LRB-4445/1
MPG&JK:emw&skw
2023 - 2024 LEGISLATURE
October 16, 2023 - Introduced by Senators James,
Smith, Cowles and Spreitzer,
cosponsored by Representatives
Tusler, Riemer, Kurtz, Andraca, Donovan,
Doyle, Drake, Joers, S. Johnson, Kitchens, Mursau, Novak, Shankland,
Steffen, Subeck, Zimmerman and J. Anderson. Referred to Committee on
Shared Revenue, Elections and Consumer Protection.
SB528,1,7
1An Act to renumber and amend 7.60 (4) (c) and 8.16 (1);
to amend 5.01 (3) (a),
25.35 (6) (b), 5.62 (1) (a), 5.62 (1) (b) 2., 5.62 (2) (b), 5.62 (3), 5.81 (4), 5.84 (1), 5.91
3(1), 5.91 (6), 6.80 (2) (am), 7.10 (2), 7.50 (1) (b), 7.50 (1) (c), 7.50 (1) (d), 7.60 (4)
4(a), 8.50 (3) (b), 8.50 (3) (c) and 10.02 (3) (b) 2.; and
to create 5.20, 5.62 (3m),
56.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62 and 8.16 (1) (b) of the statutes;
6relating to: top-five primaries and instant runoff voting for the offices of U.S.
7senator 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
The bill requires instant runoff voting at the general election for U.S. senator
and representative in Congress. Under instant runoff voting, voters use a
ranked-choice 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 a write-in candidate for any office.
Under the bill an instant runoff is used to determine the candidate elected. All
votes are tallied and the candidate with fewest first-choice preferences is
eliminated. A voter who has chosen that candidate has his or her single vote
transferred to the voter's second-choice preference. The votes are tallied again and
this process continues until there are two remaining candidates. At that point, the
candidate with a majority of the combined first-choice and reallocated preferences
wins.
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:
SB528,1
1Section
1. 5.01 (3) (a) of the statutes is amended to read:
SB528,2,52
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.
SB528,2
6Section 2
. 5.20 of the statutes is created to read:
SB528,3,2
75.20 Instant runoff voting.
(1) In this section, “instant runoff voting" means
8a voting method in which the electors voting at the general election for U.S. senator
9or representative in Congress use a ranked-choice ballot that permits them to
10indicate and order their preferences for all candidates whose names appear on the
1ballot for the office of U.S. senator or representative in Congress as provided under
2sub. (3).
SB528,3,7
3(2) For any election using instant runoff voting, an elector may indicate his or
4her preferences for up to 5 candidates for the office of U.S. senator or representative
5in Congress using a ranked-choice ballot under sub. (3). An elector may indicate a
6preference for a write-in candidate on a ranked-choice ballot. An elector is not
7required to indicate a preference for more than one candidate.
SB528,3,8
8(3) All of the following apply to a ranked-choice ballot:
SB528,3,119
(a) The ballot shall allow electors to rank candidates for the office of U.S.
10senator or representative in Congress in order of preference, including a write-in
11candidate for each race.
SB528,3,1312
(b) The ballot shall allow electors to rank up to 5 candidates for the office of U.S.
13senator or representative in Congress.
SB528,3,1714
(c) The ballot shall not interfere with an elector's ability to rank a write-in
15candidate for the office of U.S. senator or representative in Congress, but a vote for
16a write-in candidate for either office may only be counted as provided under s. 7.50
17(2) (em).
SB528,3
18Section
3. 5.35 (6) (b) of the statutes is amended to read:
SB528,4,419
5.35
(6) (b) At each polling place in the state where a consolidated ballot under
20s. 5.655 is used or an electronic voting system is utilized at a partisan primary
21election incorporating a ballot upon which electors may mark votes for candidates
22of more than one recognized political party, the municipal clerk or board of election
23commissioners shall prominently post a sign in the form prescribed by the
24commission warning electors in substance that on any ballot with votes cast for
25candidates of more than one recognized political party,
other than candidates for the
1offices of U.S. senator and U.S. representative in Congress, no votes cast for any
2candidates for partisan office will be counted unless a preference for a party is made.
3If the elector designates a preference, only votes cast for candidates of that
4preference will be counted.
SB528,4
5Section
4. 5.62 (1) (a) of the statutes is amended to read:
SB528,4,226
5.62
(1) (a) At the partisan primary, the following ballot shall be provided for
7the nomination of candidates of recognized political parties for
national, state and
8county offices
, and independent candidates for state office in each ward, in the same
9form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
10s. 5.655. The ballots shall be made up of the several party tickets with each party
11entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
12except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
13The party ballot of the party receiving the most votes for president or governor at the
14last general election shall be on top with the other parties arranged in descending
15order based on their vote for president or governor at the last general election. The
16ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
17under par. (b), in the same order in which the parties filed petitions with the
18commission. Any ballot required under par. (b) 2. shall be placed next in order. At
19polling places where voting machines are used, each party shall be represented in
20one or more separate columns or rows on the ballot. At polling places where an
21electronic voting system is used other than an electronic voting machine, each party
22may be represented in separate columns or rows on the ballot.
SB528,5
23Section
5. 5.62 (1) (b) 2. of the statutes is amended to read:
SB528,5,1224
5.62
(1) (b) 2. Subdivision 1. applies to a party within any assembly district or
25county at any partisan primary election only if at least one candidate of the party for
1any
national, state or county office qualifies to have his or her name appear on the
2ballot under the name of that party within that assembly district or county. The
3county clerk or county board of election commissioners shall provide a combined
4separate ballot or one or more separate columns or rows on the ballot that will permit
5an elector to cast a vote for a write-in candidate for the nomination of any such party
6for each
national, state and county office whenever that party qualifies to be
7represented on a separate primary ballot or in one or more separate columns or rows
8under subd. 1. but does not qualify under this subdivision. The ballot shall include
9the name of each party qualifying for a separate ballot or one or more separate
10columns or rows on the ballot under each office, with the names of the candidates for
11each such party appearing in the same order in which the ballots of the parties would
12appear under par. (a).
SB528,6
13Section
6. 5.62 (2) (b) of the statutes is amended to read:
SB528,6,214
5.62
(2) (b) Paragraph (a) applies to a party within any assembly district or
15county at any partisan primary election only if at least one candidate of the party for
16any
national, state or county office qualifies to have his or her name appear on the
17ballot under the name of that party within that assembly district or county. The
18county clerk or county board of election commissioners shall provide a combined
19separate ballot or one or more separate columns or rows on the ballot that will permit
20an elector to cast a vote for a write-in candidate for the nomination of any such party
21for each
national, state and county office whenever that party qualifies to be
22represented on a separate primary ballot or in one or more separate columns or rows
23under par. (a) but does not qualify under this paragraph. The ballot shall include the
24name of each party qualifying for a separate ballot or one or more separate columns
25or rows on the ballot under each office, with the names of the candidates for each such
1party appearing in the same order in which the ballots of the parties would appear
2under sub. (1) (a).
SB528,7
3Section
7. 5.62 (3) of the statutes is amended to read:
SB528,6,124
5.62
(3) The commission shall designate the official primary ballot
5arrangement for statewide offices and district attorney within each prosecutorial
6district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and
7on each separate column or row on the ballot, the candidates for office shall be listed
8together with the offices which they seek in the following order whenever these
9offices appear on the partisan primary ballot: governor, lieutenant governor,
10attorney general, secretary of state, state treasurer,
U.S. senator, U.S.
11representative in congress, state senator, representative to the assembly, district
12attorney and the county offices.
SB528,8
13Section
8. 5.62 (3m) of the statutes is created to read:
SB528,6,1714
5.62
(3m) (a) At the partisan primary, a ballot that includes all of the following
15shall be provided for the nomination of candidates for U.S. senator and U.S.
16representative in Congress, in the same form as prescribed under s. 7.08 (1) (a),
17except as authorized in s. 5.655:
SB528,6,1918
1. The names of all candidates for U.S. senator and U.S. representative in
19Congress.
SB528,6,2220
2. Below the name of each candidate under subd. 1., the candidate's political
21party or the candidate's political party preference or statement of principles, if any,
22in 5 words or less, as shown on the candidate's nomination papers.
SB528,7,623
3. A statement in substantially the following form, prominently placed: “
You
24may vote for only one candidate for U.S. senator and one candidate for U.S.
25representative in Congress. You may vote for any candidate for U.S. senator and any
1candidate for U.S. representative in Congress regardless of the candidate's
2designated political party affiliation and regardless of your designation of a political
3party or vote for a candidate of a political party in a race in the partisan primary.
4A candidate's designation of a political party affiliation on this ballot does not
5constitute or imply the nomination, endorsement, or selection of the candidate by
6that political party.”
SB528,7,87
(b) The order of candidates on the ballot under par. (a) 1. shall be determined
8by lot or as otherwise prescribed under s. 7.08 (1) (a).
SB528,7,119
(c) The ballot under par. (a) 1. may not include any space for a write-in vote,
10and any attempt to write-in the name of a person not on the ballot in a voted ballot
11under this subsection may not be counted.
SB528,9
12Section
9. 5.81 (4) of the statutes is amended to read:
SB528,7,1713
5.81
(4) In partisan primary elections,
except with respect to the offices of U.S.
14senator and U.S. representative in Congress, if a ballot contains the names of
15candidates of more than one party, it shall provide a space for electors to designate
16a party preference. Failure to designate a preference does not invalidate any votes
17cast by an elector, except as provided in s. 7.50 (1) (d).
SB528,10
18Section
10. 5.84 (1) of the statutes is amended to read:
SB528,8,1319
5.84
(1) Where any municipality employs an electronic voting system which
20utilizes automatic tabulating equipment, either at the polling place or at a central
21counting location, the municipal clerk shall, on any day not more than 10 days prior
22to the election day on which the equipment is to be utilized, have the equipment
23tested to ascertain that it will correctly count the votes cast for all offices and on all
24measures. Public notice of the time and place of the test shall be given by the clerk
25at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
1one or more newspapers published within the municipality if a newspaper is
2published therein, otherwise in a newspaper of general circulation therein. The test
3shall be open to the public. The test shall be conducted by processing a preaudited
4group of ballots so marked as to record a predetermined number of valid votes for
5each candidate and on each referendum. The test shall include for each office one
6or more ballots which have votes in excess of the number allowed by law and, for a
7partisan primary election,
except with respect to the offices of U.S. senator and U.S.
8representative in Congress, one or more ballots which have votes cast for candidates
9of more than one recognized political party, in order to test the ability of the
10automatic tabulating equipment to reject such votes. If any error is detected, the
11municipal clerk shall ascertain the cause and correct the error. The clerk shall make
12an errorless count before the automatic tabulating equipment is approved by the
13clerk for use in the election.
SB528,11
14Section 11
. 5.91 (1) of the statutes is amended to read:
SB528,8,1715
5.91
(1) It enables an elector to vote in secrecy and
, except with respect to the
16offices of U.S. senator and U.S. representative in Congress, to select the party for
17which an elector will vote in secrecy at a partisan primary election.
SB528,12
18Section
12. 5.91 (6) of the statutes is amended to read:
SB528,8,2519
5.91
(6) The Except with respect to the offices of U.S. senator and U.S.
20representative in Congress, the voting device or machine permits an elector in a
21primary election to vote for the candidates of the recognized political party of his or
22her choice, and the automatic tabulating equipment or machine rejects any ballot on
23which votes are cast in the primary of more than one recognized political party,
24except where a party designation is made or where an elector casts write-in votes
25for candidates of more than one party on a ballot that is distributed to the elector.
SB528,13
1Section
13. 6.80 (2) (am) of the statutes is amended to read:
SB528,9,82
6.80
(2) (am) In partisan primaries,
except with respect to the offices of U.S.
3senator and U.S. representative in Congress, an elector may vote for a person as the
4candidate of the party of the elector's choice, if that person's name does not appear
5on the official ballot of that party, by writing in the name of the person in the space
6provided on the ballot or the ballot provided for that purpose, or where voting
7machines are used, in the irregular ballot device, designating the party for which the
8elector desires such person to be the nominee.
SB528,14
9Section 14
. 6.80 (2) (g) of the statutes is created to read:
SB528,9,1510
6.80
(2) (g) In elections for offices at which instant runoff voting under s. 5.20
11is used, an elector may indicate his or her preferences for each office for up to 5
12candidates, including a write-in candidate. An elector who indicates preferences for
13candidates for an office must indicate a different preference for each candidate for
14that office. An elector is not required to indicate a preference for more than one
15candidate.
SB528,15
16Section 15
. 7.10 (2) of the statutes is amended to read:
SB528,9,2417
7.10
(2) Preparing ballots. The county clerk shall prepare copy for the official
18ballots immediately upon receipt of the certified list of candidates' names from the
19commission. Names certified by the commission shall be arranged in the order
20certified. The county clerk shall place the names of all candidates filed in the clerk's
21office or certified to the clerk by the commission on the proper ballot or ballots under
22the appropriate office and party titles. The county clerk shall prepare a special ballot
23under s. 5.60 (8) showing only the candidates in the presidential preference primary.
24The county clerk shall prepare a special ballot under s. 5.62 (3m) showing only the
1candidates for the offices of U.S. senator and U.S. representative in Congress in the
2partisan primary.
SB528,16
3Section 16
. 7.50 (1) (b) of the statutes is amended to read:
SB528,10,114
7.50
(1) (b) When an elector casts more votes for any office or measure than he
5or she is entitled to cast at an election, all the elector's votes for that office or measure
6are invalid and the elector is deemed to have voted for none of them, except as
7provided in par. (c)
and, sub. (2) (d)
, and s. 7.62 for the purpose of ranking candidates
8for instant runoff voting. If an elector casts less votes for any office or measure than
9he or she is entitled to cast at an election, all votes cast by the elector shall be counted
10but no vote shall be counted more than once.
Votes for the offices of U.S. senator and
11U.S. representative in Congress shall be counted as provided in s. 7.62.
SB528,17
12Section 17
. 7.50 (1) (c) of the statutes is amended to read:
SB528,10,1613
7.50
(1) (c) If an elector casts more than one vote for the same candidate for the
14same office, the first vote is valid and the remaining votes are invalid.
For the offices
15of U.S. senator and U.S. representative in Congress, as provided in s. 7.62, if an
16elector casts the same preference for more than one candidate, that ballot is invalid.
SB528,18
17Section
18. 7.50 (1) (d) of the statutes is amended to read:
SB528,11,318
7.50
(1) (d) Whenever an electronic voting system is used at a polling place in
19a partisan primary, and the same ballot is utilized to cast votes for candidates of more
20than one recognized political party or candidates of a party and independent
21candidates,
except with respect to the offices of U.S. senator and U.S. representative
22in Congress, if an elector designates a preference for a party or for independent
23candidates, only votes cast within that preference category may be counted. If an
24elector does not designate a preference and makes a mark opposite candidates of
25more than one recognized political party or opposite a candidate in the independent
1candidates' column and a candidate of a recognized political party, no votes cast by
2the elector for any candidate for partisan office are valid. Votes for other candidates
3and votes on ballot questions, if any, shall be counted if otherwise valid.