AB732: Bill Text

AB732,35 Section 35 . 7.62 of the statutes is created to read:

AB732,17,20 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.

AB732,17,24 (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.

AB732,18,8 (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.

AB732,18,18 (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.

AB732,18,25 (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:

AB732,19,3 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.

AB732,19,6 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.

AB732,19,14 (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.

AB732,19,20 (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.

AB732,20,3 (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).

AB732,20,6 (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:

AB732,20,17 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.

AB732,20,19 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.

AB732,20,21 3. The surplus of the elected candidate with the largest surplus is transferred using the Weighted Inclusive Gregory Method as follows:

AB732,20,24 a. The number of surplus votes of the elected candidate shall be divided by the number of votes received by the candidate and the resulting fraction shall be the surplus fraction.

AB732,21,5 b. In relation to any particular ballots for surplus votes of the elected candidate, the surplus fraction shall be multiplied by the transfer value at which those ballots were transferred to the elected candidate, or by one if they expressed first preferences for the elected candidate, and the product shall be the continued transfer value of those particular ballots.

AB732,21,15 c. The total number of ballots for surplus votes of the elected candidate that express the next available preference and have a particular current value shall be multiplied by that transfer value. The number so obtained, disregarding any fraction, shall be added to the number of votes of the continuing candidate and all those ballots shall be transferred to the continuing candidate. If on the completion of the transfer of the surplus votes of the elected candidate to a particular continuing candidate that continuing candidate has received a number of votes equal to or greater than the threshold, that continuing candidate shall be elected. If no continuing candidate has a surplus, the tabulation continues as described in subd. 4. Otherwise, the tabulation continues as described in subd. 1.

AB732,21,24 4. All continuing candidates for whom it is mathematically impossible to be elected shall be eliminated simultaneously. Votes for the eliminated candidates shall be transferred to each ballot's next-ranked continuing candidate, except votes for candidates eliminated in the final round are not transferred if, by their elimination, the number of continuing candidates is reduced to the number of seats yet to be filled. If no continuing candidate can be eliminated under this subdivision, the tabulation continues as described in subd. 5. Otherwise, the tabulation continues as described in subd. 1. For purposes of this subdivision, continuing candidates for whom it is mathematically impossible to be elected include the following:

AB732,22,3 a. 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.

AB732,22,6 b. 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. 4. a.

AB732,22,12 5. If there are no transferable surplus votes and no continuing candidate is eliminated under subd. 4., the continuing candidate with the fewest votes is eliminated. Votes for an eliminated candidate are transferred at their transfer value to each ballot's next-ranked continuing candidate, except votes for candidates eliminated in the final round are not transferred if, by their elimination, the number of continuing candidates is reduced to the number of seats yet to be filled.

AB732,22,20 6. The procedures in subds. 1. to 5. shall be repeated until the number of continuing candidates whose vote total is equal to or greater than the threshold is equal to the number of seats to be filled, or until the number of continuing candidates is equal to the number of seats yet to be filled. If the number of continuing candidates is equal to the number of seats yet to be filled, any remaining continuing candidates shall be declared elected. Continuing candidates eliminated under this subdivision in the final round retain their votes. Any ties between continuing candidates in subds. 1. to 5. shall be resolved as provided in sub. (6).

AB732,23,7 (4) Ascertainment of intent. If a ballot does not clearly show which candidate the voter prefers to all others, or if it contains any word, mark, or other sign apparently intended to identify the voter, it shall be set aside as invalid. Every ballot not held invalid under this subsection shall be counted according to the intent of the voter, so far as that can be clearly ascertained, whether marked according to the directions printed on it or not. No ballot shall be held invalid because the names of candidates on the ballot for whom the voter did not mark a choice have been stricken out, unless such striking out constitutes an identifying mark. A single mark on a ballot on which no first choice figure appears shall be considered equivalent to a first choice preference. If a ballot contains both figures and marks, the order of the choice shown by the figures shall be taken as the voter's intention in so far as the order is clearly indicated.

AB732,23,11 (5) Skipped rankings, overvotes, and undervotes. (a) Ballots skipping one ranking shall be counted for that voter's next clearly indicated choice. Ballots with 2 or more rankings skipped consecutively shall be declared exhausted after all candidates ranked prior to the consecutively skipped rankings have been eliminated.

AB732,23,14 (b) Ballots with 2 or more of the same number shall be declared exhausted when such duplicate rankings are reached unless only one of the candidates with the duplicate ranking is a continuing candidate.

AB732,23,16 (c) Ballots that indicate no further rankings after the elector's initial preferences have been eliminated shall be declared exhausted.

AB732,23,17 (d) Ballots that indicate no rankings shall be declared exhausted.

AB732,23,25 (6) Ties. In the event of a tie that affects the outcome of the election, the tie shall be broken by comparing the votes of the tied candidates in the previous rounds of counting, starting with the count immediately preceding the round in which the tie occurs. If one of the tied candidates had more votes than the remaining tied candidates in the preceding round or an earlier round of counting, then that candidate shall advance and the others shall be eliminated. If the candidates were tied in each preceding round, or if there were no preceding rounds, then the tie shall be resolved by lot.

AB732,36 Section 36. 7.70 (3) (a) of the statutes is amended to read:

AB732,24,8 7.70 (3) (a) The chairperson of the commission or a designee of the chairperson appointed by the chairperson to canvass a specific election shall publicly canvass the returns and make his or her certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 3rd Wednesday following a partisan primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.

AB732,37 Section 37. 8.05 (1) (L) of the statutes is created to read:

AB732,24,11 8.05 (1) (L) A town or village may not use ranked-choice voting under s. 5.20 to nominate candidates for town or village offices at a caucus.

AB732,38 Section 38 . 8.05 (3) of the statutes is repealed.

AB732,39 Section 39 . 8.05 (4) (a) of the statutes is amended to read:

AB732,24,22 8.05 (4) (a) If a primary is provided for the nomination of candidates for elective village offices under s. 8.11 (1m) (b) or (c), candidates for those offices shall file nomination papers. In any other case, a A majority of the governing body of any village may provide that candidates for elective village office shall be nominated by nomination papers. Determination of the governing body to provide for nomination of candidates by nomination papers shall be made not later than December 1 preceding the election. If nomination by nomination papers is not provided for under this paragraph and no primary is provided for under s. 8.11 (1m) (b) or (c), a village shall nominate candidates by caucus.

AB732,40 Section 40 . 8.05 (5) of the statutes is repealed.

AB732,41 Section 41 . 8.10 (1) of the statutes is amended to read:

AB732,25,5 8.10 (1) Candidates for office to be filled at the spring election shall be nominated by nomination papers, or by nomination papers and selection at the primary if a primary is held, except as provided for towns and villages under s. 8.05. Unless designated in this section or s. 8.05, the general provisions pertaining to nomination at the partisan primary apply.

AB732,42 Section 42 . 8.11 of the statutes is repealed.

AB732,43 Section 43 . 8.13 of the statutes is repealed.

AB732,44 Section 44 . 8.17 (1) (a) of the statutes is amended to read:

AB732,26,2 8.17 (1) (a) Political parties qualifying for a separate ballot under s. 5.62 (1) (b) or (2) shall elect their party committeemen and committeewomen committee members as provided under sub. (5) (b). The function of committeemen and committeewomen the committee members is to represent their neighborhoods in the structure of a political party. Committeemen and committeewomen Committee members shall act as liaison representatives between their parties and the residents of the election districts in which they serve. Activities of committeemen and committeewomen committee members shall include , but not be limited to, identifying voters; assistance assisting in voter registration drives; increasing voter participation in political parties; polling and other methods of passing information from residents to political parties and elected public officials; and dissemination of disseminating information from public officials to residents. For assistance in those and other activities of interest to a political party, each committeeman and committeewoman committee member may appoint a captain to engage in these activities in each ward, if the election district served by the committeeman or committeewoman committee member includes more than one ward. In an election district which that includes more than one ward, the committeeman or committeewoman committee member shall coordinate the activities of the ward captains in promoting the interests of his or her party.

AB732,45 Section 45 . 8.17 (4) of the statutes is amended to read:

AB732,26,6 8.17 (4) The term of office of each committeeman or committeewoman committee member shall end on the date of the meeting held under sub. (5) (b) following each partisan primary.

AB732,46 Section 46 . 8.17 (5) (b) of the statutes is amended to read:

AB732,26,24 8.17 (5) (b) A combined meeting of the county committee and members in good standing of the party in the county shall be held no sooner than 15 days after the partisan primary and no later than April 1 of the following year. At this meeting, the party committeemen or committeewomen committee members and the county committee offices of chairperson, vice chairperson, secretary, and treasurer shall be filled by election by the incumbent committeemen, committeewomen committee members and other party members present and voting, each of whom is entitled to one vote. At this meeting, the county committee shall elect the members of the congressional district committee as provided in sub. (6) (b), (c) , and (d). The secretary of the county committee shall give at least 7 days' written notice of the meeting to party and committee members. Individuals elected as county committee officers or as congressional district committee members may be, but are not required to be, committeemen or committeewomen party committee members. They are required to be party members in good standing. The terms of committeemen and committeewomen party committee members, county committee officers, and congressional district committee members begin during the meeting immediately upon completion and verification of the voting for each office.

AB732,47 Section 47. 8.50 (2) (a) of the statutes is amended to read:

AB732,27,10 8.50 (2) (a) The date for the special election shall be not less than 62 nor more than 77 days from the date of the order except when the special election is held to fill a vacancy in a national office or the special election is held on the day of the general election or spring election. If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 106 days prior to the spring primary election and not later than 49 63 days prior to that primary election. If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary.

AB732,48 Section 48 . 8.50 (2) (b) of the statutes is amended to read:

AB732,27,19 8.50 (2) (b) If a primary is required, the primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.

AB732,49 Section 49 . 8.50 (3) (a) of the statutes is amended to read:

AB732,28,11 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 75 days prior to the date of the spring primary election or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB732,50 Section 50 . 8.50 (3) (b) of the statutes is amended to read:

AB732,28,24 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the partisan primary under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries election nominations under s. 8.10 are applicable to all nonpartisan primaries elections held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

AB732,51 Section 51 . 10.01 (2) (d) of the statutes is amended to read:

AB732,29,15 10.01 (2) (d) Type D — The type D notice shall state the hours the polls will be open and the polling places to be utilized at the election or shall include a concise statement of how polling place information may be obtained. In cities over 500,000 population, the board of election commissioners shall determine the form of the notice. In other municipalities and special purpose districts, the clerk of the municipality or special purpose district shall give the polling place information in the manner the governing body of the municipality or special purpose district decides will most effectively inform the electors. The type D notice shall be published by the municipal clerk or board of election commissioners of each municipality once on the day before each spring primary and election, each special national, state, county, or municipal election at which the electors of that municipality are entitled to vote and each partisan primary and general election. The clerk of each special purpose district which that calls a special election shall publish a type D notice on the day before the election, and the day before the special primary, if any, except as authorized in s. 8.55 (3).

AB732,52 Section 52 . 10.01 (2) (e) of the statutes is amended to read:

AB732,30,9 10.01 (2) (e) Type E — The type E notice shall state the qualifications for absentee voting, the procedures for obtaining an absentee ballot in the case of registered and unregistered voters, the places and the deadlines for application and return of application, including any alternate site under s. 6.855, and the office hours during which an elector may cast an absentee ballot in the municipal clerk's office or at an alternate site under s. 6.855. The municipal clerk shall publish a type E notice on the 4th Tuesday preceding each spring primary and election, on the 4th Tuesday preceding each partisan primary and general election, on the 4th Tuesday preceding the primary for each special national, or state, county or municipal election if any, on the 4th Tuesday preceding a special county or municipal referendum, and on the 3rd Tuesday preceding each special national, state, county, or municipal election to fill an office which that is not held concurrently with the spring or general election. The clerk of each special purpose district which that calls a special election shall publish a type E notice on the 4th Tuesday preceding the primary for the special election, if any, on the 4th Tuesday preceding a special referendum, and on the 3rd Tuesday preceding a special election for an office which that is not held concurrently with the spring or general election except as authorized in s. 8.55 (3).

AB732,53 Section 53. 10.02 (3) (intro.) of the statutes is amended to read:

AB732,30,11 10.02 (3) (intro.) The notice shall contain the following:

AB732,30,12 FACSIMILE BALLOT NOTICE

AB732,30,13 OF .... ELECTION

AB732,30,14 Office of .... [County] [Municipal] Clerk.

AB732,30,15 To the Electors of .... [County] [Municipality]:

AB732,30,22 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB732,30,23 INFORMATION TO ELECTORS

AB732,31,2 Except as provided in sub. (4) and except where a different statement is prescribed by the commission for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB732,54 Section 54 . 10.02 (3) (b) 4. of the statutes is repealed.

AB732,55 Section 55. 10.02 (4) of the statutes is created to read:

AB732,31,6 10.02 (4) The commission shall prescribe by rule the content of type B notices to be used at elections at which ranked-choice voting under s. 5.20 is used.

AB732,56 Section 56 . 10.06 (1) (c) of the statutes is amended to read:

AB732,31,11 10.06 (1) (c) As soon as possible after the deadline for filing nomination papers for the spring election, but no later than the 2nd Tuesday in January, the commission shall send a type B notice certifying the list of candidates to each county clerk if a primary is required.

AB732,57 Section 57 . 10.06 (1) (e) of the statutes is amended to read:

AB732,31,19 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the commission shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held, this notice shall be sent under par. (c). When there is a referendum, the commission shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB732,58 Section 58 . 10.06 (2) (b) of the statutes is repealed.

AB732,59 Section 59 . 10.06 (2) (d) of the statutes is repealed.

AB732,60 Section 60 . 10.06 (3) (am) of the statutes is amended to read:

AB732,32,5 10.06 (3) (am) As soon as possible following the deadline for filing nomination papers for any municipal election when there is to be an election for a county or state office or a county or statewide referendum, but no later than 3 days after such deadline, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state, or county offices are used shall certify the list of candidates for municipal office to the county clerk if a primary is required, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB732,61 Section 61 . 10.06 (3) (as) of the statutes is repealed.

AB732,62 Section 62 . 10.06 (3) (b) of the statutes is repealed.

AB732,63 Section 63 . 10.06 (3) (bm) of the statutes is amended to read:

AB732,32,17 10.06 (3) (bm) As soon as possible following the municipal canvass of the primary vote or the qualification of the candidates under s. 8.05 (1) (j) when a municipal caucus is held, if there is to be an election for a county or state office or a county or statewide referendum, but no later than 3 days after such date, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state , or county offices are used shall certify the list of candidates for municipal office and municipal referenda appearing on the ballot to the county clerk, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB732,64 Section 64 . 10.06 (3) (f) of the statutes is amended to read:

AB732,33,8 10.06 (3) (f) At least 40 days prior to any special primary or election for municipal office, the municipal clerk shall publish a type A notice. On the 4th Tuesday prior to any special primary for national, or state, county or municipal office, the municipal clerk shall publish a type E notice. On the 3rd Tuesday prior to any special election for national, state, county, or municipal office which that is not held concurrently with the spring or general election, the municipal clerk shall publish a type E notice. On the 4th Tuesday prior to any special county referendum, the municipal clerk shall publish a type E notice. On the 4th Tuesday prior to any special municipal referendum, the municipal clerk shall publish type A and E notices. On the day preceding any special primary or election for municipal office, or any special municipal referendum, the municipal clerk shall publish a type B notice. The municipal clerk shall publish a type C notice on the day preceding a special municipal referendum. On the day preceding any special primary or election for national, state, county, or municipal office, or a special county or municipal referendum, the municipal clerk shall publish a type D notice.

AB732,65 Section 65 . 10.06 (4) (g) of the statutes is amended to read: