AB1010: Bill Text

AB1010,5,15 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.

AB1010,8 Section 8 . 7.50 (1) (b) of the statutes is amended to read:

AB1010,5,23 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.

AB1010,9 Section 9 . 7.50 (1) (c) of the statutes is amended to read:

AB1010,6,3 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.

AB1010,10 Section 10 . 7.50 (2) (intro.) of the statutes is amended to read:

AB1010,6,10 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:

AB1010,11 Section 11. 7.51 (4) (a) of the statutes is amended to read:

AB1010,7,4 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. For elections conducted under s. 5.20, 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.

AB1010,12 Section 12. 7.51 (5) (a) 3. of the statutes is amended to read:

AB1010,7,11 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. For elections conducted under s. 5.20, 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.

AB1010,13 Section 13. 7.53 (1) (a) of the statutes is amended to read:

AB1010,8,20 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,; for elections conducted under s. 5.20, 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.

AB1010,14 Section 14. 7.60 (4) (a) of the statutes is amended to read:

AB1010,9,18 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; for elections conducted under s. 5.20, 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.

AB1010,15 Section 15. 7.60 (4) (c) of the statutes is renumbered 7.60 (4) (c) (intro.) and amended to read:

AB1010,9,25 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 :

AB1010,10,5 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.

AB1010,10,8 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.

AB1010,16 Section 16. 7.60 (4) (c) 3. of the statutes is created to read:

AB1010,10,12 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.

AB1010,17 Section 17. 7.60 (4) (c) 4. of the statutes is created to read:

AB1010,10,15 7.60 (4) (c) 4. For each rejected vote, the board of canvassers' explanation for rejecting the vote.

AB1010,18 Section 18 . 7.62 of the statutes is created to read:

AB1010,10,19 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.

AB1010,10,23 (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.

AB1010,11,6 (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.

AB1010,11,16 (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.

AB1010,11,23 (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:

AB1010,12,3 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.

AB1010,12,6 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.

AB1010,12,14 (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.

AB1010,12,20 (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.

AB1010,13,3 (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).

AB1010,13,6 (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:

AB1010,13,17 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.

AB1010,13,19 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.

AB1010,13,21 3. The surplus of the elected candidate with the largest surplus is transferred using the Weighted Inclusive Gregory Method as follows:

AB1010,13,24 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.

AB1010,14,5 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.

AB1010,14,15 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.

AB1010,14,24 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:

AB1010,15,3 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.

AB1010,15,6 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.

AB1010,15,12 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.

AB1010,15,20 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).

AB1010,16,7 (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 in so far as the order is clearly indicated.

AB1010,16,11 (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.

AB1010,16,14 (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.

AB1010,16,16 (c) Ballots that indicate no further rankings after the elector's initial preferences have been eliminated shall be declared exhausted.

AB1010,16,17 (d) Ballots that indicate no rankings shall be declared exhausted.

AB1010,16,25 (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.

AB1010,19 Section 19. 8.05 (1) (L) of the statutes is created to read:

AB1010,17,3 8.05 (1) (L) A town or village may not use ranked-choice voting under s. 5.20 to nominate candidates for town or village offices at a caucus.

AB1010,20 Section 20 . 8.17 (1) (a) of the statutes is amended to read:

AB1010,17,23 8.17 (1) (a) Political parties qualifying for a separate ballot under s. 5.62 (1) (b) or (2) shall elect their party committeemen and committeewomen committee members as provided under sub. (5) (b). The function of committeemen and committeewomen the committee members is to represent their neighborhoods in the structure of a political party. Committeemen and committeewomen Committee members shall act as liaison representatives between their parties and the residents of the election districts in which they serve. Activities of committeemen and committeewomen committee members shall include , but not be limited to, identifying voters; assistance assisting in voter registration drives; increasing voter participation in political parties; polling and other methods of passing information from residents to political parties and elected public officials; and dissemination of disseminating information from public officials to residents. For assistance in those and other activities of interest to a political party, each committeeman and committeewoman committee member may appoint a captain to engage in these activities in each ward, if the election district served by the committeeman or committeewoman committee member includes more than one ward. In an election district which that includes more than one ward, the committeeman or committeewoman committee member shall coordinate the activities of the ward captains in promoting the interests of his or her party.

AB1010,21 Section 21 . 8.17 (4) of the statutes is amended to read:

AB1010,18,3 8.17 (4) The term of office of each committeeman or committeewoman committee member shall end on the date of the meeting held under sub. (5) (b) following each partisan primary.

AB1010,22 Section 22 . 8.17 (5) (b) of the statutes is amended to read:

AB1010,18,21 8.17 (5) (b) A combined meeting of the county committee and members in good standing of the party in the county shall be held no sooner than 15 days after the partisan primary and no later than April 1 of the following year. At this meeting, the party committeemen or committeewomen committee members and the county committee offices of chairperson, vice chairperson, secretary, and treasurer shall be filled by election by the incumbent committeemen, committeewomen committee members and other party members present and voting, each of whom is entitled to one vote. At this meeting, the county committee shall elect the members of the congressional district committee as provided in sub. (6) (b), (c) , and (d). The secretary of the county committee shall give at least 7 days' written notice of the meeting to party and committee members. Individuals elected as county committee officers or as congressional district committee members may be, but are not required to be, committeemen or committeewomen party committee members. They are required to be party members in good standing. The terms of committeemen and committeewomen party committee members, county committee officers, and congressional district committee members begin during the meeting immediately upon completion and verification of the voting for each office.

AB1010,23 Section 23. 10.02 (3) (intro.) of the statutes is amended to read:

AB1010,18,23 10.02 (3) (intro.) The notice shall contain the following:

AB1010,18,24 FACSIMILE BALLOT NOTICE

AB1010,18,25 OF .... ELECTION

AB1010,19,1 Office of .... [County] [Municipal] Clerk.

AB1010,19,2 To the Electors of .... [County] [Municipality]:

AB1010,19,9 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB1010,19,10 INFORMATION TO ELECTORS

AB1010,19,14 Except as provided in sub. (4) and except where a different statement is prescribed by the commission for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB1010,24 Section 24. 10.02 (4) of the statutes is created to read:

AB1010,19,17 10.02 (4) The commission shall prescribe by rule the content of type B notices to be used at elections at which ranked-choice voting under s. 5.20 is used.

AB1010,25 Section 25 . 20.510 (1) (ed) of the statutes is created to read:

AB1010,19,23 20.510 (1) (ed) Elections administration; ranked-choice voting. A sum sufficient to implement and administer ranked-choice voting, as provided under ss. 5.20 and 7.62, including updating equipment and software and implementing secure technologies, and to provide grants to local governmental units under s. 5.05 (1) (g) for the same purpose.

AB1010,26 Section 26 . 120.06 (7) (b) of the statutes is amended to read:

AB1010,20,12 120.06 (7) (b) The Except as provided under s. 5.20, the school board shall require a primary election if there are more than 2 candidates for any seat on a 3-member board or more than twice as many candidates as there are members to be elected to an unnumbered school board of more than 3 members. In school districts in which a plan of apportionment of school board members under s. 120.02 (2), an apportionment plan that apportions the territory of the school district into election districts under s. 120.42 (1m), or a plan for election of school board members to numbered seats has been adopted, the school board shall require a primary election for particular apportioned areas for which there are more than twice as many candidates as there are members to be elected and for any numbered seat for which there are more than 2 candidates. When there is a primary election it shall be held in conjunction with the spring primary.

AB1010,27 Section 27 . Initial applicability.

AB1010,20,15 (1) Ranked-choice voting. This act first applies to the 2022 spring primary and spring election.

AB1010,20,16 (End)