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:
SB288,1
1Section 1
. 3.002 (intro.) and (1m) of the statutes are consolidated, renumbered
23.002 and amended to read:
SB288,6,4
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.
SB288,2
5Section
2. 3.002 (2) of the statutes is repealed.
SB288,3
6Section 3
. 3.004 (2) of the statutes is amended to read:
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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.
SB288,4
12Section
4. Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed
13and recreated to read:
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subchapter i
SB288,6,1716
general provisions
17and redistricting
SB288,6,18
184.001 Definitions. In this chapter, unless the context requires otherwise:
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19(1) “Block" has the meaning given in s. 5.02 (1q).
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20(2) “Commission" means the redistricting advisory commission established
21under s. 13.49.
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22(3) “Plan" means a plan for legislative and congressional reapportionment
23prepared under this subchapter.
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24(4) “Political subdivision" means a city, town, village, or county within this
25state.
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1(5) “Section 2 of the Voting Rights Act" means
52 USC 10301.
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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.
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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.
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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.
SB288,7,15
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.
SB288,7,20
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:
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(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.
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1(b) Prepare maps of geographic and political units within the state which may
2be used to illustrate the locations of district boundaries proposed in plans prepared
3in accordance with s. 4.007.
SB288,8,13
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.
SB288,8,17
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.
SB288,8,24
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.
SB288,9,10
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 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.
SB288,9,25
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).
SB288,10,12
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.
SB288,10,13
13(4) Notwithstanding subs. (1) to (3):
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(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).
SB288,11,824
(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.
SB288,11,12
94.007 Redistricting standards.
(1) Legislative and congressional districts
10shall be established on the basis of population requirements imposed under the
11Wisconsin Constitution and the U.S. Constitution and requirements imposed under
12Section 2 of the Voting Rights Act.
SB288,11,24
13(2) Senate and assembly districts, respectively, shall satisfy the population
14standards established in this subsection. The quotient, obtained by dividing the sum
15of the absolute values of the deviations of all district populations from the applicable
16ideal district population by the number of districts established, may not exceed 1
17percent of the applicable ideal district population, unless necessary to maintain
18compliance with Section 2 of the Voting Rights Act. For purposes of this subsection,
19the ideal district population is determined by dividing the population of the state
20reported in the most recent federal decennial census by the number of districts to be
21established. No senate district may have a population that exceeds that of any other
22senate district by more than 10 percent and no assembly district may have a
23population that exceeds that of any other assembly district by more than 10 percent,
24unless necessary to maintain compliance with Section 2 of the Voting Rights Act.
SB288,12,6
1(3) Congressional districts shall each have a population as nearly equal as
2practicable to the ideal district population, derived as prescribed in sub. (2), while
3maintaining compliance with Section 2 of the Voting Rights Act. No congressional
4district may have a population which varies by more than 1 percent from the
5applicable ideal district population, unless necessary to comply with Section 2 of the
6Voting Rights Act.
SB288,12,14
7(4) District boundaries shall coincide with ward boundaries and, to the extent
8consistent with sub. (1), shall coincide with the boundaries of political subdivisions.
9The number of political subdivisions divided among more than one district shall be
10as small as possible. When there is a choice among political subdivisions to divide,
11the more populous political subdivisions shall be divided before the less populous,
12except that this requirement does not apply to a legislative district boundary drawn
13along a county boundary which passes through a city with territory in more than one
14county.
SB288,12,16
15(5) Districts shall be composed of convenient contiguous territory. Areas which
16meet only at the points of adjoining corners are not contiguous.
SB288,12,20
17(6) Districts shall not be drawn with the intent or result of denying or abridging
18the equal opportunity of racial or language minorities to participate in the political
19process or diminishing their ability to elect representatives of their choice, whether
20by themselves or by voting in concert with other persons.
SB288,12,21
21(7) (a) In this subsection:
SB288,13,522
1. “Geographic unit center" means that point within a population data unit
23approximately equidistant from the northern and southern extremities and also
24approximately equidistant from the eastern and western extremities of the
25population data unit. This point shall be determined by visual observation of a map
1of the population data unit, unless it is otherwise determined within the context of
2an appropriate coordinate system developed by the federal government or another
3source that the legislative reference bureau determines is qualified and objective and
4is obtained for use in this state with prior approval of the joint committee on
5legislative organization.
SB288,13,96
2. “Population data unit" means a ward, census enumeration district, block, or
7other unit of territory having clearly identified geographic boundaries and for which
8a total population figure is included in or can be derived directly from certified
9federal census data.
SB288,13,1510
3. “X-coordinate" means the relative location of a point along the east–west
11axis of the state. Unless otherwise measured within the context of an appropriate
12coordinate system obtained for use as permitted by subd. 1., the x-coordinate shall
13be measured along a line drawn due east from a due north and south line running
14through the point which is the western extremity of this state, to the point to be
15located.
SB288,13,2116
4. “Y-coordinate" means the relative location of a point along the north–south
17axis of the state. Unless otherwise measured within the context of an appropriate
18coordinate system obtained for use as permitted by subd. 1., the y-coordinate shall
19be measured along a line drawn due south from a due east and west line running
20through the point which is the northern extremity of this state, to the point to be
21located.
SB288,14,322
(b) To the extent consistent with subs. (1) to (3), districts shall be compact in
23form. Compact districts are those which are square, rectangular, or hexagonal in
24shape to the extent permitted by natural or political boundaries. When it is
25necessary to compare the relative compactness of 2 or more districts, or of 2 or more
1alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used.
2Should the results of these 2 tests be contradictory, the standard under par. (c) shall
3be given greater weight than the standard under par. (d).
SB288,14,64
(c) 1. The compactness of a district is greatest when the length of the district
5and the width of the district are equal. The measure of a district's compactness is
6the absolute value of the difference between the length and the width of the district.
SB288,14,117
2. In measuring the compactness of a district by means of electronic data
8processing, the difference between the x-coordinates of the easternmost and the
9westernmost geographic unit centers included in the district shall be compared to the
10difference between the y-coordinates of the northernmost and southernmost
11geographic unit centers included in the district.
SB288,14,2512
3. To determine the length and width of a district by manual measurement, the
13distance from the northernmost point or portion of the boundary of a district to the
14southernmost point or portion of the boundary of the same district and the distance
15from the westernmost point or portion of the boundary of the district to the
16easternmost point or portion of the boundary of the same district shall each be
17measured. If the northernmost or southernmost portion of the boundary, or each of
18these points, is a part of the boundary running due east and west, the line used to
19make the measurement required by this subdivision shall be drawn either due north
20and south or as nearly so as the configuration of the district permits. If the
21easternmost or westernmost portion of the boundary, or each of these points, is a part
22of the boundary running due north and south, a similar procedure shall be followed.
23The lines to be measured for the purpose of this subdivision shall each be drawn as
24required by this subdivision, even if some part of either or both lines lies outside the
25boundaries of the district which is being tested for compactness.
SB288,15,6
14. The absolute values computed for individual districts under this paragraph
2may be cumulated for all districts in a plan in order to compare the overall
3compactness of 2 or more alternative redistricting plans for the state or for a portion
4of the state. However, it is not valid to cumulate or compare absolute values
5computed using the measurements under subd. 2. with those computed using the
6measurements under subd. 3.
SB288,15,97
(d) 1. The compactness of a district is greatest when the ratio of the dispersion
8of population about the population center of the district to the dispersion of
9population about the geographic center of the district is one to one.
SB288,15,2010
2. The population dispersion about the population center of a district or about
11the geographic center of a district is computed as the sum of the products of the
12population of each population data unit included in the district multiplied by the
13square of the distance from the geographic unit center of that population data unit
14to the population center or the geographic center of the district, as the case may be.
15The geographic center of the district is defined by averaging the locations of all
16geographic unit centers which are included in the district. The population center of
17the district is defined by computing the population–weighted average of the
18x-coordinates and y-coordinates of each geographic unit center assigned to the
19district, it being assumed for the purpose of this calculation that each population
20data unit possesses uniform density of population.
SB288,15,2321
3. The ratios computed for individual districts under this paragraph may be
22averaged for all districts in a plan in order to compare the overall compactness of 2
23or more alternative redistricting plans for the state or for a portion of the state.
SB288,16,5
24(8) In preparing any redistricting plan, the legislative reference bureau shall
25be strictly nonpartisan. No district may be drawn for the purpose of favoring a
1political party, incumbent legislator or member of Congress, or other person or group
2or, except to the extent required under sub. (1), for the purpose of augmenting or
3diluting the voting strength of a language or racial minority group. Except as
4provided in sub. (10), in establishing districts, no use shall be made of any of the
5following data:
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(a) The residence addresses of incumbent legislators or members of Congress.
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(b) Political affiliations of registered voters.
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(c) Previous election results.
SB288,16,109
(d) Demographic information except as necessary to meet the requirements of
10subs. (1) and (10).
SB288,16,19
11(9) The number of assembly districts in any redistricting plan may not be less
12than 54 nor more than 100. The number of senate districts in any redistricting plan
13may not be more than one-third nor less than one-fourth of the number of assembly
14districts. Each senate district shall contain only whole assembly districts. Except
15as otherwise provided in this subsection, to the extent possible, each congressional
16district shall contain only whole senate districts. The other standards specified in
17this section shall take precedence where a conflict arises between those standards
18and the requirement of including only whole senate districts within a congressional
19district.
SB288,16,25
20(10) In preparing any redistricting plan, the legislative reference bureau shall
21test the efficiency gap and competitiveness of each district and make the test results
22available to the public, including publishing the results on its Internet site, no later
23than 72 hours prior to the first public hearing on the proposed plan. The legislative
24reference bureau may use the data described under sub. (8) (b) to (d) to perform the
25tests under this subsection.
SB288,17,2
14.008 Required provisions in redistricting bills. Each bill delivered under
2s. 4.006 shall provide all of the following:
SB288,17,4
3(1) That, wherever territory is described in the bill by geographic boundaries,
4the following conventions are used:
SB288,17,65
(a) Each bound continues to the intersection with the bound next named, or to
6the intersection with a straight-line extension of such bound.
SB288,17,87
(b) If the bound is a street, it follows the center line of the street or the center
8line of the street extended.
SB288,17,109
(c) If the bound is a railroad right-of-way, it follows the center line of the
10railroad right-of-way.
SB288,17,1211
(d) If the bound is a river or stream, it follows the center of the main channel
12of such river or stream.
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(e) If the bound follows a municipal boundary, it coincides with such boundary.
SB288,17,17
14(2) That the bill first applies, with respect to regular elections, to offices filled
15at the next occurring general election after the bill takes effect and, with respect to
16special or recall elections, to offices filled or contested on or after the date of that
17general election.
SB288,18,3
184.0085 Challenge based on population inequality; burden of proof. If
19an action is brought challenging a legislative redistricting plan under this
20subchapter on the basis of an excessive population variance among senate or
21assembly districts established in the plan, the legislature has the burden of
22justifying any variance in excess of 10 percent between the population of a senate or
23assembly district and the applicable ideal district population. If an action is brought
24challenging a congressional redistricting plan under this subchapter on the basis of
25an excessive population variance among congressional districts established in the
1plan, the legislature has the burden of justifying any variance in excess of 1 percent
2between the population of a congressional district and the applicable ideal district
3population.
SB288,5
4Section 5
. 5.15 (4) (a) of the statutes is amended to read:
SB288,18,235
5.15
(4) (a) Except as provided in par. (c), the division ordinance or resolution
6shall number all wards in the municipality with unique whole numbers in
7consecutive order, beginning with the number one, shall designate the polling place
8for each ward, and shall describe the boundaries of each ward consistent with the
9conventions set forth in s.
4.003 4.008 (1). The ordinance or resolution shall be
10accompanied by a list of the block numbers used by the U.S. bureau of the census that
11are wholly or partly contained within each ward, with any block numbers partly
12contained within a ward identified, and a map of the municipality which illustrates
13the revised ward boundaries. If the legislature, in an act redistricting legislative
14districts under article IV, section 3, of the constitution, or in redistricting
15congressional districts, establishes a district boundary within a municipality that
16does not coincide with the boundary of a ward established under the ordinance or
17resolution of the municipality, the municipal governing body shall, no later than
18April 10 of the 2nd year following the year of the federal decennial census on which
19the act is based, amend the ordinance or resolution to the extent required to effect
20the act. The amended ordinance or resolution shall designate the polling place for
21any ward that is created to effect the legislative act. Nothing in this paragraph shall
22be construed to compel a county or city to alter or redraw supervisory or aldermanic
23districts.
SB288,6
24Section
6. 13.49 of the statutes is created to read:
SB288,18,25
2513.49 Redistricting advisory commission. (1) Definitions. In this section:
SB288,19,1
1(a) “Chief election officer" means the elections commission administrator.
SB288,19,22
(b) “Four selecting authorities" means all of the following:
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1. The majority leader of the senate.
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2. The minority leader of the senate.
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3. The speaker of the assembly.
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4. The minority leader of the assembly.
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(c) “Partisan public office" means any of the following:
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1. The office of governor, lieutenant governor, secretary of state, state treasurer,
9attorney general, state senator, or state representative to the assembly.
SB288,19,1110
2. A county office that is filled by an election process involving nomination and
11election of candidates on a partisan basis.