The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1010,1
1Section 1
. 5.01 (4) (a) of the statutes is amended to read:
AB1010,3,22
5.01
(4) (a)
If Except as provided under s. 7.62, if 2 or more candidates for the
3same office receive the greatest, but an equal number of votes, the winner shall be
4chosen by lot in the presence of the board of canvassers charged with the
5responsibility to determine the election, or in the case of an election for state or
6national office or metropolitan sewerage commissioner, if the commissioner is
1elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections
2commission or the chairperson's designee.
AB1010,2
3Section 2
. 5.01 (4) (b) of the statutes is amended to read:
AB1010,3,74
5.01
(4) (b)
If Except as provided under s. 7.62, if, in a primary, 2 or more
5candidates receive an equal but not the greatest number of votes so that only one of
6those candidates with equal votes may advance to the final election, the choice shall
7similarly be made by drawing lots.
AB1010,3
8Section 3
. 5.01 (4) (c) of the statutes is amended to read:
AB1010,3,129
5.01
(4) (c)
The For purposes of pars. (a) and (b), the candidates may, if all those
10tied for the same office are present, draw for themselves. Upon refusal or absence
11of any of the candidates, the board of canvassers shall appoint a competent person
12to draw, and upon the results declare and certify the winner.
AB1010,4
13Section 4
. 5.05 (1) (g) of the statutes is created to read:
AB1010,3,1714
5.05
(1) (g) Make grants to local governmental units, as defined in s. 5.20 (1)
15(a), to update equipment and software, including the implementation of secure
16technologies, to administer ranked-choice voting under s. 5.20 and the canvass
17procedure for ranked-choice voting under s. 7.62.
AB1010,5
18Section 5
. 5.20 of the statutes is created to read:
AB1010,3,19
195.20 Ranked-choice voting.
(1) In this section:
AB1010,3,2120
(a) “Local governmental unit” means a county, city, village, town, or special
21purpose district, including a school district.
AB1010,3,2522
(b) “Ranked-choice voting" means a voting method in which the electors voting
23in an election for an elective office are permitted to indicate and order their
24preferences for all candidates whose names appear on the ballot for the same office
25or seat.
AB1010,4,13
1(2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d) and (e) and (4) (f), the
2governing body of a local governmental unit may enact an ordinance or adopt a
3resolution to use ranked-choice voting for all elective offices to be filled in the local
4governmental unit. A governing body that enacts an ordinance or adopts a resolution
5to use ranked-choice voting shall notify the commission that it has taken such action
6no later than 120 days prior to the first election at which it intends to use
7ranked-choice voting. No governing body that adopts ranked-choice voting shall
8hold primaries for elective offices to be filled in the local governmental unit. A
9governing body that adopts ranked-choice voting shall use ranked-choice voting for
10all elective offices to be filled in the local governmental unit until such time as the
11ordinance or resolution is repealed. A governing body shall notify the commission
12of such a repeal no later than 120 days prior to the first election at which
13ranked-choice voting will no longer be used.
AB1010,4,22
14(3) An elector may rank as many preferences for each office as there are
15candidates for the office whose names appear on the ballot. If more than one seat on
16a governing body is to be filled at large, the procedure under s. 7.62 (3) applies. If
17write-in votes are permitted, a voter may vote for a write-in candidate in addition
18to any candidate whose name appears on the ballot. To indicate a preference, an
19elector shall mark his or her ballot with or cause the voting machine to indicate the
20elector's first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector
21is not required to indicate a choice and is not required to indicate as many choices
22as the elector is eligible to indicate.
AB1010,6
23Section 6
. 6.80 (2) (g) of the statutes is created to read:
AB1010,5,924
6.80
(2) (g) In elections for offices at which ranked-choice voting under s. 5.20
25is used, an elector may rank as many preferences for each office or seat as there are
1candidates whose names appear on the ballot for that office or seat. If more than one
2seat on a governing body is to be filled at large, an elector may rank as many
3preferences for that office or seat as there are candidates whose names appear on the
4ballot for all of the seats to be filled. If write-in votes are permitted, a voter may vote
5for a write-in candidate in addition to any candidate whose name appears on the
6ballot. An elector who indicates preferences for candidates for an office or seat must
7indicate a different preference for each candidate for that office or seat. If an elector
8casts more than one vote for any office or seat without indicating preferences, the
9elector's intent shall be determined as provided under s. 7.62 (4).
AB1010,7
10Section
7. 7.08 (1) (c) of the statutes is amended to read:
AB1010,5,1511
7.08
(1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33
12(1), 6.47 (1) (am) 2. and (3), 6.55 (2),
and 6.86 (2) to (3)
, and 7.62 (1m). All such forms
13shall contain a statement of the penalty applicable to false or fraudulent registration
14or voting through use of the form. Forms are not required to be furnished by the
15commission.
AB1010,8
16Section 8
. 7.50 (1) (b) of the statutes is amended to read:
AB1010,5,2317
7.50
(1) (b) When an elector casts more votes for any office or measure than he
18or she is entitled to cast at an election, all the elector's votes for that office or measure
19are invalid and the elector is deemed to have voted for none of them, except as
20provided in par. (c) and sub. (2) (d)
and s. 7.62. If an elector casts less votes for any
21office or measure than he or she is entitled to cast at an election, all votes cast by the
22elector shall be counted but no vote shall be counted more than once
, except as
23provided in s. 7.62.
AB1010,9
24Section 9
. 7.50 (1) (c) of the statutes is amended to read:
AB1010,6,3
17.50
(1) (c) If an elector casts more than one vote for the same candidate for the
2same office, the first vote is valid and the remaining votes are invalid
, except as
3provided in s. 7.62.
AB1010,10
4Section 10
. 7.50 (2) (intro.) of the statutes is amended to read:
AB1010,6,105
7.50
(2) Ascertainment of intent. (intro.) All ballots cast at an election which
6bear the initials of 2 inspectors shall be counted for the person or referendum
7question for whom or for which they were intended, so far as the electors' intent can
8be ascertained from the ballots notwithstanding informality or failure to fully
9comply with other provisions of chs. 5 to 12.
To
Except as otherwise provided under
10s. 7.62, to determine intent:
AB1010,11
11Section
11. 7.51 (4) (a) of the statutes is amended to read:
AB1010,7,412
7.51
(4) (a) The tally sheets shall state the total number of votes cast for each
13office and for each individual receiving votes for that office, whether or not the
14individual's name appears on the ballot, and shall state the vote for and against each
15proposition voted on.
For elections conducted under s. 5.20, the tally sheets shall
16also, for each round of tabulation, state the total number of highest-ranked
17preferences received by each candidate and the total number of lesser-ranked
18preferences received by each candidate, indicating the total number for each
19preference. Upon completion of the tally sheets, the inspectors shall immediately
20complete the inspectors' statement. The inspectors shall state the excess, if any, by
21which the number of ballots exceeds the number of electors voting as shown by the
22poll list and shall state the number of the last elector as shown by the poll lists. At
23least 3 inspectors, including the chief inspector and, unless election officials are
24appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one
25inspector representing each political party, but not including any inspector
1appointed under s. 7.30 (1) (b), shall then certify to the correctness of the statement
2and tally sheets and sign their names. All other election officials assisting with the
3tally shall also certify to the correctness of the tally sheets. When the tally is
4complete, the inspectors shall publicly announce the results from the statement.
AB1010,12
5Section
12. 7.51 (5) (a) 3. of the statutes is amended to read:
AB1010,7,116
7.51
(5) (a) 3. The inspectors shall also seal the inspectors' statement, inside
7a separate carrier envelope, and shall similarly seal in a separate carrier envelope
8one tally sheet and one poll list for delivery to the municipal clerk.
For elections
9conducted under s. 5.20, the inspectors shall enclose the tally sheet provided under
10s. 7.62 (1m). For school district elections, except in 1st class cities, the inspectors
11shall seal one tally sheet and one poll list for delivery to the school district clerk.