LRB-0951/1
JK:amn
2021 - 2022 LEGISLATURE
March 10, 2021 - Introduced by Representatives Spreitzer, S. Rodriguez,
Neubauer, Anderson, Andraca, Baldeh, Billings, Brostoff, Cabrera,
Conley, Emerson, Goyke, Hebl, Hesselbein, Hong, Pope, Shankland,
Shelton, Sinicki, Subeck and Vruwink, cosponsored by Senators Larson and
L. Taylor. Referred to Committee on Campaigns and Elections.
AB150,2,8
1An Act to repeal 5.02 (22), 5.58, 8.05 (3), 8.05 (5), 8.11, 8.13, 10.02 (3) (b) 4., 10.06
2(2) (b), 10.06 (2) (d), 10.06 (3) (as), 10.06 (3) (b), 11.0101 (33), 11.0204 (2), 11.0304
3(2), 11.0504 (2), 11.0604 (2), 11.0704 (2), 11.0804 (2), 60.10 (1) (c) 2., 117.22 (2)
4(e) and 120.06 (7) (b);
to renumber 60.10 (1) (c) 1. and 120.06 (7) (a);
to
5renumber and amend 7.60 (4) (c);
to amend 5.01 (4) (a), 5.01 (4) (b), 5.01 (4)
6(c), 5.01 (5), 5.02 (19), 5.02 (20r), 5.15 (6) (b), 5.60 (1) (ag), 5.64 (1) (ar) 1m., 5.64
7(1) (ar) 2., 5.66 (1), 5.68 (5), 7.08 (1) (c), 7.10 (6), 7.50 (1) (b), 7.50 (1) (c), 7.50 (2)
8(intro.), 7.50 (2) (hm), 7.51 (4) (a), 7.51 (5) (a) 3., 7.53 (1) (a), 7.53 (2) (d), 7.53 (3)
9(a), 7.53 (3) (b), 7.60 (4) (a), 7.60 (4) (b), 7.70 (3) (a), 8.05 (4) (a), 8.10 (1), 8.17 (1)
10(a), 8.17 (4), 8.17 (5) (b), 8.50 (2) (a), 8.50 (2) (b), 8.50 (3) (a), 8.50 (3) (b), 10.01
11(2) (d), 10.01 (2) (e), 10.02 (3) (intro.), 10.06 (1) (c), 10.06 (1) (e), 10.06 (3) (am),
1210.06 (3) (bm), 10.06 (3) (f), 10.06 (4) (g), 11.0101 (29), 11.0204 (3) (a), 11.0304
13(3) (a), 11.0504 (3) (a), 11.0604 (3) (a), 11.0804 (3) (a), 38.16 (3) (br) 1., 59.17 (7),
1459.605 (3) (a) 1., 64.04 (2), 66.0602 (4) (a), 66.0619 (2m) (b), 66.0921 (2), 67.05
1(6a) (a) 2. a., 67.05 (6m) (b), 67.12 (12) (e) 5., 77.994 (3) (b) 2. b., 119.08 (2), 120.06
2(8) (a), 120.06 (8) (b), 120.06 (8) (c) (intro.), 120.06 (8) (d), 120.06 (8) (f), 120.06
3(8) (g), 120.06 (8) (h), 120.06 (9) (a), 121.91 (3) (a) 1. and 995.20; and
to create
45.05 (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
5(4), 11.0204 (3) (am), 11.0304 (3) (am), 11.0504 (3) (am), 11.0604 (3) (am),
611.0804 (3) (am), 20.510 (1) (ed) and 20.510 (1) (em) of the statutes;
relating
7to: ranked-choice voting, granting rule-making authority, and making an
8appropriation.
Analysis by the Legislative Reference Bureau
This bill requires ranked-choice voting for the election of all federal, state, and
local officials, not including recall elections for any such officials. 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 other than a special
primary for a partisan office, the partisan primary, and the presidential preference
primary. At the partisan primary, ranked-choice voting is used to determine the
candidate for each political party on the ballot who shall advance to the general
election. At the special primary, ranked-choice voting is used to determine the
candidate for each political party on the ballot who shall advance to the special
election. At the presidential preference primary, ranked-choice voting is used to
express preferences for the person to be the presidential candidate for each party in
a year in which electors for president and vice president are to be elected.
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 counties
and municipalities 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:
AB150,1
1Section 1
. 5.01 (4) (a) of the statutes is amended to read:
AB150,3,82
5.01
(4) (a)
If Except as provided under s. 7.62, if 2 or more candidates for the
3same office receive the greatest, but an equal number of votes, the winner shall be
4chosen by lot in the presence of the board of canvassers charged with the
5responsibility to determine the election, or in the case of an election for state or
6national office or metropolitan sewerage commissioner, if the commissioner is
7elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections
8commission or the chairperson's designee.
AB150,2
9Section 2
. 5.01 (4) (b) of the statutes is amended to read:
AB150,4,210
5.01
(4) (b)
If Except as provided under s. 7.62, if, in a primary, 2 or more
11candidates receive an equal but not the greatest number of votes so that only one of
1those candidates with equal votes may advance to the final election, the choice shall
2similarly be made by drawing lots.
AB150,3
3Section 3
. 5.01 (4) (c) of the statutes is amended to read:
AB150,4,74
5.01
(4) (c)
The For purposes of pars. (a) and (b), the candidates may, if all those
5tied for the same office are present, draw for themselves. Upon refusal or absence
6of any of the candidates, the board of canvassers shall appoint a competent person
7to draw, and upon the results declare and certify the winner.
AB150,4
8Section 4
. 5.01 (5) of the statutes is amended to read:
AB150,4,169
5.01
(5) Election of governor and lieutenant governor. (a) In every general
10election to choose the governor and the lieutenant governor,
each elector shall have
11a single vote applicable to both offices. The the persons receiving the
greatest
12number of legal majority of highest-ranked votes cast jointly for them for governor
13and lieutenant governor shall be declared elected, and
the canvassers shall so
14determine and certify if no persons receive a majority of highest-ranked votes cast
15jointly for governor and lieutenant governor, the election shall be determined under
16s. 7.62.
AB150,4,2117
(b)
In case If 2 or more slates have an equal and the highest number of votes
18for governor and lieutenant governor
after the canvass under s. 7.62, the 2 houses
19of the legislature shall at the next annual session choose by joint ballot one of the
20slates so having an equal and the highest number of votes for governor and
21lieutenant governor.
AB150,5
22Section 5
. 5.02 (19) of the statutes is amended to read:
AB150,4,2423
5.02
(19) “Special election" means any election, other than those described in
24subs. (5), (12s),
and (21)
, and (22), to fill vacancies or to conduct a referendum.
AB150,6
25Section 6
. 5.02 (20r) of the statutes is amended to read:
AB150,5,3
15.02
(20r) “Special referendum" means any referendum held at a special
2election which is not held concurrently with the elections described in sub. (5), (12s),
3or (21)
, or (22).
AB150,7
4Section 7
. 5.02 (22) of the statutes is repealed.
AB150,8
5Section 8
. 5.05 (1) (g) of the statutes is created to read:
AB150,5,96
5.05
(1) (g) Make grants to counties and municipalities to update equipment
7and software, including the implementation of secure technologies, to administer
8ranked-choice voting under s. 5.20 and the canvass procedure for ranked-choice
9voting under s. 7.62.
AB150,9
10Section 9
. 5.15 (6) (b) of the statutes is amended to read:
AB150,6,1211
5.15
(6) (b) No later than 30 days before each election, the governing body of
12any municipality may by resolution combine 2 or more wards for voting purposes to
13facilitate using a common polling place. Whenever wards are so combined, the
14original ward numbers shall continue to be utilized for all official purposes. Except
15as otherwise authorized under this paragraph, every municipality having a
16population of 35,000 or more shall maintain separate returns for each ward so
17combined. In municipalities having a population of 35,000 or more, the governing
18body may provide in a resolution that returns for any ward having a population of
1920 or less be combined with returns for any adjacent ward, if the total population of
20the combined wards does not exceed the applicable population range under sub. (2)
21(b) for wards in that municipality. In municipalities having a population of less than
2235,000, the governing body may provide in the resolution that returns shall be
23maintained only for each group of combined wards at any election. Whenever a
24governing body provides that returns shall be maintained only for combined wards
25under this paragraph, the municipality shall report separate results for each
1separate ballot required under ss.
5.58
5.60 to 5.64. The municipal clerk shall
2transmit a copy of the resolution to the county clerk of each county in which the
3municipality is contained. In municipalities having a population of less than 35,000,
4the resolution shall remain in effect for each election until modified or rescinded, or
5until a new division is made under this section. Whenever needed for purposes of this
6paragraph, the municipal clerk shall determine the population of each ward in his
7or her municipality. If the population of a ward cannot be determined from census
8results, the clerk shall determine the population of the smallest unit encompassing
9the entire ward that can be determined from census results. The clerk shall then
10divide the land area of the ward by the land area of that unit. The clerk shall then
11multiply that result by the population of the unit to determine the population of the
12ward for purposes of this paragraph.
AB150,10
13Section 10
. 5.20 of the statutes is created to read:
AB150,6,17
145.20 Ranked-choice voting. (1) In this section, “ranked-choice voting"
15means a voting method in which the electors voting in an election for an elective office
16are permitted to indicate and order their preferences for all candidates whose names
17appear on the ballot for the same office or seat.
AB150,6,19
18(2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d) and (e) and (4) (f), all
19elections shall be conducted using ranked-choice voting.
AB150,7,3
20(3) An elector may rank as many preferences for each office as there are
21candidates for the office whose names appear on the ballot. If more than one seat on
22a governing body is to be filled at large, the procedure under s. 7.62 (3) applies. If
23write-in votes are permitted, a voter may vote for a write-in candidate in addition
24to any candidate whose name appears on the ballot. To indicate a preference, an
25elector shall mark his or her ballot with or cause the voting machine to indicate the
1elector's first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector
2is not required to indicate a choice and is not required to indicate as many choices
3as the elector is eligible to indicate.
AB150,11
4Section 11
. 5.58 of the statutes is repealed.
AB150,12
5Section 12
. 5.60 (1) (ag) of the statutes is amended to read:
AB150,7,146
5.60
(1) (ag) There shall be one separate ballot for state superintendent,
7judicial officers, county executive, county comptroller in counties having a
8population of 750,000 or more, and county supervisor, except as authorized in s.
95.655. For county supervisor, the ballot shall be prepared in accordance with
ss. 5.58
10(2) and s. 59.10 (3). Arrangement of the names of candidates for county executive,
11county comptroller, county supervisor, and municipal judge, if the judge is elected
12under s. 755.01 (4), shall be determined by the county clerk or the executive director
13of the county board of election commissioners
determining ballot arrangement under
14s. 5.58 (1c), in the manner prescribed in par. (b).
AB150,13
15Section 13
. 5.64 (1) (ar) 1m. of the statutes is amended to read:
AB150,7,1916
5.64
(1) (ar) 1m. When voting for president and vice president, the ballot shall
17permit an elector to vote only for the candidates on one ticket jointly or to write in
18the names of persons in both spaces
, except that the elector may rank his or her
19preference for each set of candidates as provided under s. 5.20.
AB150,14
20Section 14
. 5.64 (1) (ar) 2. of the statutes is amended to read:
AB150,7,2421
5.64
(1) (ar) 2. When voting for governor and lieutenant governor, the ballot
22shall permit an elector to vote only for the candidates on one ticket jointly or write
23in the names of persons in both spaces
, except that the elector may rank his or her
24preference for each set of candidates as provided under s. 5.20.
AB150,15
25Section 15
. 5.66 (1) of the statutes is amended to read:
AB150,8,8
15.66
(1) For local elections, where necessary, municipal clerks shall have
2sufficient ballots printed or otherwise prepared whenever a voting system does not
3utilize printed ballots to assure a ballot for all electors or voting machines. For all
4other elections the municipal clerks shall certify to their county clerk, on the first day
5of the 2nd month preceding the month in which the
primary election is held, the
6approximate number of electors in the municipality. The county clerk shall total
7these estimates and order a sufficient supply to assure ballots for all electors and
8voting machines.
AB150,16
9Section 16
. 5.68 (5) of the statutes is amended to read:
AB150,8,1610
5.68
(5) If a charge is made for the use of a polling place, the charge shall be
11paid by the municipality establishing the polling place under s. 5.25 (2) unless the
12polling place is used to conduct a special election that is called by a unit of
13government other than the state or the municipality establishing the polling place
14and the special election is not held concurrently with an election specified in s. 5.02
15(5), (12s),
or (21)
, or (22). In such case the charge shall be paid by the unit of
16government that calls the special election.
AB150,17
17Section 17
. 6.80 (2) (g) of the statutes is created to read:
AB150,9,318
6.80
(2) (g) In elections for offices at which ranked-choice voting under s. 5.20
19is used, an elector may rank as many preferences for each office or seat as there are
20candidates whose names appear on the ballot for that office or seat. If more than one
21seat on a governing body is to be filled at large, an elector may rank as many
22preferences for that office or seat as there are candidates whose names appear on the
23ballot for all of the seats to be filled. If write-in votes are permitted, a voter may vote
24for a write-in candidate in addition to any candidate whose name appears on the
25ballot. An elector who indicates preferences for candidates for an office or seat must
1indicate a different preference for each candidate for that office or seat. If an elector
2casts more than one vote for any office or seat without indicating preferences, the
3elector's intent shall be determined as provided under s. 7.62 (4).
AB150,18
4Section
18. 7.08 (1) (c) of the statutes is amended to read:
AB150,9,95
7.08
(1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33
6(1), 6.47 (1) (am) 2. and (3), 6.55 (2),
and 6.86 (2) to (3)
, and 7.62 (1m). All such forms
7shall contain a statement of the penalty applicable to false or fraudulent registration
8or voting through use of the form. Forms are not required to be furnished by the
9commission.
AB150,19
10Section 19
. 7.10 (6) of the statutes is amended to read:
AB150,9,1711
7.10
(6) Municipal judge; certified list. If candidates for the office of a
12municipal judge who is elected under s. 755.01 (4) file nomination papers in the office
13of the county clerk and any municipality served by the judge prepares its own ballots
14for voting machines or an electronic voting system, the county clerk shall certify to
15the municipal clerk of that municipality the names of the candidates for judge as soon
16as possible after the last day for filing nomination papers
and after certification by
17the county board of canvassers of the results of any primary election.
AB150,20
18Section 20
. 7.50 (1) (b) of the statutes is amended to read:
AB150,9,2519
7.50
(1) (b) When an elector casts more votes for any office or measure than he
20or she is entitled to cast at an election, all the elector's votes for that office or measure
21are invalid and the elector is deemed to have voted for none of them, except as
22provided in par. (c) and sub. (2) (d)
and s. 7.62. If an elector casts less votes for any
23office or measure than he or she is entitled to cast at an election, all votes cast by the
24elector shall be counted but no vote shall be counted more than once
, except as
25provided in s. 7.62.
AB150,21
1Section
21. 7.50 (1) (c) of the statutes is amended to read:
AB150,10,42
7.50
(1) (c) If an elector casts more than one vote for the same candidate for the
3same office, the first vote is valid and the remaining votes are invalid
, except as
4provided in s. 7.62.
AB150,22
5Section 22
. 7.50 (2) (intro.) of the statutes is amended to read:
AB150,10,116
7.50
(2) Ascertainment of intent. (intro.) All ballots cast at an election which
7bear the initials of 2 inspectors shall be counted for the person or referendum
8question for whom or for which they were intended, so far as the electors' intent can
9be ascertained from the ballots notwithstanding informality or failure to fully
10comply with other provisions of chs. 5 to 12.
To
Except as otherwise provided under
11s. 7.62, to determine intent:
AB150,23
12Section 23
. 7.50 (2) (hm) of the statutes is amended to read:
AB150,10,1613
7.50
(2) (hm) In a nonpartisan
primary or election using voting machines
, if an
14elector is permitted to vote for more than one candidate for the same office, a write-in
15vote may not be counted if the vote is cast for a candidate whose name appears on
16the ballot for that office.
AB150,24
17Section
24. 7.51 (4) (a) of the statutes is amended to read:
AB150,11,918
7.51
(4) (a) The tally sheets shall state the total number of votes cast for each
19office and for each individual receiving votes for that office, whether or not the
20individual's name appears on the ballot, and shall state the vote for and against each
21proposition voted on.
The tally sheets shall also, for each round of tabulation, state
22the total number of highest-ranked preferences received by each candidate and the
23total number of lesser-ranked preferences received by each candidate, indicating the
24total number for each preference. Upon completion of the tally sheets, the inspectors
25shall immediately complete the inspectors' statement. The inspectors shall state the
1excess, if any, by which the number of ballots exceeds the number of electors voting
2as shown by the poll list and shall state the number of the last elector as shown by
3the poll lists. At least 3 inspectors, including the chief inspector and, unless election
4officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least
5one inspector representing each political party, but not including any inspector
6appointed under s. 7.30 (1) (b), shall then certify to the correctness of the statement
7and tally sheets and sign their names. All other election officials assisting with the
8tally shall also certify to the correctness of the tally sheets. When the tally is
9complete, the inspectors shall publicly announce the results from the statement.
AB150,25
10Section
25. 7.51 (5) (a) 3. of the statutes is amended to read:
AB150,11,1611
7.51
(5) (a) 3. The inspectors shall also seal the inspectors' statement, inside
12a separate carrier envelope, and shall similarly seal in a separate carrier envelope
13one tally sheet and one poll list for delivery to the municipal clerk.
The inspectors
14shall enclose the tally sheet provided under s. 7.62 (1m). For school district elections,
15except in 1st class cities, the inspectors shall seal one tally sheet and one poll list for
16delivery to the school district clerk.
AB150,26
17Section
26. 7.53 (1) (a) of the statutes is amended to read:
AB150,12,2518
7.53
(1) (a) Where the municipality constitutes one ward or combines all wards
19to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at
20the polling place shall be conducted publicly under s. 7.51 and the inspectors, other
21than any inspector appointed under s. 7.30 (1) (b), shall act as the municipal board
22of canvassers. The inspectors shall then complete the return statement for all votes
23cast at the polling place. If there are no provisional ballots that are eligible to be
24counted under s. 6.97 and no absentee ballots are being canvassed under s. 7.52, the
25inspectors may complete and sign the canvass statement and determination on
1election night. In municipalities where absentee ballots are canvassed under s. 7.52,
2after the canvass of the absentee ballots is completed under s. 7.52, the board of
3absentee ballot canvassers shall reconcile the poll list of the electors who vote by
4absentee ballot with the corresponding poll list of the electors who vote in person to
5ensure that no elector is allowed to cast more than one ballot. If an elector who votes
6in person has submitted an absentee ballot, the absentee ballot is void. Except as
7authorized in par. (b), if one or more electors of the municipality have cast provisional
8ballots that are eligible to be counted under s. 6.97, the inspectors, acting as the board
9of canvassers, shall reconvene no later than 9 a.m. on the Monday after the election
10to count the valid provisional ballots and shall adjust the returns accordingly. The
11inspectors, acting as the board of canvassers, need not reconvene if the municipal
12clerk certifies that he or she has received no provisional ballots from the time that
13the board of canvassers completed the initial canvass and 4 p.m. on the Friday after
14the election. Upon completion of the canvass under this paragraph and any canvass
15that is conducted under s. 7.52
or 7.62 and ascertainment of the results by the
16inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52,
17by the inspectors and the board of absentee ballot canvassers, the municipal clerk
18shall publicly read to the inspectors or the board of absentee ballot canvassers the
19names of the persons voted for and the number of votes for each person for each
20municipal office
,; the number of highest-ranked preferences and the number of
21lesser-ranked preferences for each person for each office, indicating the numbers for
22each preference; the names of the persons declared by the inspectors or board of
23absentee ballot canvassers to have won nomination or election to each municipal
24office
,; and the number of votes cast for and against each municipal referendum
25question.