SB240: Bill Text

SB240,7 Section 7 . 5.02 (22) of the statutes is repealed.

SB240,8 Section 8 . 5.05 (1) (g) of the statutes is created to read:

SB240,5,9 5.05 (1) (g) Make grants to counties and municipalities to update equipment and software, including the implementation of secure technologies, to administer ranked-choice voting under s. 5.20 and the canvass procedure for ranked-choice voting under s. 7.62.

SB240,9 Section 9 . 5.15 (6) (b) of the statutes is amended to read:

SB240,6,12 5.15 (6) (b) No later than 30 days before each election, the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of 35,000 or more, the governing body may provide in a resolution that returns for any ward having a population of 20 or less be combined with returns for any adjacent ward, if the total population of the combined wards does not exceed the applicable population range under sub. (2) (b) for wards in that municipality. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides that returns shall be maintained only for combined wards under this paragraph, the municipality shall report separate results for each separate ballot required under ss. 5.58 5.60 to 5.64. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section. Whenever needed for purposes of this paragraph, the municipal clerk shall determine the population of each ward in his or her municipality. If the population of a ward cannot be determined from census results, the clerk shall determine the population of the smallest unit encompassing the entire ward that can be determined from census results. The clerk shall then divide the land area of the ward by the land area of that unit. The clerk shall then multiply that result by the population of the unit to determine the population of the ward for purposes of this paragraph.

SB240,10 Section 10 . 5.20 of the statutes is created to read:

SB240,6,17 5.20 Ranked-choice voting. (1) In this section, “ranked-choice voting" means a voting method in which the electors voting in an election for an elective office are permitted to indicate and order their preferences for all candidates whose names appear on the ballot for the same office or seat.

SB240,6,19 (2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d) and (e) and (4) (f), all elections shall be conducted using ranked-choice voting.

SB240,7,3 (3) An elector may rank as many preferences for each office as there are candidates for the office whose names appear on the ballot. If more than one seat on a governing body is to be filled at large, the procedure under s. 7.62 (3) applies. If write-in votes are permitted, a voter may vote for a write-in candidate in addition to any candidate whose name appears on the ballot. To indicate a preference, an elector shall mark his or her ballot with or cause the voting machine to indicate the elector's first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector is not required to indicate a choice and is not required to indicate as many choices as the elector is eligible to indicate.

SB240,11 Section 11 . 5.58 of the statutes is repealed.

SB240,12 Section 12 . 5.60 (1) (ag) of the statutes is amended to read:

SB240,7,14 5.60 (1) (ag) There shall be one separate ballot for state superintendent, judicial officers, county executive, county comptroller in counties having a population of 750,000 or more, and county supervisor, except as authorized in s. 5.655. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and s. 59.10 (3). Arrangement of the names of candidates for county executive, county comptroller, county supervisor, and municipal judge, if the judge is elected under s. 755.01 (4), shall be determined by the county clerk or the executive director of the county board of election commissioners determining ballot arrangement under s. 5.58 (1c), in the manner prescribed in par. (b).

SB240,13 Section 13 . 5.64 (1) (ar) 1m. of the statutes is amended to read:

SB240,7,19 5.64 (1) (ar) 1m. When voting for president and vice president, the ballot shall permit an elector to vote only for the candidates on one ticket jointly or to write in the names of persons in both spaces, except that the elector may rank his or her preference for each set of candidates as provided under s. 5.20.

SB240,14 Section 14 . 5.64 (1) (ar) 2. of the statutes is amended to read:

SB240,7,24 5.64 (1) (ar) 2. When voting for governor and lieutenant governor, the ballot shall permit an elector to vote only for the candidates on one ticket jointly or write in the names of persons in both spaces, except that the elector may rank his or her preference for each set of candidates as provided under s. 5.20.

SB240,15 Section 15 . 5.66 (1) of the statutes is amended to read:

SB240,8,8 5.66 (1) For local elections, where necessary, municipal clerks shall have sufficient ballots printed or otherwise prepared whenever a voting system does not utilize printed ballots to assure a ballot for all electors or voting machines. For all other elections the municipal clerks shall certify to their county clerk, on the first day of the 2nd month preceding the month in which the primary election is held, the approximate number of electors in the municipality. The county clerk shall total these estimates and order a sufficient supply to assure ballots for all electors and voting machines.

SB240,16 Section 16 . 5.68 (5) of the statutes is amended to read:

SB240,8,16 5.68 (5) If a charge is made for the use of a polling place, the charge shall be paid by the municipality establishing the polling place under s. 5.25 (2) unless the polling place is used to conduct a special election that is called by a unit of government other than the state or the municipality establishing the polling place and the special election is not held concurrently with an election specified in s. 5.02 (5), (12s), or (21), or (22). In such case the charge shall be paid by the unit of government that calls the special election.

SB240,17 Section 17 . 6.80 (2) (g) of the statutes is created to read:

SB240,9,3 6.80 (2) (g) In elections for offices at which ranked-choice voting under s. 5.20 is used, an elector 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 more than one seat on a governing body is to be filled at large, an elector may rank as many preferences for that office or seat as there are candidates whose names appear on the ballot for all of the seats to be filled. If write-in votes are permitted, a voter may vote for a write-in candidate in addition to any candidate whose name appears on the ballot. An elector who indicates preferences for candidates for an office or seat must indicate a different preference for each candidate for that office or seat. If an elector casts more than one vote for any office or seat without indicating preferences, the elector's intent shall be determined as provided under s. 7.62 (4).

SB240,18 Section 18. 7.08 (1) (c) of the statutes is amended to read:

SB240,9,9 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3), and 7.62 (1m). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the commission.

SB240,19 Section 19 . 7.10 (6) of the statutes is amended to read:

SB240,9,17 7.10 (6) Municipal judge; certified list. If candidates for the office of a municipal judge who is elected under s. 755.01 (4) file nomination papers in the office of the county clerk and any municipality served by the judge prepares its own ballots for voting machines or an electronic voting system, the county clerk shall certify to the municipal clerk of that municipality the names of the candidates for judge as soon as possible after the last day for filing nomination papers and after certification by the county board of canvassers of the results of any primary election.

SB240,20 Section 20 . 7.50 (1) (b) of the statutes is amended to read:

SB240,9,25 7.50 (1) (b) When an elector casts more votes for any office or measure than he or she is entitled to cast at an election, all the elector's votes for that office or measure are invalid and the elector is deemed to have voted for none of them, except as provided in par. (c) and sub. (2) (d) and s. 7.62. If an elector casts less votes for any office or measure than he or she is entitled to cast at an election, all votes cast by the elector shall be counted but no vote shall be counted more than once , except as provided in s. 7.62.

SB240,21 Section 21. 7.50 (1) (c) of the statutes is amended to read:

SB240,10,4 7.50 (1) (c) If an elector casts more than one vote for the same candidate for the same office, the first vote is valid and the remaining votes are invalid , except as provided in s. 7.62.

SB240,22 Section 22 . 7.50 (2) (intro.) of the statutes is amended to read:

SB240,10,11 7.50 (2) Ascertainment of intent. (intro.) All ballots cast at an election which bear the initials of 2 inspectors shall be counted for the person or referendum question for whom or for which they were intended, so far as the electors' intent can be ascertained from the ballots notwithstanding informality or failure to fully comply with other provisions of chs. 5 to 12. To Except as otherwise provided under s. 7.62, to determine intent:

SB240,23 Section 23 . 7.50 (2) (hm) of the statutes is amended to read:

SB240,10,16 7.50 (2) (hm) In a nonpartisan primary or election using voting machines, if an elector is permitted to vote for more than one candidate for the same office, a write-in vote may not be counted if the vote is cast for a candidate whose name appears on the ballot for that office.

SB240,24 Section 24. 7.51 (4) (a) of the statutes is amended to read:

SB240,11,9 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. The tally sheets shall also, for each round of tabulation, state the total number of highest-ranked preferences received by each candidate and the total number of lesser-ranked preferences received by each candidate, indicating the total number for each preference. Upon completion of the tally sheets, the inspectors shall immediately complete the inspectors' statement. The inspectors shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll list and shall state the number of the last elector as shown by the poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, but not including any inspector appointed under s. 7.30 (1) (b), shall then certify to the correctness of the statement and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statement.

SB240,25 Section 25. 7.51 (5) (a) 3. of the statutes is amended to read:

SB240,11,16 7.51 (5) (a) 3. The inspectors shall also seal the inspectors' statement, inside a separate carrier envelope, and shall similarly seal in a separate carrier envelope one tally sheet and one poll list for delivery to the municipal clerk. The inspectors shall enclose the tally sheet provided under s. 7.62 (1m). For school district elections, except in 1st class cities, the inspectors shall seal one tally sheet and one poll list for delivery to the school district clerk.

SB240,26 Section 26. 7.53 (1) (a) of the statutes is amended to read:

SB240,12,25 7.53 (1) (a) Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted publicly under s. 7.51 and the inspectors, other than any inspector appointed under s. 7.30 (1) (b), shall act as the municipal board of canvassers. The inspectors shall then complete the return statement for all votes cast at the polling place. If there are no provisional ballots that are eligible to be counted under s. 6.97 and no absentee ballots are being canvassed under s. 7.52, the inspectors may complete and sign the canvass statement and determination on election night. In municipalities where absentee ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is completed under s. 7.52, the board of absentee ballot canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. Except as authorized in par. (b), if one or more electors of the municipality have cast provisional ballots that are eligible to be counted under s. 6.97, the inspectors, acting as the board of canvassers, shall reconvene no later than 9 a.m. on the Monday after the election to count the valid provisional ballots and shall adjust the returns accordingly. The inspectors, acting as the board of canvassers, need not reconvene if the municipal clerk certifies that he or she has received no provisional ballots from the time that the board of canvassers completed the initial canvass and 4 p.m. on the Friday after the election. Upon completion of the canvass under this paragraph and any canvass that is conducted under s. 7.52 or 7.62 and ascertainment of the results by the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, by the inspectors and the board of absentee ballot canvassers, the municipal clerk shall publicly read to the inspectors or the board of absentee ballot canvassers the names of the persons voted for and the number of votes for each person for each municipal office,; the number of highest-ranked preferences and the number of lesser-ranked preferences for each person for each office, indicating the numbers for each preference; the names of the persons declared by the inspectors or board of absentee ballot canvassers to have won nomination or election to each municipal office,; and the number of votes cast for and against each municipal referendum question.

SB240,27 Section 27. 7.53 (2) (d) of the statutes is amended to read:

SB240,13,22 7.53 (2) (d) In municipalities with one polling place, the canvass shall be conducted under sub. (1) publicly on election night. In other municipalities, the municipal board of canvassers shall publicly canvass the returns of every election. The canvass shall begin no earlier than the time that the municipal board of canvassers receives the returns from all polling places in the municipality on election night and no later than 9 a.m. on the Monday after the election. After any canvass of the absentee ballots is completed under s. 7.52, the board of canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. At the spring election, the board of canvassers shall publicly declare the results on or before the 3rd Tuesday in April. The board of canvassers shall prepare a statement showing the results of each election for any municipal office and each municipal referendum. After each primary for municipal offices, the board of canvassers shall prepare a statement certifying the names of those persons who have won nomination to office. After each other election for a municipal office and each municipal referendum, the board of canvassers shall prepare a determination showing the names of the persons who are elected to each municipal office and the results of each municipal referendum. The board of canvassers shall file each statement and determination in the office of the municipal clerk or board of election commissioners.

SB240,28 Section 28 . 7.53 (3) (a) of the statutes is amended to read:

SB240,14,25 7.53 (3) (a) In a common, union high, or unified school district, the school district clerk shall appoint 2 qualified electors of the school district prior to the date of the election being canvassed who shall, with the school district clerk, constitute the school district board of canvassers. If the school district clerk is a candidate at the election being canvassed, the other 2 members of the board of canvassers shall designate a 3rd member to serve in lieu of the clerk for that election. The school district clerk shall appoint a member to fill any other temporary vacancy on the board of canvassers. The canvass shall begin no later than 9 a.m. on the Tuesday after the election, and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). If the board of canvassers meets before 4 p.m. on the Monday after the election and thereafter receives amended statements, tally sheets, and lists from a municipal clerk for provisional ballots that are eligible to be counted under s. 6.97 (4), the board of canvassers shall reconvene no later than 9 a.m. on the Tuesday after the election and shall adjust the returns accordingly. No later than 4 p.m. on the Tuesday after the election, the board of canvassers shall complete the canvass and shall prepare a written statement showing the numbers of votes cast for each person for each office and for and against each question and shall prepare a determination showing the names of the persons who are elected to the school board and the results of any school district referendum. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the school board. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the school district office. The school district clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the school board after each election in the manner provided in sub. (4).

SB240,29 Section 29. 7.53 (3) (b) of the statutes is amended to read:

SB240,15,9 7.53 (3) (b) In a 1st class city school district, the municipal board of canvassers or election commissioners shall determine the results of school district elections and referenda and shall file a written statement and determination of the results for each election and referendum in the office of the city clerk or board of election commissioners. The board of election commissioners or city clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the board of school directors after each election in the manner provided in sub. (4).

SB240,30 Section 30. 7.60 (4) (a) of the statutes is amended to read:

SB240,16,7 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; the number of highest-ranked preferences and lesser-ranked preferences cast for each person, indicating the numbers for each preference; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections commission, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

SB240,31 Section 31 . 7.60 (4) (b) of the statutes is amended to read:

SB240,16,19 7.60 (4) (b) The board of canvassers shall then prepare a written determination, in duplicate where necessary, giving the names of the persons elected to any county office and to any municipal judgeship if the judge is elected under s. 755.01 (4) and candidates for that judgeship file nomination papers in that county. The board of canvassers shall likewise prepare a written determination showing the results of any county referendum. Following any primary election, the board of canvassers shall prepare a statement certifying the names of all persons who have won nomination to any county office or any municipal judgeship, if the judge is elected under s. 755.01 (4) and candidates for that judgeship file nomination papers in that county. The board of canvassers shall file all statements and determinations in the office of the county clerk or board of election commissioners.

SB240,32 Section 32. 7.60 (4) (c) of the statutes is renumbered 7.60 (4) (c) (intro.) and amended to read:

SB240,17,3 7.60 (4) (c) (intro.) In preparing the statements and determinations, the board of canvassers shall carefully review the tally sheets and inspectors' statement. The board of canvassers may omit the names of individuals whose names do not appear on the ballot and who receive a comparatively small number of votes. The board of canvassers shall designate votes received by such individuals as scattering votes. The board of canvassers shall append the following to each statement and determination a :

SB240,17,6 1. A tabulation of the votes cast at each election district, ward, or combination of wards authorized under s. 5.15 (6) (b) in the county for each office and each individual, whether the votes are canvassed or not, as well as the.

SB240,17,9 2. The total canvassed votes cast for each individual and each office, except where scattering votes are designated. If any votes are rejected, the board of canvassers shall specify the reasons therefor.

SB240,33 Section 33. 7.60 (4) (c) 3. of the statutes is created to read:

SB240,17,13 7.60 (4) (c) 3. After elections at which ranked-choice voting under s. 5.20 is used, the number of highest-ranked preferences and lesser-ranked preferences for each person for each office, indicating the numbers for each choice.

SB240,34 Section 34. 7.60 (4) (c) 4. of the statutes is created to read:

SB240,17,16 7.60 (4) (c) 4. For each rejected vote, the board of canvassers' explanation for rejecting the vote.

SB240,35 Section 35 . 7.62 of the statutes is created to read:

SB240,17,20 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.

SB240,17,24 (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.

SB240,18,8 (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.

SB240,18,18 (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.

SB240,18,25 (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:

SB240,19,3 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.

SB240,19,6 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.

SB240,19,14 (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.

SB240,19,20 (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.

SB240,20,3 (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).

SB240,20,6 (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:

SB240,20,17 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.

SB240,20,19 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.

SB240,20,21 3. The surplus of the elected candidate with the largest surplus is transferred using the Weighted Inclusive Gregory Method as follows:

SB240,20,24 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.

SB240,21,5 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.

SB240,21,15 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.

SB240,21,24 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:

SB240,22,3 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.

SB240,22,6 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.

SB240,22,12 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.

SB240,22,20 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).

SB240,23,7 (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 insofar as the order is clearly indicated.

SB240,23,11 (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.

SB240,23,14 (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.

SB240,23,16 (c) Ballots that indicate no further rankings after the elector's initial preferences have been eliminated shall be declared exhausted.

SB240,23,17 (d) Ballots that indicate no rankings shall be declared exhausted.

SB240,23,25 (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.

SB240,36 Section 36. 7.70 (3) (a) of the statutes is amended to read:

SB240,24,8 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.