2019 Assembly BILL 1010

March 20, 2020 - Introduced by Representatives Subeck, Spreitzer, Emerson, C. Taylor, Zamarripa, Anderson and Brostoff, cosponsored by Senators Smith and Miller. Referred to Committee on Campaigns and Elections.

AB1010,1,7 An Act to renumber and amend 7.60 (4) (c); to amend 5.01 (4) (a), 5.01 (4) (b), 5.01 (4) (c), 7.08 (1) (c), 7.50 (1) (b), 7.50 (1) (c), 7.50 (2) (intro.), 7.51 (4) (a), 7.51 (5) (a) 3., 7.53 (1) (a), 7.60 (4) (a), 8.17 (1) (a), 8.17 (4), 8.17 (5) (b), 10.02 (3) (intro.) and 120.06 (7) (b); 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) and 20.510 (1) (ed) of the statutes; relating to: ranked-choice voting for local nonpartisan elections, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill allows local governmental units to enact an ordinance or adopt a resolution to use ranked-choice voting for the election of all local officials, not including recall elections for any such officials. The bill defines “local governmental unit” as a county, city, village, town, or special purpose district, including a school district. 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 for an elective office in a local governmental unit.

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 local governmental units 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:

AB1010,1 Section 1 . 5.01 (4) (a) of the statutes is amended to read:

AB1010,3,2 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.

AB1010,2 Section 2 . 5.01 (4) (b) of the statutes is amended to read:

AB1010,3,7 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.

AB1010,3 Section 3 . 5.01 (4) (c) of the statutes is amended to read:

AB1010,3,12 5.01 (4) (c) The For purposes of pars. (a) and (b), the candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.

AB1010,4 Section 4 . 5.05 (1) (g) of the statutes is created to read:

AB1010,3,17 5.05 (1) (g) Make grants to local governmental units, as defined in s. 5.20 (1) (a), to update equipment and software, including the implementation of secure technologies, to administer ranked-choice voting under s. 5.20 and the canvass procedure for ranked-choice voting under s. 7.62.

AB1010,5 Section 5 . 5.20 of the statutes is created to read:

AB1010,3,19 5.20 Ranked-choice voting. (1) In this section:

AB1010,3,21 (a) “Local governmental unit” means a county, city, village, town, or special purpose district, including a school district.

AB1010,3,25 (b) “Ranked-choice voting" means a voting method in which the electors voting in an election for an elective office are permitted to indicate and order their preferences for all candidates whose names appear on the ballot for the same office or seat.

AB1010,4,13 (2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d) and (e) and (4) (f), the governing body of a local governmental unit may enact an ordinance or adopt a resolution to use ranked-choice voting for all elective offices to be filled in the local governmental unit. A governing body that enacts an ordinance or adopts a resolution to use ranked-choice voting shall notify the commission that it has taken such action no later than 120 days prior to the first election at which it intends to use ranked-choice voting. No governing body that adopts ranked-choice voting shall hold primaries for elective offices to be filled in the local governmental unit. A governing body that adopts ranked-choice voting shall use ranked-choice voting for all elective offices to be filled in the local governmental unit until such time as the ordinance or resolution is repealed. A governing body shall notify the commission of such a repeal no later than 120 days prior to the first election at which ranked-choice voting will no longer be used.