SB528: Bill Text

SB528,,42 6.80 (2) (g) In elections for offices at which instant runoff voting under s. 5.20 is used, an elector may indicate his or her preferences for each office for up to 5 candidates, including a write-in candidate. An elector who indicates preferences for candidates for an office must indicate a different preference for each candidate for that office. An elector is not required to indicate a preference for more than one candidate.

SB528,15 Section 15. 7.10 (2) of the statutes is amended to read:

SB528,,44 7.10 (2) Preparing ballots. The county clerk shall prepare copy for the official ballots immediately upon receipt of the certified list of candidates’ names from the commission. Names certified by the commission shall be arranged in the order certified. The county clerk shall place the names of all candidates filed in the clerk’s office or certified to the clerk by the commission on the proper ballot or ballots under the appropriate office and party titles. The county clerk shall prepare a special ballot under s. 5.60 (8) showing only the candidates in the presidential preference primary. The county clerk shall prepare a special ballot under s. 5.62 (3m) showing only the candidates for the offices of U.S. senator and U.S. representative in Congress in the partisan primary.

SB528,16 Section 16. 7.50 (1) (b) of the statutes is amended to read:

SB528,,46 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 for the purpose of ranking candidates for instant runoff voting. 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. Votes for the offices of U.S. senator and U.S. representative in Congress shall be counted as provided in s. 7.62.

SB528,17 Section 17. 7.50 (1) (c) of the statutes is amended to read:

SB528,,48 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. For the offices of U.S. senator and U.S. representative in Congress, as provided in s. 7.62, if an elector casts the same preference for more than one candidate, that ballot is invalid.

SB528,18 Section 18. 7.50 (1) (d) of the statutes is amended to read:

SB528,,50 7.50 (1) (d) Whenever an electronic voting system is used at a polling place in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, except with respect to the offices of U.S. senator and U.S. representative in Congress, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates’ column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.

SB528,19 Section 19. 7.60 (4) (a) of the statutes is amended to read:

SB528,,52 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 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; the number of round-by-round votes cast for each person receiving votes at a general election under s. 7.62 (3); 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.

SB528,20 Section 20. 7.60 (4) (c) of the statutes is renumbered 7.60 (4) (c) (intro.) and amended to read:

SB528,,54 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 all of the following to each statement and determination a :

SB528,,55 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.

SB528,,56 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.

SB528,21 Section 21. 7.60 (4) (c) 3. of the statutes is created to read:

SB528,,58 7.60 (4) (c) 3. After elections at which instant runoff voting under s. 5.20 is used, the number of first-choice preferences and lesser-choice preferences cast for each individual for each office, indicating the numbers for each choice.

SB528,22 Section 22. 7.60 (4) (c) 4. of the statutes is created to read:

SB528,,60 7.60 (4) (c) 4. For each rejected vote, the board of canvassers’ explanation for rejecting the vote.

SB528,23 Section 23. 7.62 of the statutes is created to read:

SB528,,62 7.62 Canvass procedure for instant runoff voting. (1) Definitions. In this section:

SB528,,63 (a) “Active candidate” means any candidate under this section that has not been defeated or elected.

SB528,,64 (b) “Exhausted ballot” means a ballot that does not contain a highest-ranked active candidate and is not an abstention or an overvote.

SB528,,65 (c) “Highest-ranked active candidate” means the active candidate assigned to a higher ranking than any other active candidate.

SB528,,66 (d) “Overvote” means an instance in which an elector has ranked more than one candidate at the same ranking.

SB528,,67 (e) “Ranking” means the number assigned by an elector to a candidate to express the elector’s preference for that candidate. The number “1” is the highest ranking, followed by “2,” then “3,” then “4,” and then “5.”

SB528,,68 (f) “Round” means an instance of the sequence of voting tabulation beginning with sub. (3) (a).

SB528,,69 (2) Tally sheets. The commission shall prescribe a tally sheet form for canvassing of the elections in which instant runoff voting under s. 5.20 is used. The inspectors shall use the form in preparing the returns and shall retain the form as a part of the official returns.

SB528,,70 (3) Tabulation; inactive ballots. In any election for an office conducted by instant runoff voting under s. 5.20, tabulation of the votes proceeds in rounds. Each ballot shall count as one vote for the highest-ranked active candidate on that ballot. If in any round the elector has indicated the same ranking for more than one candidate, the ballot for that round and all subsequent rounds is considered an overvote or exhausted ballot and not counted in that round and all subsequent rounds. If in any round the elector has skipped a ranking on their ballot, the elector’s single vote shall be transferred to the next highest ranked candidate. If two rankings are skipped, that ballot is considered an inactive ballot. If in any round of tabulation a ballot does not contain a highest-ranked active candidate, that ballot shall be considered an overvote or exhausted ballot and not counted. If 2 or fewer active candidates remain, the active candidate with the greatest number of votes is elected, and the tabulation is complete. If more than 2 active candidates remain, the active candidate with the fewest votes is defeated, votes for the defeated candidate are transferred to each ballot’s next-ranked active candidate, and a new round of tabulation begins.

SB528,,71 (4) Batch elimination. The chief election officer may modify the tabulation under sub. (3) to include batch elimination. If the tabulation includes batch elimination, then any time the active candidate with the fewest votes would be defeated under sub. (3), each active candidate in the elimination batch shall be simultaneously defeated instead. An active candidate is in the elimination batch if the number of elected and active candidates with more votes than that candidate is greater than the number of offices to be elected and it is mathematically impossible for that active candidate to be elected for any of the following reasons:

SB528,,72 (a) The active candidate has fewer votes than any other active candidate.

SB528,,73 (b) The active candidate’s current vote total, plus all votes that could possibly be transferred to the active candidate in future rounds, would not be enough to equal or surpass the active candidate with the next highest current vote total.

SB528,,74 (c) The active candidate has a lower current vote total than an active candidate described under par. (b).

SB528,,75 (5) Ties. If 2 or more active candidates are tied with the fewest votes and tabulation under sub. (3) cannot continue until the active candidate with the fewest votes is defeated, then the active candidate to be defeated shall be determined by lot. Election officials may resolve prospective ties between active candidates prior to tabulation under sub. (3) after all votes are cast.

SB528,,76 (6) Transparency. The commission shall ensure that all tabulation records produced under this section, including the entire cast vote file record, are published on its website following an election conducted under this section.

SB528,24 Section 24. 8.16 (1) of the statutes is renumbered 8.16 (1) (a) and amended to read:

SB528,,78 8.16 (1) (a) Except as provided in par. (b) and sub. (2), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person’s name appears on the ballot, shall be the party’s candidate for the office, and the person’s name shall so appear on the official ballot at the next election.

SB528,25 Section 25. 8.16 (1) (b) of the statutes is created to read:

SB528,,80 8.16 (1) (b) The 5 persons who receive the greatest number of votes for the offices of U.S. senator and U.S. representative in Congress at any partisan primary shall be the persons whose names appear on the official ballot at the general election, except that if a candidate so nominated dies or becomes disqualified from holding the office for which the candidate is nominated, the vacancy shall be filled by the administrator by replacing the withdrawn candidate with the candidate who received the most votes at the partisan primary but did not qualify to advance to the general election. There may be fewer than 5 candidates on the ballot in the general election if fewer than 5 qualified candidates advance. Sufficient space shall be provided on the general election ballot for write-in candidates for the offices of U.S. senator and U.S. representative in Congress.

SB528,26 Section 26. 8.50 (3) (b) of the statutes is amended to read:

SB528,,82 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the partisan primary under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election, other than for the offices of U.S. senator and U.S. representative in Congress, in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

SB528,27 Section 27. 8.50 (3) (c) of the statutes is amended to read:

SB528,,84 8.50 (3) (c) Notwithstanding ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f), except with respect to the offices of U.S. senator and U.S. representative in Congress, whenever a special partisan primary is held concurrently with the presidential preference primary, an elector may choose the party column or ballot in which the elector will cast his or her vote separately for each of the 2 primaries. Whenever 2 or more special partisan primaries or one or more special partisan primaries and a partisan primary are held concurrently, the procedure prescribed in ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f) applies.

SB528,28 Section 28. 10.02 (3) (b) 2. of the statutes is amended to read:

SB528,,86 10.02 (3) (b) 2. At a partisan primary, the elector shall select the party ballot of his or her choice, other than with respect to the offices of U.S. senator and U.S. representative in Congress, and shall make a cross (X) next to or depress the lever or button next to the candidate’s name for each office for whom the elector intends to vote, or shall, if applicable, insert or write in the name of the elector’s choice for a candidate.

SB528,29 Section 29. Initial applicability.

SB528,,88 (1) This act first applies to the 2024 partisan primary and general election.

SB528,,89 (end)