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LRB-5162/1
JK&MPG:cjs
2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Smith, Schachtner, Hansen,
Carpenter, Risser, Wirch, Larson, Johnson, L. Taylor and Erpenbach,
cosponsored by Representatives Hesselbein, Emerson, Spreitzer, Goyke,
Crowley, Sinicki, Gruszynski, Shankland, Cabrera, Ohnstad, Hebl, Kolste,
L. Myers, Sargent, Neubauer, Pope, Vruwink, Considine, C. Taylor,
Billings, Anderson, Stubbs, Zamarripa, Doyle, Novak, Subeck, Bowen,
Fields, Haywood, Milroy, Riemer, Brostoff, Vining, B. Meyers and Stuck.
Referred to Committee on Government Operations, Technology and
Consumer Protection.
SJR87,1,4 1To renumber section 3 of article IV; to amend section 4 of article IV and section 5
2of article IV; and to create section 3 (2), (3), (4), (5), (6), (7) and (8) of article IV
3and section 9 (3) of article IV of the constitution; relating to: legislative and
4congressional redistricting (first consideration).
Analysis by the Legislative Reference Bureau
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
SJR87,1,5 5Resolved by the senate, the assembly concurring, That:
SJR87,1 6Section 1 . Section 3 of article IV of the constitution is renumbered section 3
7(1) of article IV.
SJR87,2 8Section 2 . Section 3 (2), (3), (4), (5), (6), (7) and (8) of article IV of the
9constitution are created to read:
SJR87,2,210 [Article IV] Section 3 (2) (a) The legislative reference bureau shall acquire
11appropriate information, review and evaluate available facilities, and develop

1programs and procedures in preparation for drawing congressional and legislative
2redistricting plans on the basis of each federal decennial census.
SJR87,2,73 (b) By December 1 of the year of the decennial federal census, the legislative
4reference bureau shall obtain from the federal government information regarding
5geographic and political units in this state for which federal census population data
6has been gathered and will be tabulated. The legislative reference bureau shall use
7the information to do all of the following:
SJR87,2,108 1. Prepare necessary descriptions of geographic and political units for which
9census data will be reported and that are suitable for use as components of legislative
10districts.
SJR87,2,1311 2. Prepare maps of geographic and political units within the state which may
12be used to illustrate the locations of district boundaries proposed in plans prepared
13in accordance with sub. (5).
SJR87,2,2214 (c) As soon as possible after receiving the federal census data needed for
15legislative redistricting, the legislative reference bureau shall use that data to assign
16a population figure based upon certified federal census data to each geographic or
17political unit described under par. (b) 2. The legislative reference bureau shall
18prepare and publish an analysis describing the population of current legislative and
19congressional districts and the extent to which the districts may violate the
20standards under sub. (5). Upon satisfying these requirements, the legislative
21reference bureau shall begin the preparation of congressional and legislative
22redistricting plans as required under sub. (4).
SJR87,3,223 (d) None of the 4 selecting authorities, as defined in sub. (8) (a) 2., may assign
24or hire any person to work with the legislative reference bureau to prepare for

1redistricting under this subsection, to prepare plans under sub. (4), or to oversee
2either process.
SJR87,3,83 (3) After receipt of a division ordinance or resolution, as provided by law, the
4legislative reference bureau shall use the federal census data obtained under sub.
5(2) (c) to assign a population figure based upon certified federal census data to each
6ward established in the division ordinance or resolution. The legislative reference
7bureau shall use each ward to which a population figure is assigned in preparing
8congressional and legislative redistricting plans as required under sub. (4).
SJR87,3,189 (4) (a) Not later than January 1 of the 2nd year following the decennial federal
10census, the legislative reference bureau shall deliver to the majority leader of the
11senate and speaker of the assembly identical bills creating plans of legislative and
12congressional redistricting, prepared in accordance with sub. (5). Either the
13assembly or the senate shall bring the bill to a vote expeditiously, but not less than
147 days after the commission report under sub. (8) (c) 4. b. is received and made
15available to the members of the legislature. The vote shall be under a procedure or
16rule permitting no amendments. If the bill is approved by the first house in which
17it is considered, the bill shall expeditiously be brought to a vote in the 2nd house
18under a similar procedure or rule.
SJR87,4,819 (b) If neither of the bills delivered by the legislative reference bureau under par.
20(a) is approved by both the assembly and the senate, the chief clerk of the house that
21failed to approve the bill shall immediately transmit to the legislative reference
22bureau information that the house may direct regarding reasons why the plan was
23not approved. The legislative reference bureau shall prepare identical bills
24embodying a 2nd plan of legislative and congressional redistricting prepared in
25accordance with sub. (5), taking into account the reasons transmitted to the

1legislative reference bureau under this paragraph insofar as it is possible to do so
2within the requirements of sub. (5). The legislative reference bureau shall deliver
3the bills to the majority leader of the senate and the speaker of the assembly no later
4than 21 days after the date of the vote by which the senate or the assembly failed to
5approve the bill submitted under par. (a). Any bill delivered by the legislative
6reference bureau under this paragraph shall be expeditiously introduced and
7brought to a vote not less than 7 days after the date of introduction, in the same
8manner as prescribed for the bill required under par. (a).
SJR87,4,209 (c) If neither of the bills delivered by the legislative reference bureau under par.
10(b) is approved by both the assembly and the senate, the same procedure as
11prescribed by par. (b) shall be followed. If a 3rd plan is required under this
12paragraph, the legislative reference bureau shall deliver the bills to the majority
13leader of the senate and the speaker of the assembly no later than 21 days after the
14date of the vote by which the senate or the assembly failed to approve the bill
15submitted under par. (b). Any bill delivered by the legislative reference bureau under
16this paragraph shall be expeditiously introduced and brought to a vote not less than
177 days after the date of introduction and shall be subject to amendment in the same
18manner as other bills. Any bill delivered under this paragraph, and any amendment
19to such a bill, may be passed only with the approval of three-fourths of all the
20members elected in each house.
SJR87,4,2121 (d) Notwithstanding pars. (a) to (c):
SJR87,5,622 1. If certified federal census data that is sufficient to permit preparation of a
23congressional redistricting plan becomes available at an earlier time than the
24population data needed to permit preparation of a legislative redistricting plan in
25accordance with sub. (5), the legislative reference bureau shall so inform the majority

1leader of the senate and the speaker of the assembly. If the majority leader of the
2senate and the speaker of the assembly jointly direct, the legislative reference
3bureau shall prepare a separate bill establishing congressional districts and deliver
4it separately from the bill establishing legislative districts. The legislature shall
5proceed to consider the congressional redistricting bill in substantially the manner
6prescribed by pars. (a) to (c).
SJR87,5,157 2. If the population data for legislative redistricting that the federal
8government provides and, if used by the legislative reference bureau, the
9corresponding topologically integrated geographic encoding and referencing data
10file for that population data are not available to the legislative reference bureau on
11or before April 1 of the first year following the decennial federal census, the deadlines
12set forth in this subsection shall be extended by a number of days equal to the number
13of days after April 1 of the first year following the decennial federal census that the
14population data and the topologically integrated geographic encoding and
15referencing data file for legislative redistricting become available.
SJR87,5,1816 (5) (a) Legislative and congressional districts shall be established on the basis
17of population requirements imposed under the Wisconsin Constitution and the U.S.
18Constitution and requirements imposed under Section 2 of the Voting Rights Act.
SJR87,6,519 (b) Senate and assembly districts, respectively, shall satisfy the population
20standards established in this paragraph. The quotient, obtained by dividing the sum
21of the absolute values of the deviations of all district populations from the applicable
22ideal district population by the number of districts established, may not exceed 1
23percent of the applicable ideal district population, unless necessary to maintain
24compliance with Section 2 of the Voting Rights Act. For purposes of this paragraph,
25the ideal district population is determined by dividing the population of the state

1reported in the most recent federal decennial census by the number of districts to be
2established. No senate district may have a population that exceeds that of any other
3senate district by more than 10 percent and no assembly district may have a
4population that exceeds that of any other assembly district by more than 10 percent,
5unless necessary to maintain compliance with Section 2 of the Voting Rights Act.
SJR87,6,116 (c) Congressional districts shall each have a population as nearly equal as
7practicable to the ideal district population, derived as prescribed in par. (b), while
8maintaining compliance with Section 2 of the Voting Rights Act. No congressional
9district may have a population which varies by more than 1 percent from the
10applicable ideal district population, unless necessary to comply with Section 2 of the
11Voting Rights Act.
SJR87,6,1912 (d) District boundaries shall coincide with ward boundaries and, to the extent
13consistent with par. (a), shall coincide with the boundaries of political subdivisions.
14The number of political subdivisions divided among more than one district shall be
15as small as possible. When there is a choice among political subdivisions to divide,
16the more populous political subdivisions shall be divided before the less populous,
17except that this requirement does not apply to a legislative district boundary drawn
18along a county boundary which passes through a city with territory in more than one
19county.
SJR87,6,2120 (e) Districts shall be composed of convenient contiguous territory. Areas which
21meet only at the points of adjoining corners are not contiguous.
SJR87,6,2522 (f) Districts shall not be drawn with the intent or result of denying or abridging
23the equal opportunity of racial or language minorities to participate in the political
24process or diminishing their ability to elect representatives of their choice, whether
25by themselves or by voting in concert with other persons.
SJR87,7,1
1(g) 1. In this paragraph:
SJR87,7,102 a. “Geographic unit center" means that point within a population data unit
3approximately equidistant from the northern and southern extremities and also
4approximately equidistant from the eastern and western extremities of the
5population data unit. This point shall be determined by visual observation of a map
6of the population data unit, unless it is otherwise determined within the context of
7an appropriate coordinate system developed by the federal government or another
8source that the legislative reference bureau determines is qualified and objective and
9is obtained for use in this state with prior approval of the joint committee on
10legislative organization.
SJR87,7,1411 b. “Population data unit" means a ward, census enumeration district, block, or
12other unit of territory having clearly identified geographic boundaries and for which
13a total population figure is included in or can be derived directly from certified
14federal census data.
SJR87,7,2015 c. “X-coordinate" means the relative location of a point along the east–west axis
16of the state. Unless otherwise measured within the context of an appropriate
17coordinate system obtained for use as permitted by subd. 1. a., the x-coordinate shall
18be measured along a line drawn due east from a due north and south line running
19through the point which is the western extremity of this state, to the point to be
20located.
SJR87,8,221 d. “Y-coordinate" means the relative location of a point along the north–south
22axis of the state. Unless otherwise measured within the context of an appropriate
23coordinate system obtained for use as permitted by subd. 1. a., the y-coordinate shall
24be measured along a line drawn due south from a due east and west line running

1through the point which is the northern extremity of this state, to the point to be
2located.
SJR87,8,93 2. To the extent consistent with pars. (a) to (c), districts shall be compact in
4form. Compact districts are those which are square, rectangular, or hexagonal in
5shape to the extent permitted by natural or political boundaries. When it is
6necessary to compare the relative compactness of 2 or more districts, or of 2 or more
7alternative redistricting plans, the tests prescribed by subds. 3. and 4. shall be used.
8Should the results of these 2 tests be contradictory, the standard under subd. 3. shall
9be given greater weight than the standard under subd. 4.
SJR87,8,1210 3. a. The compactness of a district is greatest when the length of the district and
11the width of the district are equal. The measure of a district's compactness is the
12absolute value of the difference between the length and the width of the district.
SJR87,8,1713 b. In measuring the compactness of a district by means of electronic data
14processing, the difference between the x-coordinates of the easternmost and the
15westernmost geographic unit centers included in the district shall be compared to the
16difference between the y-coordinates of the northernmost and southernmost
17geographic unit centers included in the district.
SJR87,9,618 c. To determine the length and width of a district by manual measurement, the
19distance from the northernmost point or portion of the boundary of a district to the
20southernmost point or portion of the boundary of the same district and the distance
21from the westernmost point or portion of the boundary of the district to the
22easternmost point or portion of the boundary of the same district shall each be
23measured. If the northernmost or southernmost portion of the boundary, or each of
24these points, is a part of the boundary running due east and west, the line used to
25make the measurement required by this subd. 3. c. shall be drawn either due north

1and south or as nearly so as the configuration of the district permits. If the
2easternmost or westernmost portion of the boundary, or each of these points, is a part
3of the boundary running due north and south, a similar procedure shall be followed.
4The lines to be measured for the purpose of this subd. 3. c. shall each be drawn as
5required by this subd. 3. c., even if some part of either or both lines lies outside the
6boundaries of the district which is being tested for compactness.
SJR87,9,127 d. The absolute values computed for individual districts under this subdivision
8may be cumulated for all districts in a plan in order to compare the overall
9compactness of 2 or more alternative redistricting plans for the state or for a portion
10of the state. However, it is not valid to cumulate or compare absolute values
11computed using the measurements under subd. 3. b. with those computed using the
12measurements under subd. 3. c.
SJR87,9,1513 4. a. The compactness of a district is greatest when the ratio of the dispersion
14of population about the population center of the district to the dispersion of
15population about the geographic center of the district is one to one.
SJR87,9,2416 b. The population dispersion about the population center of a district or about
17the geographic center of a district is computed as the sum of the products of the
18population of each population data unit included in the district multiplied by the
19square of the distance from the geographic unit center of that population data unit
20to the population center or the geographic center of the district, as the case may be.
21The geographic center of the district is defined by averaging the locations of all
22geographic unit centers which are included in the district. The population center of
23the district is defined by computing the population–weighted average of the
24x-coordinates and y-coordinates of each geographic unit center assigned to the

1district, it being assumed for the purpose of this calculation that each population
2data unit possesses uniform density of population.
SJR87,10,53 c. The ratios computed for individual districts under this subdivision may be
4averaged for all districts in a plan in order to compare the overall compactness of 2
5or more alternative redistricting plans for the state or for a portion of the state.
SJR87,10,126 (h) In preparing any redistricting plan, the legislative reference bureau shall
7be strictly nonpartisan. No district may be drawn for the purpose of favoring a
8political party, incumbent legislator or member of Congress, or other person or group
9or, except to the extent required under par. (a), for the purpose of augmenting or
10diluting the voting strength of a language or racial minority group. Except as
11provided in par. (j), in establishing districts, no use shall be made of any of the
12following data:
SJR87,10,1313 1. The residence addresses of incumbent legislators or members of Congress.
SJR87,10,1414 2. Political affiliations of registered voters.
SJR87,10,1515 3. Previous election results.
SJR87,10,1716 4. Demographic information except as necessary to meet the requirements of
17pars. (a) and (j).
SJR87,10,2218 (i) Except as otherwise provided in this paragraph, to the extent possible, each
19congressional district shall contain only whole senate districts. The other standards
20specified in this subsection shall take precedence where a conflict arises between
21those standards and the requirement of including only whole senate districts within
22a congressional district.
SJR87,11,323 (j) In preparing any redistricting plan, the legislative reference bureau shall
24test the efficiency gap and competitiveness of each district and make the test results
25available to the public, including publishing the results on its Internet site, no later

1than 72 hours prior to the first public hearing on the proposed plan. The legislative
2reference bureau may use the data described under par. (h) 2. to 4. to perform the
3tests under this paragraph.
SJR87,11,44 (6) Each bill delivered under sub. (4) shall provide all of the following:
SJR87,11,65 (a) That, wherever territory is described in the bill by geographic boundaries,
6the following conventions are used:
SJR87,11,87 1. Each bound continues to the intersection with the bound next named, or to
8the intersection with a straight-line extension of such bound.
SJR87,11,109 2. If the bound is a street, it follows the center line of the street or the center
10line of the street extended.
SJR87,11,1211 3. If the bound is a railroad right-of-way, it follows the center line of the
12railroad right-of-way.
SJR87,11,1413 4. If the bound is a river or stream, it follows the center of the main channel of
14such river or stream.
SJR87,11,1515 5. If the bound follows a municipal boundary, it coincides with such boundary.
SJR87,11,1916 (b) That the bill first applies, with respect to regular elections, to offices filled
17at the next occurring general election after the bill takes effect and, with respect to
18special or recall elections, to offices filled or contested on or after the date of that
19general election.
SJR87,12,420 (7) If an action is brought challenging a legislative redistricting plan under this
21section on the basis of an excessive population variance among senate or assembly
22districts established in the plan, the legislature has the burden of justifying any
23variance in excess of 10 percent between the population of a senate or assembly
24district and the applicable ideal district population. If an action is brought
25challenging a congressional redistricting plan under this section on the basis of an

1excessive population variance among congressional districts established in the plan,
2the legislature has the burden of justifying any variance in excess of 1 percent
3between the population of a congressional district and the applicable ideal district
4population.
SJR87,12,55 (8) (a) In this subsection:
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