This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-0756/1
JK:emw
2021 - 2022 LEGISLATURE
June 10, 2021 - Introduced by Senators Smith, Roys, Agard, Bewley, Carpenter,
Erpenbach, Johnson, Larson, Pfaff, Ringhand, L. Taylor and Wirch,
cosponsored by Representatives Andraca, S. Rodriguez, Anderson, Baldeh,
Billings, Bowen, Brostoff, Cabrera, Conley, Considine, Doyle, Drake,
Emerson, Goyke, Haywood, Hebl, Hesselbein, Hintz, Hong, Kitchens,
McGuire, B. Meyers, Milroy, Moore Omokunde, Neubauer, Novak, Ohnstad,
Ortiz-Velez, Pope, Riemer, Shankland, Shelton, Sinicki, Snodgrass,
Spreitzer, Stubbs, Subeck, Tranel, Vining and Vruwink. Referred to
Committee on Government Operations, Legal Review and Consumer
Protection.
SB389,1,4 1An Act to repeal 3.002 (2); to consolidate, renumber and amend 3.002
2(intro.) and (1m); to amend 3.004 (2) and 5.15 (4) (a); to repeal and recreate
3subchapter I of chapter 4 [precedes 4.001]; and to create 13.49 of the statutes;
4relating to: legislative and congressional redistricting.
Analysis by the Legislative Reference Bureau
Currently, under the state constitution, the legislature is directed to redistrict
legislative districts according to the number of inhabitants at its next session
following each decennial federal census. At the same intervals, the legislature also
reapportions congressional districts in this state pursuant to federal law. Under
current state law, following each decennial federal census, most municipalities are
also required to divide their territory into wards. With limited exceptions, wards are
required to consist of one or more whole, contiguous census blocks (the smallest
geographic units for which census results are available). Traditionally, the
legislature has used municipal wards to construct legislative and congressional
districts, although the legislature may adjust the boundaries of a municipal ward
and use the revised ward boundaries instead. Legislative and congressional
redistricting plans enacted pursuant to this procedure are used to elect members of
the legislature and members of Congress in the fall of the second year following the
year of the census.
This bill creates a new procedure for the preparation of legislative and
congressional redistricting plans. The bill directs the Legislative Reference Bureau
to draw redistricting plans based upon standards specified in the bill and establishes

a Redistricting Advisory Commission to perform certain tasks in the redistricting
process. The bill also makes various other changes to the laws governing
redistricting. Significant aspects of the bill include the following:
Redistricting standards
Under the bill, a redistricting plan drawn by the LRB must satisfy several
criteria, including the following:
1. The plan must be based on population requirements imposed under the
Wisconsin Constitution and the U.S. Constitution and requirements imposed under
Section 2 of the federal Voting Rights Act, which, among other things, generally
prohibits redistricting plans from abridging the right to vote on account of race or
color or because a person is a member of a language minority group.
2. The senate and assembly districts established in the plan must satisfy equal
population standards specified in the bill. Among other things, no senate district
may have a population that exceeds that of any other senate district by more than
10 percent and no assembly district may have a population that exceeds that of any
other assembly district by more than 10 percent, unless necessary to maintain
compliance with Section 2 of the Voting Rights Act. Congressional districts
established in the plan must each have a population as nearly equal as practicable
to the ideal population for such districts, while maintaining compliance with Section
2 of the Voting Rights Act.
3. District boundaries under the plan must coincide with municipal ward
boundaries and, to the extent consistent with the Wisconsin Constitution, the U.S.
Constitution, and Section 2 of the Voting Rights Act, must coincide with the
boundaries of political subdivisions. The number of political subdivisions divided
among more than one district must be as small as possible and, with limited
exceptions, if there is a choice among political subdivisions to divide, the more
populous political subdivisions shall be divided before the less populous.
4. Districts must be composed of convenient contiguous territory. Under the
bill, areas which meet only at the points of adjoining corners are not contiguous.
5. To the extent consistent with the requirements described in items 1. to 3.,
districts must be compact. The bill also specifies how compactness is to be measured.
6. In preparing the plan, the LRB must be strictly nonpartisan. No district may
be drawn for the purpose of favoring a political party, incumbent legislator or
member of Congress, or other person or group or, except to the extent necessary to
meet the requirements described in item 1., for the purpose of augmenting or diluting
the voting strength of a language or racial minority group. The LRB may not use
political affiliations of registered voters, previous election results, or demographic
information, except as necessary to test the efficiency gap and competitiveness of
each district, or use residence addresses of incumbent legislators or members of
Congress. The LRB may also use demographic information as necessary to meet the
requirements described in item 1.
7. The number of assembly districts may not be less than 54 nor more than 100.
The number of senate districts may not be more than one-third nor less than
one-fourth of the number of assembly districts. Each senate district must contain

only whole assembly districts and, with certain exceptions, each congressional
district may contain only whole senate districts, to the extent possible.
8. Districts must be drawn so that neither the intent nor the result of the plan
abridges the equal opportunity of racial or language minorities to participate in the
political process.
Redistricting Advisory Commission
The bill assigns several tasks to the Redistricting Advisory Commission,
including the following:
1. If requested to do so by the LRB, the commission must provide direction to
the LRB concerning any decision the LRB must make in preparing a redistricting
plan for which no clearly applicable guideline is provided under the bill.
2. The commission must oversee the work of LRB employees engaged in
preparing a redistricting plan and may enter into contracts for hiring experts to
assist in plan preparation. Entering into such a contract, or terminating a contract
employee, requires approval from three-fourths of the members of the commission.
3. The commission must make available to the public at the earliest feasible
time copies of any redistricting bill delivered by the LRB to the legislature, as
provided under the bill, maps illustrating the redistricting bill, a summary of the
standards applicable to the LRB for development of the plan in the redistricting bill,
and a statement of the population of each district created in the plan and the relative
deviation of each district population from the ideal district population.
4. The commission must conduct public hearings on a redistricting bill
delivered by the LRB to the legislature, as provided under the bill, unless the
redistricting bill represents a plan drawn in response to a redistricting bill that was
previously delivered to the legislature and rejected by at least one house. The bill
also requires the commission to hold a hearing in each of the congressional districts
in this state and, whenever it is practicable, on weekends. The commission must
submit a report to the legislature summarizing information and testimony received
by the commission at the hearings. The report may also include any comments and
conclusions that the commission's members deem appropriate concerning the
information and testimony received at the hearings or otherwise presented to the
commission.
The bill also permits the commission to establish policies limiting the
information that the LRB may provide to persons outside of LRB staff concerning any
redistricting plan drawn by the LRB, except that any such policy does not apply to
population data furnished to the LRB by the U.S. Bureau of the Census or to a
redistricting plan after a bill embodying that plan is delivered by the LRB to the
legislature as required under the bill. The bill also provides that any draft maps,
along with the data sets used to create them, that the LRB produces in the course
of preparing a redistricting plan must be open to public inspection and copying and
made available on the Internet site of the LRB as soon as they are produced.
Under the bill, the Redistricting Advisory Commission must be created not
later than February 15 of the first year following the decennial federal census and
terminates upon satisfying its duties, until a new Redistricting Advisory
Commission is created for the next round of legislative and congressional

redistricting. The commission consists of five members. The speaker and minority
leader of the assembly and the majority and minority leaders of the senate must each
appoint one person to serve on the commission. Within 30 days after the fourth
commission member is appointed, but not later than February 15 of the first year
following the decennial federal census, the four commission members so appointed
must select the fifth commission member, who serves as chairperson. The bill
prohibits all of the following individuals from being commission members:
individuals who are not eligible electors of this state at the time of the appointment,
individuals who hold partisan public office or political party office, and individuals
who are a relative of or are employed by a member of the legislature or of Congress
or are employed directly by the legislature or Congress.
Redistricting process
The bill requires the LRB to perform certain tasks in preparation for drawing
congressional and legislative redistricting plans on the basis of each federal
decennial census. For example, as soon as possible after receiving from the U.S.
Bureau of the Census the population data needed for legislative redistricting, the
LRB must use that data to assign a population figure to geographic or political units
to facilitate the drawing of redistricting plans. Typically, this data is available on or
about April 1 of the first year following the decennial federal census. The LRB must
also prepare and publish an analysis describing the population of current legislative
and congressional districts and the extent to which the districts may violate the
redistricting standards described above. In addition, as municipalities complete
their ward plans (typically, by October of the first year following the decennial
federal census), the LRB must assign a population figure based upon certified federal
census data to each municipal ward, for use in drawing redistricting plans.
Not later than January 1 of the second year following the decennial federal
census, the LRB must deliver to the majority leader of the senate and speaker of the
assembly identical bills embodying a plan of legislative and congressional
redistricting, drawn in accordance with the standards described above. The bill
further specifies a procedure that the legislature must follow in considering the bills,
although that procedure is not enforceable by the courts. The bill requires either the
assembly or the senate to bring the bill to a vote expeditiously, but not less than seven
days after the report of the Redistricting Advisory Commission is received and made
available to the members of the legislature. The vote must be under a procedure or
rule permitting no amendments. If the bill is approved by the first house in which
it is considered, the bill must expeditiously be brought to a vote in the second house
under a similar procedure or rule.
If neither of the bills delivered by the LRB is approved by both the assembly and
the senate, the chief clerk of the house that failed to approve the bill must transmit
to the LRB information that the house may direct regarding reasons why the plan
was not approved. The LRB must then prepare identical bills embodying a second
plan of legislative and congressional redistricting, taking into account the reasons
transmitted to the LRB, insofar as it is possible to do so while complying with the
standards described above. The LRB must deliver the bill to the majority leader of
the senate and the speaker of the assembly no later than 21 days after the date of

the vote by which the senate or the assembly failed to approve the bill initially
submitted. This second bill must be expeditiously introduced and brought to a vote
not less than seven days after the date of introduction, in the same manner as
prescribed for the initial bill.
If the second bill is similarly rejected by at least one house, the same procedure
applies, except that the third bill is subject to amendment in the same manner as
other bills. In addition, the third bill and any amendments to it may be passed only
with the approval of three-fourths of all the members elected in each house.
The bill also provides exceptions to this process to account for variations in the
timing of the release of federal census data.
In addition, the bill prohibits the majority leader of the senate, the minority
leader of the senate, the speaker of the assembly, or the minority leader of the
assembly from assigning or hiring any person to work with the LRB to prepare for
redistricting, to prepare plans, or to oversee either process.
Required contents of redistricting bills
The LRB must ensure that each bill embodying a redistricting plan it draws
contains specified conventions to apply wherever territory in a plan is described by
geographic boundaries. Also, each such bill must provide that the bill first applies,
with respect to regular elections, to offices filled at the next occurring general
election and, with respect to special or recall elections, to offices filled or contested
on or after the date of the next occurring general election.
Challenge based on population inequality
If an action is brought challenging a legislative redistricting plan adopted
under the procedure established in the bill on the basis of an excessive population
variance among senate or assembly districts, the legislature has the burden of
justifying any variance in excess of 10 percent between the population of a senate or
assembly district and the applicable ideal district population. If an action is brought
challenging a congressional redistricting plan adopted under the procedure
established in the bill on the basis of an excessive population variance among
congressional districts, the legislature has the burden of justifying any variance in
excess of 1 percent between the population of a congressional district and the
applicable ideal district population.
For further information see the state 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:
SB389,1 1Section 1 . 3.002 (intro.) and (1m) of the statutes are consolidated, renumbered
23.002 and amended to read:
SB389,6,4
13.002 Description of territory. In this chapter: (1m) Reference, reference
2to any county or municipality means that county or municipality as its boundaries
3exist on April 1 of the year of the federal decennial census on which the districting
4plan described under subch. II is based
.
SB389,2 5Section 2. 3.002 (2) of the statutes is repealed.
SB389,3 6Section 3 . 3.004 (2) of the statutes is amended to read:
SB389,6,117 3.004 (2) “Ward" means a ward prescribed by a municipality based upon
8municipal boundaries in effect on April 1 of the year of the federal decennial census
9in accordance with the most recent revision of municipal wards under s. 5.15 upon
10which the districting plan described under subch. II is based
and used in preparing
11congressional and legislative redistricting plans as required under s. 4.005
.
SB389,4 12Section 4. Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed
13and recreated to read:
SB389,6,1414 CHAPTER 4
SB389,6,1515 subchapter i
SB389,6,1716 general provisions
17and redistricting
SB389,6,18 184.001 Definitions. In this chapter, unless the context requires otherwise:
SB389,6,19 19(1) “Block" has the meaning given in s. 5.02 (1q).
SB389,6,21 20(2) “Commission" means the redistricting advisory commission established
21under s. 13.49.
SB389,6,23 22(3) “Plan" means a plan for legislative and congressional reapportionment
23prepared under this subchapter.
SB389,6,25 24(4) “Political subdivision" means a city, town, village, or county within this
25state.
SB389,7,1
1(5) “Section 2 of the Voting Rights Act" means 52 USC 10301.
SB389,7,4 2(6) “Ward" means a municipal ward in effect on April 1 of the year of the federal
3decennial census and used in preparing congressional and legislative redistricting
4plans as required under s. 4.005.
SB389,7,7 54.002 Political subdivision boundaries. In this chapter, reference to any
6political subdivision means that political subdivision as its boundaries exist on April
71 of the year of the federal decennial census.
SB389,7,11 84.003 Legislative districts established. This state is divided into 33 senate
9districts, each composed of 3 assembly districts. Each senate district may elect one
10member of the senate. Each assembly district may elect one representative to the
11assembly.
SB389,7,15 124.004 Preparations for redistricting. (1) The legislative reference bureau
13shall acquire appropriate information, review and evaluate available facilities, and
14develop programs and procedures in preparation for drawing congressional and
15legislative redistricting plans on the basis of each federal decennial census.
SB389,7,20 16(2) By December 1 of the year of the decennial federal census, the legislative
17reference bureau shall obtain from the U.S. bureau of the census information
18regarding geographic and political units in this state for which federal census
19population data has been gathered and will be tabulated. The legislative reference
20bureau shall use the information to do all of the following:
SB389,7,2321 (a) Prepare necessary descriptions of geographic and political units for which
22census data will be reported and that are suitable for use as components of legislative
23districts.
SB389,8,3
1(b) Prepare maps of geographic and political units within the state that may
2be used to illustrate the locations of district boundaries proposed in plans prepared
3in accordance with s. 4.007.
SB389,8,13 4(3) As soon as possible after receiving from the U.S. bureau of the census the
5population data needed for legislative redistricting that the U.S. bureau of the
6census is required to provide this state under P.L. 94-171, the legislative reference
7bureau shall use that data to assign a population figure based upon certified federal
8census data to each geographic or political unit described under sub. (2) (b). The
9legislative reference bureau shall prepare and publish an analysis describing the
10population of current legislative and congressional districts and the extent to which
11the districts may violate the standards under s. 4.007. Upon satisfying these
12requirements, the legislative reference bureau shall begin the preparation of
13congressional and legislative redistricting plans as required under s. 4.006.
SB389,8,17 14(4) None of the 4 selecting authorities, as defined in s. 13.49 (1) (b), may assign
15or hire any person to work with the legislative reference bureau to prepare for
16redistricting under this section, to prepare plans under s. 4.006, or to oversee either
17process.
SB389,8,24 184.005 Use of municipal ward plans. After receipt of a division ordinance or
19resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data
20obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population
21figure based upon certified federal census data to each ward established in the
22division ordinance or resolution. The legislative reference bureau shall use each
23ward to which a population figure is assigned in preparing congressional and
24legislative redistricting plans as required under s. 4.006.
SB389,9,10
14.006 Preparation of redistricting plans. (1) Not later than January 1 of
2the 2nd year following the decennial federal census, the legislative reference bureau
3shall deliver to the majority leader of the senate and the speaker of the assembly
4identical bills creating plans of legislative and congressional redistricting, prepared
5in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to
6a vote expeditiously, but not less than 7 days after the commission report under s.
713.49 (3) (d) 2. is received and made available to the members of the legislature. The
8vote shall be under a procedure or rule permitting no amendments. If the bill is
9approved by the first house in which it is considered, the bill shall expeditiously be
10brought to a vote in the 2nd house under a similar procedure or rule.
SB389,9,25 11(2) If neither of the bills delivered by the legislative reference bureau under
12sub. (1) is approved by both the assembly and the senate, the chief clerk of the house
13that failed to approve the bill shall immediately transmit to the legislative reference
14bureau information that the house may direct regarding reasons why the plan was
15not approved. The legislative reference bureau shall prepare identical bills
16embodying a 2nd plan of legislative and congressional redistricting prepared in
17accordance with s. 4.007, taking into account the reasons transmitted to the
18legislative reference bureau under this subsection insofar as it is possible to do so
19within the requirements of s. 4.007. The legislative reference bureau shall deliver
20the bills to the majority leader of the senate and the speaker of the assembly no later
21than 21 days after the date of the vote by which the senate or the assembly failed to
22approve the bill submitted under sub. (1). Any bill delivered by the legislative
23reference bureau under this subsection shall be expeditiously introduced and
24brought to a vote not less than 7 days after the date of introduction, in the same
25manner as prescribed for the bill required under sub. (1).
SB389,10,12
1(3) If neither of the bills delivered by the legislative reference bureau under
2sub. (2) is approved by both the assembly and the senate, the same procedure as
3prescribed by sub. (2) shall be followed. If a 3rd plan is required under this
4subsection, the legislative reference bureau shall deliver the bills to the majority
5leader of the senate and the speaker of the assembly no later than 21 days after the
6date of the vote by which the senate or the assembly failed to approve the bill
7submitted under sub. (2). Any bill delivered by the legislative reference bureau
8under this subsection shall be expeditiously introduced and brought to a vote not less
9than 7 days after the date of introduction and shall be subject to amendment in the
10same manner as other bills. Any bill delivered under this subsection, and any
11amendment to such a bill, may be passed only with the approval of three-fourths of
12all the members elected in each house.
SB389,10,13 13(4) Notwithstanding subs. (1) to (3):
SB389,10,2314 (a) If certified federal census data that is sufficient to permit preparation of a
15congressional redistricting plan becomes available at an earlier time than the
16population data needed to permit preparation of a legislative redistricting plan in
17accordance with s. 4.007, the legislative reference bureau shall so inform the
18majority leader of the senate and the speaker of the assembly. If the majority leader
19of the senate and the speaker of the assembly jointly direct, the legislative reference
20bureau shall prepare a separate bill establishing congressional districts and deliver
21it separately from the bill establishing legislative districts. The legislature shall
22proceed to consider the congressional redistricting bill in substantially the manner
23prescribed by subs. (1) to (3).
SB389,11,824 (b) If the population data for legislative redistricting that the U.S. bureau of
25the census is required to provide this state under P.L. 94-171 and, if used by the

1legislative reference bureau, the corresponding topologically integrated geographic
2encoding and referencing data file for that population data are not available to the
3legislative reference bureau on or before April 1 of the first year following the
4decennial federal census, the deadlines set forth in this section shall be extended by
5a number of days equal to the number of days after April 1 of the first year following
6the decennial federal census that the population data and the topologically
7integrated geographic encoding and referencing data file for legislative redistricting
8become available.
Loading...
Loading...