 8
than 21 days after the date of the vote by which the senate or the assembly failed to 9
approve the bill submitted under sub. (1). Any bill delivered by the legislative 10
reference bureau under this subsection shall be expeditiously introduced and 11
brought to a vote not less than 7 days after the date of introduction, in the same 12
manner as prescribed for the bill required under sub. (1).
If neither of the bills delivered by the legislative reference bureau under 14
sub. (2) is approved by both the assembly and the senate, the same procedure as 15
prescribed by sub. (2) shall be followed. If a 3rd plan is required under this 16
subsection, the legislative reference bureau shall deliver the bills to the majority 17
leader of the senate and the speaker of the assembly no later than 21 days after the 18
date of the vote by which the senate or the assembly failed to approve the bill 19
submitted under sub. (2). Any bill delivered by the legislative reference bureau 20
under this subsection shall be expeditiously introduced and brought to a vote not less 21
than 7 days after the date of introduction and shall be subject to amendment in the 22
same manner as other bills.
Notwithstanding subs. (1) to (3):
(a) If certified federal census data which is sufficient to permit preparation of 25
a congressional redistricting plan becomes available at an earlier time than the
population data needed to permit preparation of a legislative redistricting plan in 2
accordance with s. 4.007, the legislative reference bureau shall so inform the 3
majority leader of the senate and the speaker of the assembly. If the majority leader 4
of the senate and the speaker of the assembly jointly direct, the legislative reference 5
bureau shall prepare a separate bill establishing congressional districts and deliver 6
it separately from the bill establishing legislative districts. The legislature shall 7
proceed to consider the congressional redistricting bill in substantially the manner 8
prescribed by subs. (1) to (3).
(b) If the population data for legislative redistricting which the U.S. bureau of 10
the census is required to provide this state under P. L. 94-171
and, if used by the 11
legislative reference bureau, the corresponding topologically integrated geographic 12
encoding and referencing data file for that population data are not available to the 13
legislative reference bureau on or before April 1 of the first year following the 14
decennial federal census, the deadlines set forth in this section shall be extended by 15
a number of days equal to the number of days after April 1 of the first year following 16
the decennial federal census that the population data and the topologically 17
integrated geographic encoding and referencing data file for legislative redistricting 18
194.007 Redistricting standards.
Legislative and congressional districts 20
shall be established on the basis of population requirements imposed under the 21
Wisconsin Constitution and the U.S. Constitution and requirements imposed under 22
Section 2 of the Voting Rights Act.
Senate and assembly districts, respectively, shall satisfy the population 24
standards established in this subsection. The quotient, obtained by dividing the sum 25
of the absolute values of the deviations of all district populations from the applicable
ideal district population by the number of districts established, may not exceed 1 2
percent of the applicable ideal district population, unless necessary to maintain 3
compliance with Section 2 of the Voting Rights Act. For purposes of this subsection, 4
the ideal district population is determined by dividing the number of districts to be 5
established into the population of the state reported in the most recent federal 6
decennial census. No senate district may have a population which exceeds that of 7
any other senate district by more than 10 percent and no assembly district may have 8
a population which exceeds that of any other assembly district by more than 10 9
percent, unless necessary to maintain compliance with Section 2 of the Voting Rights 10
Congressional districts shall each have a population as nearly equal as 12
practicable to the ideal district population, derived as prescribed in sub. (2), while 13
maintaining compliance with Section 2 of the Voting Rights Act. No congressional 14
district may have a population which varies by more than 1 percent from the 15
applicable ideal district population, unless necessary to comply with Section 2 of the 16
Voting Rights Act.
District boundaries shall coincide with ward boundaries and, to the extent 18
consistent with sub. (1), shall coincide with the boundaries of political subdivisions. 19
The number of political subdivisions divided among more than one district shall be 20
as small as possible. When there is a choice among political subdivisions to divide, 21
the more populous political subdivisions shall be divided before the less populous, 22
except that this requirement does not apply to a legislative district boundary drawn 23
along a county boundary which passes through a city with territory in more than one 24
Districts shall be composed of convenient contiguous territory. Areas which 2
meet only at the points of adjoining corners are not contiguous.
(a) In this subsection:
1. "Geographic unit center" means that point within a population data unit 5
approximately equidistant from the northern and southern extremities and also 6
approximately equidistant from the eastern and western extremities of the 7
population data unit. This point shall be determined by visual observation of a map 8
of the population data unit, unless it is otherwise determined within the context of 9
an appropriate coordinate system developed by the federal government or another 10
source that the legislative reference bureau determines is qualified and objective and 11
is obtained for use in this state with prior approval of the joint committee on 12
2. "Population data unit" means a ward, census enumeration district, block, or 14
other unit of territory having clearly identified geographic boundaries and for which 15
a total population figure is included in or can be derived directly from certified 16
federal census data.
3. "X-coordinate" means the relative location of a point along the east–west 18
axis of the state. Unless otherwise measured within the context of an appropriate 19
coordinate system obtained for use as permitted by subd. 1., the x-coordinate shall 20
be measured along a line drawn due east from a due north and south line running 21
through the point which is the western extremity of this state, to the point to be 22
4. "Y-coordinate" means the relative location of a point along the north–south 24
axis of the state. Unless otherwise measured within the context of an appropriate 25
coordinate system obtained for use as permitted by subd. 1., the y-coordinate shall
be measured along a line drawn due south from a due east and west line running 2
through the point which is the northern extremity of this state, to the point to be 3
(b) To the extent consistent with subs. (1) to (3), districts shall be compact in 5
form. Compact districts are those which are square, rectangular, or hexagonal in 6
shape to the extent permitted by natural or political boundaries. When it is 7
necessary to compare the relative compactness of 2 or more districts, or of 2 or more 8
alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used. 9
Should the results of these 2 tests be contradictory, the standard under par. (c) shall 10
be given greater weight than the standard under par. (d).
(c) 1. The compactness of a district is greatest when the length of the district 12
and the width of the district are equal. The measure of a district's compactness is 13
the absolute value of the difference between the length and the width of the district.
2. In measuring the compactness of a district by means of electronic data 15
processing, the difference between the x-coordinates of the easternmost and the 16
westernmost geographic unit centers included in the district shall be compared to the 17
difference between the y-coordinates of the northernmost and southernmost 18
geographic unit centers included in the district.
3. To determine the length and width of a district by manual measurement, the 20
distance from the northernmost point or portion of the boundary of a district to the 21
southernmost point or portion of the boundary of the same district and the distance 22
from the westernmost point or portion of the boundary of the district to the 23
easternmost point or portion of the boundary of the same district shall each be 24
measured. If the northernmost or southernmost portion of the boundary, or each of 25
these points, is a part of the boundary running due east and west, the line used to
make the measurement required by this subdivision shall be drawn either due north 2
and south or as nearly so as the configuration of the district permits. If the 3
easternmost or westernmost portion of the boundary, or each of these points, is a part 4
of the boundary running due north and south, a similar procedure shall be followed. 5
The lines to be measured for the purpose of this subdivision shall each be drawn as 6
required by this subdivision, even if some part of either or both lines lies outside the 7
boundaries of the district which is being tested for compactness.
4. The absolute values computed for individual districts under this paragraph 9
may be cumulated for all districts in a plan in order to compare the overall 10
compactness of 2 or more alternative redistricting plans for the state or for a portion 11
of the state. However, it is not valid to cumulate or compare absolute values 12
computed using the measurements under subd. 2. with those computed using the 13
measurements under subd. 3.
(d) 1. The compactness of a district is greatest when the ratio of the dispersion 15
of population about the population center of the district to the dispersion of 16
population about the geographic center of the district is one to one.
2. The population dispersion about the population center of a district or about 18
the geographic center of a district is computed as the sum of the products of the 19
population of each population data unit included in the district multiplied by the 20
square of the distance from the geographic unit center of that population data unit 21
to the population center or the geographic center of the district, as the case may be. 22
The geographic center of the district is defined by averaging the locations of all 23
geographic unit centers which are included in the district. The population center of 24
the district is defined by computing the population–weighted average of the 25
x-coordinates and y-coordinates of each geographic unit center assigned to the
district, it being assumed for the purpose of this calculation that each population 2
data unit possesses uniform density of population.
3. The ratios computed for individual districts under this paragraph may be 4
averaged for all districts in a plan in order to compare the overall compactness of 2 5
or more alternative redistricting plans for the state or for a portion of the state.
In preparing any redistricting plan, the legislative reference bureau shall 7
be strictly nonpartisan. No district may be drawn for the purpose of favoring a 8
political party, incumbent legislator or member of Congress, or other person or group 9
or, except to the extent required under sub. (1), for the purpose of augmenting or 10
diluting the voting strength of a language or racial minority group. In establishing 11
districts, no use shall be made of any of the following data:
(a) The residence addresses of incumbent legislators or members of Congress.
(b) Political affiliations of registered voters.
(c) Previous election results.
(d) Demographic information except as necessary to meet the requirements of 16
The number of assembly districts in any redistricting plan may not be less 18
than 54 nor more than 100. The number of senate districts in any redistricting plan 19
may not be more than one-third nor less than one-fourth of the number of assembly 20
districts. Each senate district shall contain only whole assembly districts. Except 21
as otherwise provided in this subsection, to the extent possible, each congressional 22
district shall contain only whole senate districts. The other standards specified in 23
this section shall take precedence where a conflict arises between those standards 24
and the requirement of including only whole senate districts within a congressional 25
14.008 Required provisions in redistricting bills.
Each bill delivered under 2
s. 4.006 shall provide all of the following:
That, wherever territory is described in the bill by geographic boundaries, 4
the following conventions are used:
(a) Each bound continues to the intersection with the bound next named, or to 6
the intersection with a straight-line extension of such bound.
(b) If the bound is a street, it follows the center line of the street or the center 8
line of the street extended.
(c) If the bound is a railroad right-of-way, it follows the center line of the 10
(d) If the bound is a river or stream, it follows the center of the main channel 12
of such river or stream.
(e) If the bound follows a municipal boundary, it coincides with such boundary.
That the bill first applies, with respect to regular elections, to offices filled 15
at the next occurring general election after the bill takes effect and, with respect to 16
special or recall elections, to offices filled or contested on or after the date of that 17
184.0085 Challenge based on population inequality; burden of proof.
an action is brought challenging a legislative redistricting plan under this 20
subchapter on the basis of an excessive population variance among senate or 21
assembly districts established in the plan, the legislature has the burden of 22
justifying any variance in excess of 10 percent between the population of a senate or 23
assembly district and the applicable ideal district population. If an action is brought 24
challenging a congressional redistricting plan under this subchapter on the basis of 25
an excessive population variance among congressional districts established in the
plan, the legislature has the burden of justifying any variance in excess of 1 percent 2
between the population of a congressional district and the applicable ideal district 3
(a) Except as provided in par. (c), the division ordinance or resolution 6
shall number all wards in the municipality with unique whole numbers in 7
consecutive order, beginning with the number one, shall designate the polling place 8
for each ward, and shall describe the boundaries of each ward consistent with the 9
conventions set forth in s. 4.003 4.008 (1)
. The ordinance or resolution shall be 10
accompanied by a list of the block numbers used by the U.S. bureau of the census that 11
are wholly or partly contained within each ward, with any block numbers partly 12
contained within a ward identified, and a map of the municipality which illustrates 13
the revised ward boundaries. If the legislature, in an act redistricting legislative 14
districts under article IV, section 3, of the constitution, or in redistricting 15
congressional districts, establishes a district boundary within a municipality that 16
does not coincide with the boundary of a ward established under the ordinance or 17
resolution of the municipality, the municipal governing body shall, no later than 18
April 10 of the 2nd year following the year of the federal decennial census on which 19
the act is based, amend the ordinance or resolution to the extent required to effect 20
the act. The amended ordinance or resolution shall designate the polling place for 21
any ward that is created to effect the legislative act. Nothing in this paragraph shall 22
be construed to compel a county or city to alter or redraw supervisory or aldermanic 23
2513.49 Redistricting advisory commission. (1) Definitions.
In this section:
(a) "Chief election officer" means the chief election officer of the government 2
(b) "Four selecting authorities" means all of the following:
1. The majority leader of the senate.
2. The minority leader of the senate.
3. The speaker of the assembly.