2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 897
February 20, 2020 - Offered by Representatives Vining, Stubbs, L. Myers,
Anderson, Billings, Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle,
Fields, Goyke, Haywood, Hebl, Hesselbein, Hintz, Kolste, McGuire, B.
Meyers, Milroy, Neubauer, Ohnstad, Pope, Riemer, Sargent, Shankland,
Sinicki, Spreitzer, Stuck, Subeck, C. Taylor, Vruwink and Zamarripa.
3.002 (intro.) and (1m) of the statutes are consolidated, 6
renumbered 3.002 and amended to read:
73.002 Description of territory.
In this chapter: (1m) Reference, reference 8
to any county or municipality means that county or municipality as its boundaries 9
exist on April 1 of the year of the federal decennial census on which the districting
10plan described under subch. II is based
3.002 (2) of the statutes is repealed.
3.004 (2) of the statutes is amended to read:
“Ward" means a ward prescribed by a municipality based upon 2
municipal boundaries in effect on April 1 of the year of the federal decennial census 3
in accordance with the most recent revision of municipal wards under s. 5.15 upon
4which the districting plan described under subch. II is based
and used in preparing
5congressional and legislative redistricting plans as required under s. 4.005
Subchapter I of chapter 4 [precedes 4.001] of the statutes is 7
repealed and recreated to read: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 15
under s. 13.49.
“Plan" means a plan for legislative and congressional reapportionment 17
prepared under this subchapter.
“Political subdivision" means a city, town, village, or county within this 19
“Section 2 of the Voting Rights Act" means 52 USC 10301
“Ward" means a municipal ward in effect on April 1 of the year of the federal 22
decennial census and used in preparing congressional and legislative redistricting 23
plans as required under s. 4.005.
14.002 Political subdivision boundaries.
In this chapter, reference to any 2
political subdivision means that political subdivision as its boundaries exist on April 3
1 of the year of the federal decennial census.
44.003 Legislative districts established.
This state is divided into 33 senate 5
districts, each composed of 3 assembly districts. Each senate district may elect one 6
member of the senate. Each assembly district may elect one representative to the 7
84.004 Preparations for redistricting. (1)
The legislative reference bureau 9
shall acquire appropriate information, review and evaluate available facilities, and 10
develop programs and procedures in preparation for drawing congressional and 11
legislative redistricting plans on the basis of each federal decennial census.
By December 1 of the year of the decennial federal census, the legislative 13
reference bureau shall obtain from the U.S. bureau of the census information 14
regarding geographic and political units in this state for which federal census 15
population data has been gathered and will be tabulated. The legislative reference 16
bureau shall use the information to do all of the following:
(a) Prepare necessary descriptions of geographic and political units for which 18
census data will be reported and that are suitable for use as components of legislative 19
(b) Prepare maps of geographic and political units within the state which may 21
be used to illustrate the locations of district boundaries proposed in plans prepared 22
in accordance with s. 4.007.
As soon as possible after receiving from the U.S. bureau of the census the 24
population data needed for legislative redistricting that the U.S. bureau of the 25
census is required to provide this state under P.L. 94-171
, the legislative reference
bureau shall use that data to assign a population figure based upon certified federal 2
census data to each geographic or political unit described under sub. (2) (b). The 3
legislative reference bureau shall prepare and publish an analysis describing the 4
population of current legislative and congressional districts and the extent to which 5
the districts may violate the standards under s. 4.007. Upon satisfying these 6
requirements, the legislative reference bureau shall begin the preparation of 7
congressional and legislative redistricting plans as required under s. 4.006.
None of the 4 selecting authorities, as defined in s. 13.49 (1) (b), may assign 9
or hire any person to work with the legislative reference bureau to prepare for 10
redistricting under this section, to prepare plans under s. 4.006, or to oversee either 11
124.005 Use of municipal ward plans.
After receipt of a division ordinance or 13
resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data 14
obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population 15
figure based upon certified federal census data to each ward established in the 16
division ordinance or resolution. The legislative reference bureau shall use each 17
ward to which a population figure is assigned in preparing congressional and 18
legislative redistricting plans as required under s. 4.006.
194.006 Preparation of redistricting plans. (1)
Not later than January 1 of 20
the 2nd year following the decennial federal census, the legislative reference bureau 21
shall deliver to the majority leader of the senate and speaker of the assembly 22
identical bills creating plans of legislative and congressional redistricting, prepared 23
in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to 24
a vote expeditiously, but not less than 7 days after the commission report under s. 25
13.49 (3) (d) 2. is received and made available to the members of the legislature. The
vote shall be under a procedure or rule permitting no amendments. If the bill is 2
approved by the first house in which it is considered, the bill shall expeditiously be 3
brought to a vote in the 2nd house under a similar procedure or rule.
If neither of the bills delivered by the legislative reference bureau under 5
sub. (1) is approved by both the assembly and the senate, the chief clerk of the house 6
that failed to approve the bill shall immediately transmit to the legislative reference 7
bureau information that the house may direct regarding reasons why the plan was 8
not approved. The legislative reference bureau shall prepare identical bills 9
embodying a 2nd plan of legislative and congressional redistricting prepared in 10
accordance with s. 4.007, taking into account the reasons transmitted to the 11
legislative reference bureau under this subsection insofar as it is possible to do so 12
within the requirements of s. 4.007. The legislative reference bureau shall deliver 13
the bills to the majority leader of the senate and the speaker of the assembly no later 14
than 21 days after the date of the vote by which the senate or the assembly failed to 15
approve the bill submitted under sub. (1). Any bill delivered by the legislative 16
reference bureau under this subsection shall be expeditiously introduced and 17
brought to a vote not less than 7 days after the date of introduction, in the same 18
manner as prescribed for the bill required under sub. (1).
If neither of the bills delivered by the legislative reference bureau under 20
sub. (2) is approved by both the assembly and the senate, the same procedure as 21
prescribed by sub. (2) shall be followed. If a 3rd plan is required under this 22
subsection, the legislative reference bureau shall deliver the bills to the majority 23
leader of the senate and the speaker of the assembly no later than 21 days after the 24
date of the vote by which the senate or the assembly failed to approve the bill 25
submitted under sub. (2). Any bill delivered by the legislative reference bureau
under this subsection shall be expeditiously introduced and brought to a vote not less 2
than 7 days after the date of introduction and shall be subject to amendment in the 3
same manner as other bills. Any bill delivered under this subsection, and any 4
amendment to such a bill, may be passed only with the approval of three-fourths of 5
all the members elected in each house.
Notwithstanding subs. (1) to (3):
(a) If certified federal census data that is sufficient to permit preparation of a 8
congressional redistricting plan becomes available at an earlier time than the 9
population data needed to permit preparation of a legislative redistricting plan in 10
accordance with s. 4.007, the legislative reference bureau shall so inform the 11
majority leader of the senate and the speaker of the assembly. If the majority leader 12
of the senate and the speaker of the assembly jointly direct, the legislative reference 13
bureau shall prepare a separate bill establishing congressional districts and deliver 14
it separately from the bill establishing legislative districts. The legislature shall 15
proceed to consider the congressional redistricting bill in substantially the manner 16
prescribed by subs. (1) to (3).
(b) If the population data for legislative redistricting that the U.S. bureau of 18
the census is required to provide this state under P.L. 94-171
and, if used by the 19
legislative reference bureau, the corresponding topologically integrated geographic 20
encoding and referencing data file for that population data are not available to the 21
legislative reference bureau on or before April 1 of the first year following the 22
decennial federal census, the deadlines set forth in this section shall be extended by 23
a number of days equal to the number of days after April 1 of the first year following 24
the decennial federal census that the population data and the topologically
integrated geographic encoding and referencing data file for legislative redistricting 2
34.007 Redistricting standards.
Legislative and congressional districts 4
shall be established on the basis of population requirements imposed under the 5
Wisconsin Constitution and the U.S. Constitution and requirements imposed under 6
Section 2 of the Voting Rights Act.
Senate and assembly districts, respectively, shall satisfy the population 8
standards established in this subsection. The quotient, obtained by dividing the sum 9
of the absolute values of the deviations of all district populations from the applicable 10
ideal district population by the number of districts established, may not exceed 1 11
percent of the applicable ideal district population, unless necessary to maintain 12
compliance with Section 2 of the Voting Rights Act. For purposes of this subsection, 13
the ideal district population is determined by dividing the population of the state 14
reported in the most recent federal decennial census by the number of districts to be 15
established. No senate district may have a population that exceeds that of any other 16
senate district by more than 10 percent and no assembly district may have a 17
population that exceeds that of any other assembly district by more than 10 percent, 18
unless necessary to maintain compliance with Section 2 of the Voting Rights Act.
Congressional districts shall each have a population as nearly equal as 20
practicable to the ideal district population, derived as prescribed in sub. (2), while 21
maintaining compliance with Section 2 of the Voting Rights Act. No congressional 22
district may have a population which varies by more than 1 percent from the 23
applicable ideal district population, unless necessary to comply with Section 2 of the 24
Voting Rights Act.
District boundaries shall coincide with ward boundaries and, to the extent 2
consistent with sub. (1), shall coincide with the boundaries of political subdivisions. 3
The number of political subdivisions divided among more than one district shall be 4
as small as possible. When there is a choice among political subdivisions to divide, 5
the more populous political subdivisions shall be divided before the less populous, 6
except that this requirement does not apply to a legislative district boundary drawn 7
along a county boundary which passes through a city with territory in more than one 8
Districts shall be composed of convenient contiguous territory. Areas which 10
meet only at the points of adjoining corners are not contiguous.
Districts shall not be drawn with the intent or result of denying or abridging 12
the equal opportunity of racial or language minorities to participate in the political 13
process or diminishing their ability to elect representatives of their choice, whether 14
by themselves or by voting in concert with other persons.
(a) In this subsection:
1. “Geographic unit center" means that point within a population data unit 17
approximately equidistant from the northern and southern extremities and also 18
approximately equidistant from the eastern and western extremities of the 19
population data unit. This point shall be determined by visual observation of a map 20
of the population data unit, unless it is otherwise determined within the context of 21
an appropriate coordinate system developed by the federal government or another 22
source that the legislative reference bureau determines is qualified and objective and 23
is obtained for use in this state with prior approval of the joint committee on 24
2. “Population data unit" means a ward, census enumeration district, block, or 2
other unit of territory having clearly identified geographic boundaries and for which 3
a total population figure is included in or can be derived directly from certified 4
federal census data.
3. “X-coordinate" means the relative location of a point along the east–west 6
axis of the state. Unless otherwise measured within the context of an appropriate 7
coordinate system obtained for use as permitted by subd. 1., the x-coordinate shall 8
be measured along a line drawn due east from a due north and south line running 9
through the point which is the western extremity of this state, to the point to be 10
4. “Y-coordinate" means the relative location of a point along the north–south 12
axis of the state. Unless otherwise measured within the context of an appropriate 13
coordinate system obtained for use as permitted by subd. 1., the y-coordinate shall 14
be measured along a line drawn due south from a due east and west line running 15
through the point which is the northern extremity of this state, to the point to be 16
(b) To the extent consistent with subs. (1) to (3), districts shall be compact in 18
form. Compact districts are those which are square, rectangular, or hexagonal in 19
shape to the extent permitted by natural or political boundaries. When it is 20
necessary to compare the relative compactness of 2 or more districts, or of 2 or more 21
alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used. 22
Should the results of these 2 tests be contradictory, the standard under par. (c) shall 23
be given greater weight than the standard under par. (d).