SB240: Bill Text

LRB-2588/1

JK:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 240

March 24, 2021 - Introduced by Senators Larson and L. Taylor, cosponsored 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. Referred to Committee on Government Operations, Legal Review and Consumer Protection.

SB240,2,8 An 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) (b), 10.06 (2) (d), 10.06 (3) (as), 10.06 (3) (b), 11.0101 (33), 11.0204 (2), 11.0304 (2), 11.0504 (2), 11.0604 (2), 11.0704 (2), 11.0804 (2), 60.10 (1) (c) 2., 117.22 (2) (e) and 120.06 (7) (b); to renumber 60.10 (1) (c) 1. and 120.06 (7) (a); to renumber and amend 7.60 (4) (c); to amend 5.01 (4) (a), 5.01 (4) (b), 5.01 (4) (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 (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) (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) (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) (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 (2) (d), 10.01 (2) (e), 10.02 (3) (intro.), 10.06 (1) (c), 10.06 (1) (e), 10.06 (3) (am), 10.06 (3) (bm), 10.06 (3) (f), 10.06 (4) (g), 11.0101 (29), 11.0204 (3) (a), 11.0304 (3) (a), 11.0504 (3) (a), 11.0604 (3) (a), 11.0804 (3) (a), 38.16 (3) (br) 1., 59.17 (7), 59.605 (3) (a) 1., 64.04 (2), 66.0602 (4) (a), 66.0619 (2m) (b), 66.0921 (2), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.12 (12) (e) 5., 77.994 (3) (b) 2. b., 119.08 (2), 120.06 (8) (a), 120.06 (8) (b), 120.06 (8) (c) (intro.), 120.06 (8) (d), 120.06 (8) (f), 120.06 (8) (g), 120.06 (8) (h), 120.06 (9) (a), 121.91 (3) (a) 1. and 995.20; and to create 5.05 (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 (4), 11.0204 (3) (am), 11.0304 (3) (am), 11.0504 (3) (am), 11.0604 (3) (am), 11.0804 (3) (am), 20.510 (1) (ed) and 20.510 (1) (em) of the statutes; relating to: ranked-choice voting, granting rule-making authority, and making an appropriation.

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:

SB240,1 Section 1 . 5.01 (4) (a) of the statutes is amended to read:

SB240,3,8 5.01 (4) (a) If Except as provided under s. 7.62, if 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections commission or the chairperson's designee.

SB240,2 Section 2 . 5.01 (4) (b) of the statutes is amended to read:

SB240,4,2 5.01 (4) (b) If Except as provided under s. 7.62, if, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candidates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.

SB240,3 Section 3 . 5.01 (4) (c) of the statutes is amended to read:

SB240,4,7 5.01 (4) (c) The For purposes of pars. (a) and (b), the candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.

SB240,4 Section 4 . 5.01 (5) of the statutes is amended to read:

SB240,4,16 5.01 (5) Election of governor and lieutenant governor. (a) In every general election to choose the governor and the lieutenant governor, each elector shall have a single vote applicable to both offices. The the persons receiving the greatest number of legal majority of highest-ranked votes cast jointly for them for governor and lieutenant governor shall be declared elected, and the canvassers shall so determine and certify if no persons receive a majority of highest-ranked votes cast jointly for governor and lieutenant governor, the election shall be determined under s. 7.62.

SB240,4,21 (b) In case If 2 or more slates have an equal and the highest number of votes for governor and lieutenant governor after the canvass under s. 7.62, the 2 houses of the legislature shall at the next annual session choose by joint ballot one of the slates so having an equal and the highest number of votes for governor and lieutenant governor.

SB240,5 Section 5 . 5.02 (19) of the statutes is amended to read:

SB240,4,24 5.02 (19) “Special election" means any election, other than those described in subs. (5), (12s), and (21), and (22), to fill vacancies or to conduct a referendum.

SB240,6 Section 6 . 5.02 (20r) of the statutes is amended to read:

SB240,5,3 5.02 (20r) “Special referendum" means any referendum held at a special election which is not held concurrently with the elections described in sub. (5), (12s), or (21), or (22).

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: