AB1010: Bill Text

LRB-5159/1

JK:amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 1010

March 20, 2020 - Introduced by Representatives Subeck, Spreitzer, Emerson, C. Taylor, Zamarripa, Anderson and Brostoff, cosponsored by Senators Smith and Miller. Referred to Committee on Campaigns and Elections.

AB1010,1,7 An Act to renumber and amend 7.60 (4) (c); to amend 5.01 (4) (a), 5.01 (4) (b), 5.01 (4) (c), 7.08 (1) (c), 7.50 (1) (b), 7.50 (1) (c), 7.50 (2) (intro.), 7.51 (4) (a), 7.51 (5) (a) 3., 7.53 (1) (a), 7.60 (4) (a), 8.17 (1) (a), 8.17 (4), 8.17 (5) (b), 10.02 (3) (intro.) and 120.06 (7) (b); and to create 5.05 (1) (g), 5.20, 6.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62, 8.05 (1) (L), 10.02 (4) and 20.510 (1) (ed) of the statutes; relating to: ranked-choice voting for local nonpartisan elections, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill allows local governmental units to enact an ordinance or adopt a resolution to use ranked-choice voting for the election of all local officials, not including recall elections for any such officials. The bill defines “local governmental unit” as a county, city, village, town, or special purpose district, including a school district. Under ranked-choice voting, each voter may rank as many preferences for each office or seat as there are candidates whose names appear on the ballot for that office or seat. If the voter indicates a preference for more than one candidate for an office or seat, the voter must indicate a preference between the candidates by designating one as “first choice," another as “second choice," and ranking subsequent choices in sequential preference. A voter may also indicate a preference for one or more write-in candidates for any office or seat.

A voter who casts one vote for a candidate for an office or seat but who does not indicate a preference is considered to have cast a “first-choice" preference for that candidate. If any candidate receives a majority of the first-choice preferences for the office or seat, that candidate is elected. If no candidate receives a majority of the first-choice preferences for an office or seat, the name of the candidate receiving the least number of first-choice preferences is dropped and the second-choice preferences of the voters who preferred that candidate, if any, are then added to the first-choice preferences received by the other candidates. Subsequent preferences of those voters are allocated to the other candidates in a similar manner as candidates with the fewest voter preferences are eliminated. If any candidate for the office or seat then has a majority of the combined first-choice and reallocated preferences, that candidate is elected. If not, the procedure is repeated until one candidate receives a majority of the combined first-choice and reallocated preferences.

In the case of a multiple-seat district, the candidates whose vote total is equal to or greater than the threshold number of votes are elected. The threshold is determined by dividing the total number of votes cast for the open seats by the number of the open seats, plus one, and adding one to the quotient, disregarding any fractions. Generally, if a candidate receives more than the number of threshold votes during a round of counting the preferential votes, his or her surplus votes are allocated to the continuing candidates in order of preference until all open seats are filled. A voter may also indicate a preference for one or more write-in candidates.

Under ranked-choice voting, no primary election is held for an elective office in a local governmental unit.

Finally, the bill authorizes the Elections Commission to make expenditures to implement and administer ranked-choice voting, including updating equipment and software and implementing secure technologies, and to make grants to local governmental units for the same purpose.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1010,1 Section 1 . 5.01 (4) (a) of the statutes is amended to read:

AB1010,3,2 5.01 (4) (a) If Except as provided under s. 7.62, if 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections commission or the chairperson's designee.

AB1010,2 Section 2 . 5.01 (4) (b) of the statutes is amended to read:

AB1010,3,7 5.01 (4) (b) If Except as provided under s. 7.62, if, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candidates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.

AB1010,3 Section 3 . 5.01 (4) (c) of the statutes is amended to read:

AB1010,3,12 5.01 (4) (c) The For purposes of pars. (a) and (b), the candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.

AB1010,4 Section 4 . 5.05 (1) (g) of the statutes is created to read:

AB1010,3,17 5.05 (1) (g) Make grants to local governmental units, as defined in s. 5.20 (1) (a), to update equipment and software, including the implementation of secure technologies, to administer ranked-choice voting under s. 5.20 and the canvass procedure for ranked-choice voting under s. 7.62.

AB1010,5 Section 5 . 5.20 of the statutes is created to read:

AB1010,3,19 5.20 Ranked-choice voting. (1) In this section:

AB1010,3,21 (a) “Local governmental unit” means a county, city, village, town, or special purpose district, including a school district.

AB1010,3,25 (b) “Ranked-choice voting" means a voting method in which the electors voting in an election for an elective office are permitted to indicate and order their preferences for all candidates whose names appear on the ballot for the same office or seat.

AB1010,4,13 (2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d) and (e) and (4) (f), the governing body of a local governmental unit may enact an ordinance or adopt a resolution to use ranked-choice voting for all elective offices to be filled in the local governmental unit. A governing body that enacts an ordinance or adopts a resolution to use ranked-choice voting shall notify the commission that it has taken such action no later than 120 days prior to the first election at which it intends to use ranked-choice voting. No governing body that adopts ranked-choice voting shall hold primaries for elective offices to be filled in the local governmental unit. A governing body that adopts ranked-choice voting shall use ranked-choice voting for all elective offices to be filled in the local governmental unit until such time as the ordinance or resolution is repealed. A governing body shall notify the commission of such a repeal no later than 120 days prior to the first election at which ranked-choice voting will no longer be used.

AB1010,4,22 (3) An elector may rank as many preferences for each office as there are candidates for the office whose names appear on the ballot. If more than one seat on a governing body is to be filled at large, the procedure under s. 7.62 (3) applies. If write-in votes are permitted, a voter may vote for a write-in candidate in addition to any candidate whose name appears on the ballot. To indicate a preference, an elector shall mark his or her ballot with or cause the voting machine to indicate the elector's first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector is not required to indicate a choice and is not required to indicate as many choices as the elector is eligible to indicate.

AB1010,6 Section 6 . 6.80 (2) (g) of the statutes is created to read:

AB1010,5,9 6.80 (2) (g) In elections for offices at which ranked-choice voting under s. 5.20 is used, an elector may rank as many preferences for each office or seat as there are candidates whose names appear on the ballot for that office or seat. If more than one seat on a governing body is to be filled at large, an elector may rank as many preferences for that office or seat as there are candidates whose names appear on the ballot for all of the seats to be filled. If write-in votes are permitted, a voter may vote for a write-in candidate in addition to any candidate whose name appears on the ballot. An elector who indicates preferences for candidates for an office or seat must indicate a different preference for each candidate for that office or seat. If an elector casts more than one vote for any office or seat without indicating preferences, the elector's intent shall be determined as provided under s. 7.62 (4).

AB1010,7 Section 7. 7.08 (1) (c) of the statutes is amended to read:

AB1010,5,15 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3), and 7.62 (1m). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the commission.

AB1010,8 Section 8 . 7.50 (1) (b) of the statutes is amended to read:

AB1010,5,23 7.50 (1) (b) When an elector casts more votes for any office or measure than he or she is entitled to cast at an election, all the elector's votes for that office or measure are invalid and the elector is deemed to have voted for none of them, except as provided in par. (c) and sub. (2) (d) and s. 7.62. If an elector casts less votes for any office or measure than he or she is entitled to cast at an election, all votes cast by the elector shall be counted but no vote shall be counted more than once , except as provided in s. 7.62.

AB1010,9 Section 9 . 7.50 (1) (c) of the statutes is amended to read:

AB1010,6,3 7.50 (1) (c) If an elector casts more than one vote for the same candidate for the same office, the first vote is valid and the remaining votes are invalid , except as provided in s. 7.62.

AB1010,10 Section 10 . 7.50 (2) (intro.) of the statutes is amended to read:

AB1010,6,10 7.50 (2) Ascertainment of intent. (intro.) All ballots cast at an election which bear the initials of 2 inspectors shall be counted for the person or referendum question for whom or for which they were intended, so far as the electors' intent can be ascertained from the ballots notwithstanding informality or failure to fully comply with other provisions of chs. 5 to 12. To Except as otherwise provided under s. 7.62, to determine intent:

AB1010,11 Section 11. 7.51 (4) (a) of the statutes is amended to read:

AB1010,7,4 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. For elections conducted under s. 5.20, the tally sheets shall also, for each round of tabulation, state the total number of highest-ranked preferences received by each candidate and the total number of lesser-ranked preferences received by each candidate, indicating the total number for each preference. Upon completion of the tally sheets, the inspectors shall immediately complete the inspectors' statement. The inspectors shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll list and shall state the number of the last elector as shown by the poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, but not including any inspector appointed under s. 7.30 (1) (b), shall then certify to the correctness of the statement and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statement.

AB1010,12 Section 12. 7.51 (5) (a) 3. of the statutes is amended to read:

AB1010,7,11 7.51 (5) (a) 3. The inspectors shall also seal the inspectors' statement, inside a separate carrier envelope, and shall similarly seal in a separate carrier envelope one tally sheet and one poll list for delivery to the municipal clerk. For elections conducted under s. 5.20, the inspectors shall enclose the tally sheet provided under s. 7.62 (1m). For school district elections, except in 1st class cities, the inspectors shall seal one tally sheet and one poll list for delivery to the school district clerk.

AB1010,13 Section 13. 7.53 (1) (a) of the statutes is amended to read:

AB1010,8,20 7.53 (1) (a) Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted publicly under s. 7.51 and the inspectors, other than any inspector appointed under s. 7.30 (1) (b), shall act as the municipal board of canvassers. The inspectors shall then complete the return statement for all votes cast at the polling place. If there are no provisional ballots that are eligible to be counted under s. 6.97 and no absentee ballots are being canvassed under s. 7.52, the inspectors may complete and sign the canvass statement and determination on election night. In municipalities where absentee ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is completed under s. 7.52, the board of absentee ballot canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. Except as authorized in par. (b), if one or more electors of the municipality have cast provisional ballots that are eligible to be counted under s. 6.97, the inspectors, acting as the board of canvassers, shall reconvene no later than 9 a.m. on the Monday after the election to count the valid provisional ballots and shall adjust the returns accordingly. The inspectors, acting as the board of canvassers, need not reconvene if the municipal clerk certifies that he or she has received no provisional ballots from the time that the board of canvassers completed the initial canvass and 4 p.m. on the Friday after the election. Upon completion of the canvass under this paragraph and any canvass that is conducted under s. 7.52 or 7.62 and ascertainment of the results by the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, by the inspectors and the board of absentee ballot canvassers, the municipal clerk shall publicly read to the inspectors or the board of absentee ballot canvassers the names of the persons voted for and the number of votes for each person for each municipal office,; for elections conducted under s. 5.20, the number of highest-ranked preferences and the number of lesser-ranked preferences for each person for each office, indicating the numbers for each preference; the names of the persons declared by the inspectors or board of absentee ballot canvassers to have won nomination or election to each municipal office,; and the number of votes cast for and against each municipal referendum question.

AB1010,14 Section 14. 7.60 (4) (a) of the statutes is amended to read:

AB1010,9,18 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; for elections conducted under s. 5.20, the number of highest-ranked preferences and lesser-ranked preferences cast for each person, indicating the numbers for each preference; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections commission, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB1010,15 Section 15. 7.60 (4) (c) of the statutes is renumbered 7.60 (4) (c) (intro.) and amended to read:

AB1010,9,25 7.60 (4) (c) (intro.) In preparing the statements and determinations, the board of canvassers shall carefully review the tally sheets and inspectors' statement. The board of canvassers may omit the names of individuals whose names do not appear on the ballot and who receive a comparatively small number of votes. The board of canvassers shall designate votes received by such individuals as scattering votes. The board of canvassers shall append the following to each statement and determination a :

AB1010,10,5 1. A tabulation of the votes cast at each election district, ward, or combination of wards authorized under s. 5.15 (6) (b) in the county for each office and each individual, whether the votes are canvassed or not, as well as the.

AB1010,10,8 2. The total canvassed votes cast for each individual and each office, except where scattering votes are designated. If any votes are rejected, the board of canvassers shall specify the reasons therefor.

AB1010,16 Section 16. 7.60 (4) (c) 3. of the statutes is created to read:

AB1010,10,12 7.60 (4) (c) 3. After elections at which ranked-choice voting under s. 5.20 is used, the number of highest-ranked preferences and lesser-ranked preferences for each person for each office, indicating the numbers for each choice.

AB1010,17 Section 17. 7.60 (4) (c) 4. of the statutes is created to read:

AB1010,10,15 7.60 (4) (c) 4. For each rejected vote, the board of canvassers' explanation for rejecting the vote.

AB1010,18 Section 18 . 7.62 of the statutes is created to read:

AB1010,10,19 7.62 Canvass procedure for ranked-choice voting. (1) Definition. In this section, “continuing candidate” means a candidate that has not been eliminated or elected.

AB1010,10,23 (1m) Tally sheets. The commission shall prescribe a tally sheet form for canvassing of elections in which ranked-choice voting is used. The inspectors shall use the form in preparing the returns and shall retain the form as a part of the official returns.

AB1010,11,6 (2) Single-seat election. (a) For determining the winning candidate for a single-seat election using ranked-choice voting, the candidate that receives the majority of the highest-ranked preferences for an office or seat shall be elected. If no candidate for an office or seat receives a majority of the highest-ranked preferences, the candidate who receives the least number of highest-ranked preferences shall be eliminated and the next-ranked preferences, if any, indicated by the electors who voted for that candidate shall be added to the highest-ranked preferences received by the other continuing candidates.

AB1010,11,16 (b) If more than one continuing candidate receives the least number of highest-ranked preferences, the tie shall be resolved as provided under sub. (6). If after the reapportionment of preferences a continuing candidate has a majority of highest-ranked preferences and reapportioned next-ranked preferences, that candidate shall be declared elected. If after the reapportionment of preferences no continuing candidate has a majority of highest-ranked preferences and reapportioned next-ranked preferences, the apportionment begins again with additional choice preferences tallied in the same manner so that the continuing candidate with the least number of choice preferences is eliminated and his or her choice preferences reapportioned to the remaining continuing candidates.

AB1010,11,23 (c) Any time during tabulation when the continuing candidate with the least number of highest-ranked preferences would be defeated, if there are 2 or more candidates for whom it is mathematically impossible to be elected, then all continuing candidates for whom it is mathematically impossible to be elected shall be eliminated simultaneously. For purposes of this paragraph, continuing candidates for whom it is mathematically impossible to be elected include the following:

AB1010,12,3 1. Continuing candidates whose vote total plus the sum of current votes for continuing candidates with fewer votes would not be enough to equal or surpass the continuing candidate with the next highest current vote total.

AB1010,12,6 2. Any continuing candidate that has a lower current vote total than a continuing candidate for whom it is mathematically impossible to be elected under subd. 1.

AB1010,12,14 (d) Reapportionment of preferences continues under this subsection until a continuing candidate has the majority of highest-ranked and reapportioned preferences and until the results of the reapportionment and tabulation indicate which 2 continuing candidates received the most highest-ranked and reapportioned preferences. The continuing candidate with the majority of highest-ranked and reapportioned preferences shall be declared elected. If the 2 continuing candidates with the most highest-ranked preferences are tied, the tie shall be resolved as provided under sub. (6) and the winner declared elected.

AB1010,12,20 (3) Multiple-seat election. (a) For determining the winning candidates for a multiple-seat election using ranked-choice voting, each candidate that receives no less than the number of threshold votes for the open office or seat shall be elected. The threshold shall be determined by dividing the total number of votes cast for the open offices or seats by the number of such offices or seats, plus one, and adding one to the quotient, disregarding any fractions.

AB1010,13,3 (b) For purposes of this subsection, a first ranked-choice tabulation shall be done under this paragraph before a tabulation under par. (c). If the number of candidates, other than any undeclared or declared write-in candidate, whose vote total is equal to or greater than the threshold determined under par. (a) is equal to the number of seats to be filled, those candidates are declared elected. If the number of candidates, other than any undeclared or declared write-in candidate, whose vote total is equal to or greater than the threshold is less than the number of seats to be filled, the canvassers shall perform a tabulation under par. (c).

AB1010,13,6 (c) After the tabulation under par. (b), the tabulation of votes shall proceed in rounds for each office to be counted and the tabulation for each round shall proceed sequentially as follows:

AB1010,13,17 1. The number of votes cast for each continuing candidate for the current round shall be counted. If the number of continuing candidates, other than any undeclared write-in candidate, whose vote total is equal to or greater than the threshold determined under par. (a) is equal to the number of seats to be filled, those continuing candidates are elected and the tabulation is complete. Then, if the number of continuing candidates, including any undeclared write-in candidates, whose vote total is equal to or greater than the threshold determined under par. (a) is equal to the number of seats to be filled, those continuing candidates are elected and the tabulation is complete. If the number of continuing candidates whose vote total is equal to or greater than the threshold is not equal to the number of seats to be filled, a new round begins and the tabulation continues as described in subds. 2. and 3.

AB1010,13,19 2. Surplus votes for any continuing candidates whose vote total is equal to or greater than the threshold determined under par. (a) shall be calculated.