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LRB-2239/1
JK&MPG:skw
2021 - 2022 LEGISLATURE
April 6, 2021 - Introduced by Representatives Kurtz, Riemer, Novak, Kitchens,
Drake, Tusler, Skowronski, B. Meyers, Considine, Subeck, Anderson, Hebl,
Vruwink, Moses, Andraca, McGuire, Dallman, Shankland and Emerson,
cosponsored by Senators Kooyenga and Smith. Referred to Committee on
Campaigns and Elections.
AB244,1,7 1An Act to renumber and amend 7.60 (4) (c) and 8.16 (1); to amend 5.01 (3) (a),
25.01 (4) (a), 5.35 (6) (b), 5.62 (1) (a), 5.62 (1) (b) 2., 5.62 (2) (b), 5.62 (3), 5.81 (4),
35.84 (1), 5.91 (1), 5.91 (6), 6.80 (2) (am), 7.10 (2), 7.50 (1) (b), 7.50 (1) (c), 7.50 (1)
4(d), 7.60 (4) (a), 8.50 (3) (b), 8.50 (3) (c) and 10.02 (3) (b) 2.; and to create 5.20,
55.62 (3m), 6.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62 and 8.16 (1) (b) of the
6statutes; relating to: top-five primaries and instant runoff voting for the
7offices of U.S. senator and U.S. representative in Congress.
Analysis by the Legislative Reference Bureau
Top-five primaries for certain national offices
Under current law, electors voting in a partisan primary may select the party
whose candidates they wish to vote for and may cast votes for candidates only within
that political party. The single candidate who receives the greatest number of votes
for each office within each party is nominated to appear on the general election ballot.
Independent candidates and candidates of minor parties that do not qualify for a
separate party ballot, column, or row do not appear on the partisan primary ballot.
This bill provides that electors may vote in the primary for U.S. senator and
representative in Congress for any candidate regardless of party affiliation, and the
five persons who receive the greatest numbers of votes for each such office are
nominated to appear on the general election ballot. Under the bill, independent

candidates for such offices and candidates of minor parties appear on the top-five
primary ballot, and electors may vote for these candidates in the same manner as
other candidates.
Instant runoff voting for certain national offices in general elections
This bill requires instant runoff voting at the general election for U.S. senator
and representative in Congress. Under instant runoff voting, voters uses a
ranked-choice voting ballot and have the option to cast their vote for each office in
order of preference. If a voter ranks more than one candidate for an office, the voter
must indicate a preference between the candidates by designating one as “first
choice," another as “second choice," and subsequent choices in sequential preference.
A voter may also indicate as one of their preferences one or more write-in candidates
for any office.
If any candidate receives a majority of the first-choice preferences cast, 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. 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.
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:
AB244,1 1Section 1. 5.01 (3) (a) of the statutes is amended to read:
AB244,2,52 5.01 (3) (a) Except as provided in par. (b), and s. 5.20, in every election to choose
3any officer, each elector has one vote for each office unless clearly indicated
4otherwise. The person receiving the greatest number of legal votes for the office shall
5be declared elected, and the canvassers shall so determine and certify.
AB244,2 6Section 2 . 5.01 (4) (a) of the statutes is amended to read:
AB244,3,47 5.01 (4) (a) If Except as provided under s. 7.62 (6), if 2 or more candidates for
8the same office receive the greatest, but an equal number of votes, the winner shall
9be chosen by lot in the presence of the board of canvassers charged with the

1responsibility to determine the election, or in the case of an election for state or
2national office or metropolitan sewerage commissioner, if the commissioner is
3elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections
4commission or the chairperson's designee.
AB244,3 5Section 3 . 5.20 of the statutes is created to read:
AB244,3,10 65.20 Instant runoff voting. (1) In this section, “instant runoff voting" means
7a voting method in which the electors voting at the general election for U.S. senator
8or representative in Congress use a ranked-choice voting ballot that permits them
9to indicate and order their preferences for all candidates whose names appear on the
10ballot for the same office as provided under sub. (3).
AB244,3,14 11(2) Using a ranked-choice voting ballot, an elector may indicate his or her
12preferences for each office, for up to 5 candidates. An elector may indicate a
13preference for a write-in candidate. An elector is not required to rank more than one
14candidate and may rank up to 5 candidates.
AB244,3,16 15(3) (a) For any election using instant runoff voting, the ballot shall allow
16electors to rank candidates in order of preference, including write-in candidates.
AB244,3,1717 (b) The ballot shall allow electors to rank up to 5 candidates.
AB244,3,2018 (c) The ballot shall not interfere with an elector's ability to rank a write-in
19candidate, but a vote for a write-in candidate may only be counted as provided under
20s. 7.50 (2) (em).
AB244,4 21Section 4. 5.35 (6) (b) of the statutes is amended to read:
AB244,4,722 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
23s. 5.655 is used or an electronic voting system is utilized at a partisan primary
24election incorporating a ballot upon which electors may mark votes for candidates
25of more than one recognized political party, the municipal clerk or board of election

1commissioners shall prominently post a sign in the form prescribed by the
2commission warning electors in substance that on any ballot with votes cast for
3candidates of more than one recognized political party, other than candidates for the
4offices of U.S. senator and U.S. representative in Congress,
no votes cast for any
5candidates for partisan office will be counted unless a preference for a party is made.
6If the elector designates a preference, only votes cast for candidates of that
7preference will be counted.
AB244,5 8Section 5. 5.62 (1) (a) of the statutes is amended to read:
AB244,4,259 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
10the nomination of candidates of recognized political parties for national, state and
11county offices and independent candidates for state office in each ward, in the same
12form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
13s. 5.655. The ballots shall be made up of the several party tickets with each party
14entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
15except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
16The party ballot of the party receiving the most votes for president or governor at the
17last general election shall be on top with the other parties arranged in descending
18order based on their vote for president or governor at the last general election. The
19ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
20under par. (b), in the same order in which the parties filed petitions with the
21commission. Any ballot required under par. (b) 2. shall be placed next in order. At
22polling places where voting machines are used, each party shall be represented in
23one or more separate columns or rows on the ballot. At polling places where an
24electronic voting system is used other than an electronic voting machine, each party
25may be represented in separate columns or rows on the ballot.
AB244,6
1Section 6. 5.62 (1) (b) 2. of the statutes is amended to read:
AB244,5,152 5.62 (1) (b) 2. Subdivision 1. applies to a party within any assembly district or
3county at any partisan primary election only if at least one candidate of the party for
4any national, state or county office qualifies to have his or her name appear on the
5ballot under the name of that party within that assembly district or county. The
6county clerk or county board of election commissioners shall provide a combined
7separate ballot or one or more separate columns or rows on the ballot that will permit
8an elector to cast a vote for a write-in candidate for the nomination of any such party
9for each national, state and county office whenever that party qualifies to be
10represented on a separate primary ballot or in one or more separate columns or rows
11under subd. 1. but does not qualify under this subdivision. The ballot shall include
12the name of each party qualifying for a separate ballot or one or more separate
13columns or rows on the ballot under each office, with the names of the candidates for
14each such party appearing in the same order in which the ballots of the parties would
15appear under par. (a).
AB244,7 16Section 7. 5.62 (2) (b) of the statutes is amended to read:
AB244,6,517 5.62 (2) (b) Paragraph (a) applies to a party within any assembly district or
18county at any partisan primary election only if at least one candidate of the party for
19any national, state or county office qualifies to have his or her name appear on the
20ballot under the name of that party within that assembly district or county. The
21county clerk or county board of election commissioners shall provide a combined
22separate ballot or one or more separate columns or rows on the ballot that will permit
23an elector to cast a vote for a write-in candidate for the nomination of any such party
24for each national, state and county office whenever that party qualifies to be
25represented on a separate primary ballot or in one or more separate columns or rows

1under par. (a) but does not qualify under this paragraph. The ballot shall include the
2name of each party qualifying for a separate ballot or one or more separate columns
3or rows on the ballot under each office, with the names of the candidates for each such
4party appearing in the same order in which the ballots of the parties would appear
5under sub. (1) (a).
AB244,8 6Section 8. 5.62 (3) of the statutes is amended to read:
AB244,6,157 5.62 (3) The commission shall designate the official primary ballot
8arrangement for statewide offices and district attorney within each prosecutorial
9district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and
10on each separate column or row on the ballot, the candidates for office shall be listed
11together with the offices which they seek in the following order whenever these
12offices appear on the partisan primary ballot: governor, lieutenant governor,
13attorney general, secretary of state, state treasurer, U.S. senator, U.S.
14representative in congress,
state senator, representative to the assembly, district
15attorney and the county offices.
AB244,9 16Section 9. 5.62 (3m) of the statutes is created to read:
AB244,6,2417 5.62 (3m) At the partisan primary, the following ballot shall be provided for the
18nomination of candidates for U.S. senator and U.S. representative in Congress, in
19the same form as prescribed by the commission under s. 7.08 (1) (a), except as
20authorized in s. 5.655. The names of all candidates shall appear on the ballot. Below
21the name of each candidate shall appear the candidate's political party or the
22candidate's political party preference or statement of principles, if any, in 5 words or
23less, as shown on the candidate's nomination papers. The order of candidates on the
24ballot shall be determined by lot by or under the supervision of the commission.
AB244,10 25Section 10. 5.81 (4) of the statutes is amended to read:
AB244,7,5
15.81 (4) In partisan primary elections, except with respect to the offices of U.S.
2senator and U.S. representative in Congress,
if a ballot contains the names of
3candidates of more than one party, it shall provide a space for electors to designate
4a party preference. Failure to designate a preference does not invalidate any votes
5cast by an elector, except as provided in s. 7.50 (1) (d).
AB244,11 6Section 11. 5.84 (1) of the statutes is amended to read:
AB244,8,27 5.84 (1) Where any municipality employs an electronic voting system which
8utilizes automatic tabulating equipment, either at the polling place or at a central
9counting location, the municipal clerk shall, on any day not more than 10 days prior
10to the election day on which the equipment is to be utilized, have the equipment
11tested to ascertain that it will correctly count the votes cast for all offices and on all
12measures. Public notice of the time and place of the test shall be given by the clerk
13at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
14one or more newspapers published within the municipality if a newspaper is
15published therein, otherwise in a newspaper of general circulation therein. The test
16shall be open to the public. The test shall be conducted by processing a preaudited
17group of ballots so marked as to record a predetermined number of valid votes for
18each candidate and on each referendum. The test shall include for each office one
19or more ballots which have votes in excess of the number allowed by law and, for a
20partisan primary election, except with respect to the offices of U.S. senator and U.S.
21representative in Congress,
one or more ballots which have votes cast for candidates
22of more than one recognized political party, in order to test the ability of the
23automatic tabulating equipment to reject such votes. If any error is detected, the
24municipal clerk shall ascertain the cause and correct the error. The clerk shall make

1an errorless count before the automatic tabulating equipment is approved by the
2clerk for use in the election.
AB244,12 3Section 12 . 5.91 (1) of the statutes is amended to read:
AB244,8,64 5.91 (1) It enables an elector to vote in secrecy and, except with respect to the
5offices of U.S. senator and U.S. representative in Congress,
to select the party for
6which an elector will vote in secrecy at a partisan primary election.
AB244,13 7Section 13. 5.91 (6) of the statutes is amended to read:
AB244,8,148 5.91 (6) The Except with respect to the offices of U.S. senator and U.S.
9representative in Congress, the
voting device or machine permits an elector in a
10primary election to vote for the candidates of the recognized political party of his or
11her choice, and the automatic tabulating equipment or machine rejects any ballot on
12which votes are cast in the primary of more than one recognized political party,
13except where a party designation is made or where an elector casts write-in votes
14for candidates of more than one party on a ballot that is distributed to the elector.
AB244,14 15Section 14 . 6.80 (2) (am) of the statutes is amended to read:
AB244,8,2216 6.80 (2) (am) In partisan primaries, except with respect to the offices of U.S.
17senator and U.S. representative in Congress,
an elector may vote for a person as the
18candidate of the party of the elector's choice, if that person's name does not appear
19on the official ballot of that party, by writing in the name of the person in the space
20provided on the ballot or the ballot provided for that purpose, or where voting
21machines are used, in the irregular ballot device, designating the party for which the
22elector desires such person to be the nominee.
AB244,15 23Section 15 . 6.80 (2) (g) of the statutes is created to read:
AB244,9,324 6.80 (2) (g) In elections for offices at which instant runoff voting under s. 5.20
25is used, an elector may indicate his or her preferences for each office, for up to 5

1candidates, including a write-in candidate. An elector who indicates preferences for
2candidates for an office must indicate a different preference for each candidate for
3that office.
AB244,16 4Section 16 . 7.10 (2) of the statutes is amended to read:
AB244,9,145 7.10 (2) Preparing ballots. The county clerk shall prepare copy for the official
6ballots immediately upon receipt of the certified list of candidates' names from the
7commission. Names certified by the commission shall be arranged in the order
8certified. The county clerk shall place the names of all candidates filed in the clerk's
9office or certified to the clerk by the commission on the proper ballot or ballots under
10the appropriate office and party titles. The county clerk shall prepare a special ballot
11under s. 5.60 (8) showing only the candidates in the presidential preference primary.
12The county clerk shall prepare a special ballot under s. 5.62 (3m) showing only the
13candidates for the offices of U.S. senator and U.S. representative in Congress in the
14partisan primary.
AB244,17 15Section 17 . 7.50 (1) (b) of the statutes is amended to read:
AB244,9,2216 7.50 (1) (b) When an elector casts more votes for any office or measure than he
17or she is entitled to cast at an election, all the elector's votes for that office or measure
18are invalid and the elector is deemed to have voted for none of them, except as
19provided in par. (c) and, sub. (2) (d), and s. 7.62. If an elector casts less votes for any
20office or measure than he or she is entitled to cast at an election, all votes cast by the
21elector shall be counted but no vote shall be counted more than once , except as
22provided in s. 7.62
.
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