SB240,18,18 (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.

SB240,18,25 (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:

SB240,19,3 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.

SB240,19,6 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.

SB240,19,14 (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.

SB240,19,20 (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.

SB240,20,3 (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).

SB240,20,6 (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:

SB240,20,17 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.

SB240,20,19 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.

SB240,20,21 3. The surplus of the elected candidate with the largest surplus is transferred using the Weighted Inclusive Gregory Method as follows:

SB240,20,24 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.

SB240,21,5 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.

SB240,21,15 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.

SB240,21,24 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:

SB240,22,3 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.

SB240,22,6 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.

SB240,22,12 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.

SB240,22,20 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).

SB240,23,7 (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 insofar as the order is clearly indicated.

SB240,23,11 (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.

SB240,23,14 (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.

SB240,23,16 (c) Ballots that indicate no further rankings after the elector's initial preferences have been eliminated shall be declared exhausted.

SB240,23,17 (d) Ballots that indicate no rankings shall be declared exhausted.

SB240,23,25 (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.

SB240,36 Section 36. 7.70 (3) (a) of the statutes is amended to read:

SB240,24,8 7.70 (3) (a) The chairperson of the commission or a designee of the chairperson appointed by the chairperson to canvass a specific election shall publicly canvass the returns and make his or her certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 3rd Wednesday following a partisan primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.

SB240,37 Section 37. 8.05 (1) (L) of the statutes is created to read:

SB240,24,11 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.