LRB-0667/1
JTK:kaf:km
1997 - 1998 LEGISLATURE
February 12, 1997 - Introduced by Senators Risser, Rude and A. Lasee,
cosponsored by Representatives Porter, Otte, Vander Loop, Johnsrud,
Seratti, Ourada, Baldwin, Ziegelbauer, Musser, Baumgart, Carpenter,
Staskunas, Gronemus
and Wasserman. Referred to Committee on Economic
Development, Housing and Government Operations.
SB71,1,5 1An Act to repeal 5.35 (6) (b), 5.81 (4), 5.91 (6), 7.50 (1) (d) and 8.50 (3) (c); to
2renumber
5.35 (6) (a); and to amend 5.37 (4), 5.62 (1), (2) and (5), 5.84 (1), 5.91
3(1) and (3), 6.80 (2) (f), 7.50 (2) (g), 8.16 (1), (6) and (7) and 10.02 (3) (b) 2. and
42m. of the statutes; relating to: authorization for electors to vote in the
5primary of more than one political party.
Analysis by the Legislative Reference Bureau
Presently, a voter in a partisan primary election may cast a ballot or vote in the
column of only one political party, regardless of the number of candidates who are
running for office in that party, if any. Alternatively, a voter in the September
primary may vote for any of the independent candidates for state office, but if the
voter chooses this option, he or she may not vote for any party candidates for any
office. (Candidates of minor parties appear on the ballot as independent candidates.)
This bill permits a voter in the September primary and other partisan
primaries to "split tickets", designating the candidate of his or her choice for each
office regardless of party affiliation (except that the voter's choice for governor and
lieutenant governor must be from the same party). The bill also allows a voter to vote
for independent candidates for state offices in the September primary, in addition to
party candidates. Under the bill, a voter may still vote for only one candidate for each
office. The general election voting procedure is unaffected by the bill.

The bill initially applies to voting at the 1998 September primary election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB71, s. 1 1Section 1. 5.35 (6) (a) of the statutes is renumbered 5.35 (6).
SB71, s. 2 2Section 2. 5.35 (6) (b) of the statutes is repealed.
SB71, s. 3 3Section 3. 5.37 (4) of the statutes is amended to read:
SB71,2,134 5.37 (4) Voting machines may be used at primary elections when they comply
5with subs. (1) and (2) and the following provisions: All candidates' names. Each
6candidate's name
entitled to appear on the ballots ballot at the primary and the party
7that he or she represents
shall appear on the machine; the elector cannot vote for
8candidates of more than one party, whenever the restriction applies, and an elector
9who votes for candidates of any party may not vote for independent candidates at the
10September primary; the elector may secretly select the party for which he or she
11wishes to vote, or the independent candidates in the case of the September primary;
12the
. The elector may vote for as many candidates for each office as he or she is
13lawfully entitled to vote for, but no more.
SB71, s. 4 14Section 4. 5.62 (1), (2) and (5) of the statutes are amended to read:
SB71,3,1515 5.62 (1) (a) At September primaries, the following ballot shall be provided for
16the nomination of candidates of recognized political parties for national, state and
17county offices and independent candidates for state office in each ward, in the same
18form as prescribed by the board under s. 7.08 (1) (a). The ballots shall be made up
19of the several party tickets with each party entitled to participate in the primary
20under par. (b) or sub. (2) having its own ballot column. The independent candidates
21for state office other than district attorney shall have a separate ballot column for
22all such candidates as under s. 5.64 (1) (e). The ballots shall be secured together at

1the bottom.
The party ballot column of the party receiving the most votes for
2president or governor at the last general election shall be on top first with the other
3parties arranged in descending order based on their vote for president or governor
4at the last general election. The ballots columns of parties qualifying under sub. (2)
5shall be placed after to the right of the parties qualifying under par. (b), in the same
6order in which the parties filed petitions with the board. The ballot column listing
7the independent candidates shall be placed at the bottom last. At polling places
8where voting machines are used, each party and the independent candidates shall
9be represented in one or more separate columns or rows on the ballot. At polling
10places where an electronic voting system is used other than an electronic voting
11machine, each party and the independent candidates may be represented in separate
12columns or rows on the ballot. Any elector at any September primary may vote for
13any candidate for each office regardless of the political affiliation of the candidate;
14except that an elector may not cast votes for candidates for governor and lieutenant
15governor if the candidates are of more than one political affiliation.
SB71,4,716 (b) Every recognized political party listed on the official ballot at the last
17gubernatorial election whose candidate for any statewide office received at least one
18percent of the total votes cast for that office and, if the last general election was also
19a presidential election, every recognized political party listed on the ballot at that
20election whose candidate for president received at least one percent of the total vote
21cast for that office shall have a separate primary ballot or one or more separate
22columns or rows on the primary ballot as prescribed in par. (a) and a separate column
23on the general election
ballot at the September primary and general election in every
24ward and election district. An organization which was listed as "independent" at the
25last general election and whose candidate meets the same qualification shall receive

1the same ballot status upon petition of the chairperson and secretary of the
2organization to the board requesting such status and specifying their party name,
3which may not duplicate the name of an existing party. A petition under this
4paragraph may be filed no later than 5 p.m. on June 1 in the year of each general
5election. This paragraph applies to a party only if at least one candidate of the party
6for a state office qualifies to have his or her name appear on the ballot under the name
7of the party at the last gubernatorial election.
SB71,4,20 8(2) Any political organization may be represented on a separate primary ballot
9or
in one or more separate columns or rows on the September primary ballot as
10prescribed in sub. (1) (a) and a separate column or row on the general election ballot
11in every ward and election district if, not later than 5 p.m. on June 1 in the year of
12a September primary, it files with the board a petition so requesting. To qualify for
13a separate ballot column or row, the petition shall be signed by at least 10,000
14electors, including at least 1,000 electors residing in each of at least 3 separate
15congressional districts. The petition shall conform to the requirements of s. 8.40. No
16signature obtained before January 1 in the year of filing is valid. When the
17candidates of a political organization filing a valid petition fulfill the requirements
18prescribed by law, they shall appear on a separate ballot or in one or more separate
19columns or rows on the ballot for the period ending with the following general
20election.
SB71,5,2 21(5) At the September primary, an elector may vote for the candidates of only
22one party, or the elector may vote for any of the independent candidates for state
23office listed; but the elector may not vote for more than one candidate for a single
24office.
A space shall be provided on the ballot for an elector to write in the name of

1his or her choice as a party candidate for any office, but no space shall be provided
2to write in the names of independent candidates.
SB71, s. 5 3Section 5. 5.81 (4) of the statutes is repealed.
SB71, s. 6 4Section 6. 5.84 (1) of the statutes is amended to read:
SB71,5,235 5.84 (1) Where any municipality employs an electronic voting system which
6utilizes automatic tabulating equipment, either at the polling place or at a central
7counting location, the municipal clerk shall, on any day not more than 10 days prior
8to the election day on which the equipment is to be utilized, have the equipment
9tested to ascertain that it will correctly count the votes cast for all offices and on all
10measures. Public notice of the time and place of the test shall be given by the clerk
11at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
12one or more newspapers published within the municipality if a newspaper is
13published therein, otherwise in a newspaper of general circulation therein. The test
14shall be open to the public. The test shall be conducted by processing a preaudited
15group of ballots so punched or marked as to record a predetermined number of valid
16votes for each candidate and on each referendum. The test shall include for each
17office one or more ballots which have votes in excess of the number allowed by law
18and, for a partisan primary election, one or more ballots which have votes cast for
19candidates of more than one recognized political party,
in order to test the ability of
20the automatic tabulating equipment to reject such votes. If any error is detected, the
21municipal clerk shall ascertain the cause and correct the error. The clerk shall make
22an errorless count before the automatic tabulating equipment is approved by the
23clerk for use in the election.
SB71, s. 7 24Section 7. 5.91 (1) and (3) of the statutes are amended to read:
SB71,6,3
15.91 (1) It enables an elector to vote in secrecy and to select the party or the
2independent candidates for whom an elector will vote in secrecy at a partisan
3primary election
.
SB71,6,8 4(3) Except in primary elections, it It enables an elector to vote for a ticket
5selected in part from the nominees of one party, and in part from the nominees of
6other parties, and in part from independent candidates and, except in the case of
7independent candidates at primary elections,
in part of candidates whose names are
8written in by the elector.
SB71, s. 8 9Section 8. 5.91 (6) of the statutes is repealed.
SB71, s. 9 10Section 9. 6.80 (2) (f) of the statutes is amended to read:
SB71,6,2011 6.80 (2) (f) In the presidential preference primary and other partisan primary
12elections
at polling places where ballots are distributed to electors, unless the ballots
13are utilized with an electronic voting system in which all candidates appear on the
14same ballot, after the elector prepares his or her ballot the elector shall detach the
15remaining ballots, fold the ballots to be discarded, fold the completed ballot unless
16the ballot is intended for counting with automatic tabulating equipment, personally
17deposit the ballots to be discarded in the separate ballot box marked "blank ballot
18box", and deposit the completed ballot in the ballot box indicated by the inspectors.
19The inspectors shall keep the blank ballot box locked until the canvass is completed
20and shall dispose of the blank ballots as prescribed by the municipal clerk.
SB71, s. 10 21Section 10. 7.50 (1) (d) of the statutes is repealed.
SB71, s. 11 22Section 11. 7.50 (2) (g) of the statutes is amended to read:
SB71,6,2523 7.50 (2) (g) In partisan primaries, if an elector writes in the name of an
24individual on a ballot in a column or row other than the one on which that individual's
25name is shown as a candidate, the write-in vote may not be counted.
SB71, s. 12
1Section 12. 8.16 (1), (6) and (7) of the statutes are amended to read:
SB71,7,82 8.16 (1) Except as provided in sub. (2), the person who receives the greatest
3number of votes for an office on a party ballot at any partisan primary, regardless of
4whether the person's name appears on the ballot, shall be the party's candidate for
5the office, and the person's name shall so appear on the official ballot at the next
6election. All independent candidates shall appear on the general election ballot
7regardless of the number of votes received by such candidates at the September
8primary.
SB71,7,12 9 (6) The persons who receive the greatest number of votes respectively for the
10offices of governor and lieutenant governor on for any party ballot at a primary shall
11be the party's joint candidates for the offices, and their names shall so appear on the
12official ballot at the next election.
SB71,7,19 13(7) Nominees chosen at a national convention and under s. 8.18 (2) by each
14party entitled to a separate column or row on a September primary ballot shall be
15the party's candidates for president, vice president and presidential electors. The
16state or national chairperson of each such party shall certify the names of the party's
17nominees for president and vice president to the board no later than 5 p.m. on the
18first Tuesday in September preceding a presidential election. Each name shall be in
19one of the formats authorized in s. 7.08 (2) (a).
SB71, s. 13 20Section 13. 8.50 (3) (c) of the statutes is repealed.
SB71, s. 14 21Section 14. 10.02 (3) (b) 2. and 2m. of the statutes are amended to read:
SB71,8,222 10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party
23ballot
candidate of his or her choice for each office and shall make a cross (8) in the
24square at the right of or depress the lever or button next to the candidate's name for

1each office for whom the elector intends to vote, or shall insert or write in the name
2of the elector's choice for a candidate.
SB71,8,113 2m. At the September primary, the elector shall select the party ballot
4candidate of his or her choice or the ballot containing the names of the independent
5candidates
for state each office, and make a cross (8) in the square at the right of or
6depress the lever or button next to the candidate's name for each office for whom the
7elector intends to vote or insert or write in the name of the elector's choice for a party
8candidate, if any. In order to qualify for participation in the Wisconsin election
9campaign fund, a candidate for state office at the September primary, other than a
10candidate for district attorney, must receive at least 6% of all votes cast on all ballots
11for the office for which he or she is a candidate, in addition to other requirements.
SB71, s. 15 12Section 15. Initial applicability.
SB71,8,1413 (1) This act first applies with respect to voting at the 1998 September primary
14election.
SB71,8,1515 (End)
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