LRB-1066/1

JK:amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 732

January 9, 2020 - Introduced by Representatives Spreitzer, Riemer, C. Taylor, Neubauer, Anderson, Brostoff, Emerson, Hebl, Pope, Shankland, Sinicki, Subeck and Zamarripa, cosponsored by Senators Miller, Larson and Smith. Referred to Committee on Campaigns and Elections.

AB732,2,7 An Act to repeal 5.02 (22), 5.58, 8.05 (3), 8.05 (5), 8.11, 8.13, 10.02 (3) (b) 4., 10.06 (2) (b), 10.06 (2) (d), 10.06 (3) (as), 10.06 (3) (b), 11.0101 (33), 11.0204 (2), 11.0304 (2), 11.0504 (2), 11.0604 (2), 11.0704 (2), 11.0804 (2), 60.10 (1) (c) 2., 117.22 (2) (e) and 120.06 (7) (b); to renumber 60.10 (1) (c) 1. and 120.06 (7) (a); to renumber and amend 7.60 (4) (c); to amend 5.01 (4) (a), 5.01 (4) (b), 5.01 (4) (c), 5.01 (5), 5.02 (19), 5.02 (20r), 5.15 (6) (b), 5.60 (1) (ag), 5.64 (1) (ar) 1m., 5.64 (1) (ar) 2., 5.66 (1), 5.68 (5), 7.08 (1) (c), 7.10 (6), 7.50 (1) (b), 7.50 (1) (c), 7.50 (2) (intro.), 7.50 (2) (hm), 7.51 (4) (a), 7.51 (5) (a) 3., 7.53 (1) (a), 7.53 (2) (d), 7.53 (3) (a), 7.53 (3) (b), 7.60 (4) (a), 7.60 (4) (b), 7.70 (3) (a), 8.05 (4) (a), 8.10 (1), 8.17 (1) (a), 8.17 (4), 8.17 (5) (b), 8.50 (2) (a), 8.50 (2) (b), 8.50 (3) (a), 8.50 (3) (b), 10.01 (2) (d), 10.01 (2) (e), 10.02 (3) (intro.), 10.06 (1) (c), 10.06 (1) (e), 10.06 (3) (am), 10.06 (3) (bm), 10.06 (3) (f), 10.06 (4) (g), 11.0101 (29), 11.0204 (3) (a), 11.0304 (3) (a), 11.0504 (3) (a), 11.0604 (3) (a), 11.0804 (3) (a), 38.16 (3) (br) 1., 59.17 (7), 59.605 (3) (a) 1., 64.04 (2), 66.0602 (4) (a), 66.0619 (2m) (b), 66.0921 (2), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.12 (12) (e) 5., 77.994 (3) (b) 2. b., 119.08 (2), 120.06 (8) (a), 120.06 (8) (b), 120.06 (8) (c) (intro.), 120.06 (8) (d), 120.06 (8) (f), 120.06 (8) (g), 120.06 (8) (h), 120.06 (9) (a), 121.91 (3) (a) 1. and 995.20; and to create 5.05 (1) (g), 5.20, 6.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62, 8.05 (1) (L), 10.02 (4), 11.0204 (3) (am), 11.0304 (3) (am), 11.0504 (3) (am), 11.0604 (3) (am), 11.0804 (3) (am) and 20.510 (1) (ed) of the statutes; relating to: ranked-choice voting, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill requires ranked-choice voting for the election of all federal, state, and local officials, not including recall elections for any such officials. Under ranked-choice voting, each voter may rank as many preferences for each office or seat as there are candidates whose names appear on the ballot for that office or seat. If the voter indicates a preference for more than one candidate for an office or seat, the voter must indicate a preference between the candidates by designating one as “first choice," another as “second choice," and ranking subsequent choices in sequential preference. A voter may also indicate a preference for one or more write-in candidates for any office or seat.

A voter who casts one vote for a candidate for an office or seat but who does not indicate a preference is considered to have cast a “first-choice" preference for that candidate. If any candidate receives a majority of the first-choice preferences for the office or seat, that candidate is elected. If no candidate receives a majority of the first-choice preferences for an office or seat, the name of the candidate receiving the least number of first-choice preferences is dropped and the second-choice preferences of the voters who preferred that candidate, if any, are then added to the first-choice preferences received by the other candidates. Subsequent preferences of those voters are allocated to the other candidates in a similar manner as candidates with the fewest voter preferences are eliminated. If any candidate for the office or seat then has a majority of the combined first-choice and reallocated preferences, that candidate is elected. If not, the procedure is repeated until one candidate receives a majority of the combined first-choice and reallocated preferences.

In the case of a multiple-seat district, the candidates whose vote total is equal to or greater than the threshold number of votes are elected. The threshold is determined by dividing the total number of votes cast for the open seats by the number of the open seats, plus one, and adding one to the quotient, disregarding any fractions. Generally, if a candidate receives more than the number of threshold votes during a round of counting the preferential votes, his or her surplus votes are allocated to the continuing candidates in order of preference until all open seats are filled. A voter may also indicate a preference for one or more write-in candidates.

Under ranked-choice voting, no primary election is held other than a special primary for a partisan office, the partisan primary, and the presidential preference primary. At the partisan primary, ranked-choice voting is used to determine the candidate for each political party on the ballot who shall advance to the general election. At the special primary, ranked-choice voting is used to determine the candidate for each political party on the ballot who shall advance to the special election. At the presidential preference primary, ranked-choice voting is used to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.

Finally, the bill authorizes the Elections Commission to make expenditures to implement and administer ranked-choice voting, including updating equipment and software and implementing secure technologies, and to make grants to counties and municipalities for the same purpose.

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:

AB732,1 Section 1 . 5.01 (4) (a) of the statutes is amended to read:

AB732,3,8 5.01 (4) (a) If Except as provided under s. 7.62, if 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections commission or the chairperson's designee.

AB732,2 Section 2 . 5.01 (4) (b) of the statutes is amended to read:

AB732,3,13 5.01 (4) (b) If Except as provided under s. 7.62, if, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candidates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.

AB732,3 Section 3. 5.01 (4) (c) of the statutes is amended to read: