AB244: Bill Text

AB244,12,15 (a) “Active candidate” means any candidate that has not been defeated or elected.

AB244,12,17 (b) “Exhausted ballot” means a ballot that does not contain a highest-ranked active candidate and is not an abstention or an overvote.

AB244,12,19 (c) “Highest-ranked active candidate” means the active candidate assigned to a higher ranking than any other active candidates.

AB244,12,21 (d) “Overvote” means an instance in which an elector has ranked more than one candidate at the same ranking.

AB244,12,24 (e) “Ranking order” means the number available to be assigned by an elector to a candidate to express the elector's preference for that candidate. The number “1” is the highest ranking order, followed by “2,” and then “3,” and so on.

AB244,13,2 (f) “Round” means an instance of the sequence of voting tabulation beginning with sub. (3) (a).

AB244,13,6 (2) Tally sheets. The commission shall prescribe a tally sheet form for canvassing of the elections in which instant runoff voting under s. 5.20 is used. The inspectors shall use the form in preparing the returns and shall retain the form as a part of the official returns.

AB244,13,9 (3) Tabulation. In any election for exactly one office conducted by instant runoff voting under s. 5.20, tabulation proceeds in rounds. Each round proceeds sequentially as follows:

AB244,13,13 (a) Each ballot shall count as one vote for the highest-ranked active candidate on that ballot. If 2 or fewer active candidates remain, the candidate with the fewest votes is defeated, the candidate with the greatest number of votes is elected, and tabulation is complete.

AB244,13,16 (b) If more than 2 active candidates remain, and no active candidate has over 50 percent of the votes cast, the active candidate with the fewest votes is defeated, and a new round begins under par. (a).

AB244,13,20 (4) Inactive ballots. In any round of tabulation in an election conducted by instant runoff voting under s. 5.20, a ballot that does not contain a highest-ranked active candidate shall not count for any candidate. Instead, the ballot shall be counted as an overvote or exhausted ballot.

AB244,14,4 (5) Batch elimination. In any election conducted by instant runoff voting under s. 5.20, the chief election officer may modify the tabulation to include batch elimination. If the tabulation includes batch elimination, then any time the active candidate with the fewest votes would be defeated under sub. (3) (b), each active candidate in the elimination batch shall be simultaneously defeated instead. An active candidate is in the elimination batch if the number of elected and active candidates with more votes than that candidate is greater than the number of offices to be elected and it is mathematically impossible for that candidate to be elected for any of the following reasons:

AB244,14,5 (a) The candidate has fewer votes than any other active candidate.

AB244,14,8 (b) The candidate's current vote total, plus all votes that could possibly be transferred to the candidate in future rounds, would not be enough to equal or surpass the active candidate with the next highest current vote total.

AB244,14,10 (c) The candidate has a lower current vote total than an active candidate described under par. (b).

AB244,14,14 (6) Ties. If 2 or more candidates are tied with the fewest votes and tabulation cannot continue until the candidate with the fewest votes is defeated, then the candidate to be defeated shall be determined by lot. Election officials may resolve prospective ties between candidates prior to tabulation after all votes are cast.

AB244,14,16 (7) Administration. The commission shall promulgate rules for the administration of this section.

AB244,25 Section 25. 8.16 (1) of the statutes is renumbered 8.16 (1) (a) and amended to read:

AB244,14,23 8.16 (1) (a) Except as provided in par. (b) and sub. (2), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person's name appears on the ballot, shall be the party's candidate for the office, and the person's name shall so appear on the official ballot at the next election.

AB244,26 Section 26. 8.16 (1) (b) of the statutes is created to read:

AB244,15,3 8.16 (1) (b) The 5 persons who receive the greatest number of votes for the offices of U.S. senator and U.S. representative in Congress at any partisan primary shall be the persons whose names appear on the official ballot at the next election.

AB244,27 Section 27. 8.50 (3) (b) of the statutes is amended to read:

AB244,15,17 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 under s. 8.10 are applicable to all nonpartisan primaries 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, other than for the offices of U.S. senator and U.S. representative in Congress, 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.

AB244,28 Section 28. 8.50 (3) (c) of the statutes is amended to read:

AB244,16,2 8.50 (3) (c) Notwithstanding ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f), except with respect to the offices of U.S. senator and U.S. representative in Congress, whenever a special partisan primary is held concurrently with the presidential preference primary, an elector may choose the party column or ballot in which the elector will cast his or her vote separately for each of the 2 primaries. Whenever 2 or more special partisan primaries or one or more special partisan primaries and a partisan primary are held concurrently, the procedure prescribed in ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f) applies.

AB244,29 Section 29 . 10.02 (3) (b) 2. of the statutes is amended to read:

AB244,16,9 10.02 (3) (b) 2. At a partisan primary, the elector shall select the party ballot of his or her choice, other than with respect to the offices of U.S. senator and U.S. representative in Congress, and shall make a cross (X) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote, or shall, if applicable, insert or write in the name of the elector's choice for a candidate.

AB244,30 Section 30. Initial applicability.

AB244,16,11 (1) This act first applies to the 2022 partisan primary and general election.

AB244,16,12 (End)