LRB-3659/1
JTK:lmk:rs
2007 - 2008 LEGISLATURE
February 26, 2008 - Introduced by Representatives Pocan, Berceau, Boyle,
Sheridan, Wood and
Zepnick, cosponsored by Senators Miller and Hansen.
Referred to Committee on Elections and Constitutional Law.
AB888,1,8
1An Act to amend 5.01 (3) (a), 5.58 (3), 5.62 (5), 5.64 (1) (g), 6.80 (2) (am), 7.08
2(1) (c), 7.50 (1) (c), 7.51 (4) (a), 7.51 (5) (a) 3., 7.53 (1), 7.60 (4) (a), 7.60 (4) (c), 8.05
3(3) (a), 8.05 (5), 8.11 (1) (a) to (c), 8.11 (1m) (a) to (c), 8.11 (2), (2m) and (5), 8.50
4(3) (b), 9.10 (3) (d) and 10.02 (3) (intro.); and
to create 5.01 (3) (c), 5.01 (4) (e),
55.20, 5.40 (5s), 5.60 (6s), 5.62 (4) (c), 5.64 (1) (h), 6.80 (2) (g), 7.50 (2) (k), 7.515,
68.05 (1) (L), 8.11 (6) and 10.02 (4) of the statutes;
relating to: use of preferential
7voting to determine the results of elections for local offices and granting
8rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, a voter at a primary or other election for a county, municipal, or other
local office may cast one vote for a candidate for each office or seat that appears on
the ballot. If a primary is required for a partisan office, a voter may select the party
of his or her choice and may vote for one candidate for each office within that party.
If a primary is required for a nonpartisan office, a voter may select the candidate of
his or her choice for each office or seat that appears on the ballot, and the names of
the two candidates for that office or seat who receive the greatest numbers of votes
then appear on the ballot at the ensuing election. Generally, a primary election is
required to be held whenever there are more than two candidates who qualify to have
their names appear on the ballot for a nonpartisan office or seat or, whenever more
than one seat is to be filled on a governmental body at the same election, if there are
more than twice as many candidates for seats as there are seats to be filled from a
given jurisdiction or district. In a village, the board of trustees may require
nomination of candidates for village officers by nomination papers for a specific
election and may then require a primary within three days after the deadline for
filing of nomination papers for that election unless the electors of the village, by
petition require, or the village by charter ordinance requires, that a primary be held.
A primary is not held in elections for town or village officers in a town or village where
a caucus is used to nominate candidates for town or village offices.
This bill permits the governing body of each county, municipality, or other local
governmental unit that is served by elective officers, except a town or village where
a caucus is used, to adopt a preferential voting method (also called an "instant runoff"
method) for the election of those officers. Under the preferential voting method,
whenever there are three or more candidates for an office or seat to be filled at an
election, each voter may cast as many votes for each office or seat as there are
candidates whose names appear on the ballot for that office or seat. If the voter votes
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 subsequent choices in sequential preference. A voter may also vote 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" vote for that candidate. If any candidate receives a
majority of the first-choice votes cast and votes cast without indicating a preference
for the office or seat, that candidate is elected. If no candidate receives a majority
of the first-choice and no-preference votes cast for an office or seat, the name of the
candidate receiving the least number of first-choice votes is dropped and the
second-choice votes of the voters who voted for that candidate, if any, are then added
to the first-choice votes received by the other candidates. In addition, the
third-choice votes of the voters who voted for that candidate, if any, are then added
to the second-choice votes received by the other candidates. Additional choices of
those voters are allocated to the other candidates in a similar manner. If any
candidate for the office or seat then has a majority of the combined first-choice,
reallocated second-choice and no-preference votes cast, that candidate is elected.
If not, the procedure is repeated until one candidate receives a majority of the
combined first-choice, reallocated second-choice, and no-preference votes cast. If
this voting method is used at an election for a nonpartisan office, no primary election
is held. Once adopted, the preferential voting method must be used in all elections
of the local governmental unit, but the local governmental unit may discontinue use
of the system upon 90 days' notice to affected municipalities. The procedure does not
apply at recall elections for county offices. Under the bill, if a village board of trustees
adopts a preferential voting method for the nomination of candidates for village
offices, the electors of the village may not require a primary by petition and the
village may not require a primary by charter ordinance.
Currently, municipalities having a population of 7,500 or more must use voting
machines or an electronic voting system at every election. This bill requires any local
governmental unit that elects to use the preferential voting method for the election
of its officers to ensure that an electronic voting system is used in every municipality
that lies wholly or partially within the jurisdiction of the local governmental unit at
every election where this method of voting is used. If a municipality that lies within
the jurisdiction does not utilize an electronic voting system, the local governmental
unit must provide notice to the municipality that an electronic voting system will be
required at least nine months before the initial election at which the voting method
is to be used. The affected municipality must then acquire the necessary voting
system at municipal expense in time for the system to be used at the election.
For further information see the 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:
AB888, s. 1
1Section
1. 5.01 (3) (a) of the statutes is amended to read:
AB888,3,52
5.01
(3) (a) Except as provided in
par. pars. (b)
and (c), in every election to
3choose any officer, each elector has one vote for each office unless clearly indicated
4otherwise. The person receiving the greatest number of legal votes for the office shall
5be declared elected, and the canvassers shall so determine and certify.
AB888, s. 2
6Section
2. 5.01 (3) (c) of the statutes is created to read:
AB888,3,107
5.01
(3) (c) In every election for a local office in which the preferential voting
8method is used, any person who receives a majority of the first-choice votes shall be
9declared elected, and if no person receives a majority of first-choice votes, the
10election shall be determined in accordance with s. 7.515.
AB888, s. 3
11Section
3. 5.01 (4) (e) of the statutes is created to read:
AB888,4,212
5.01
(4) (e) This subsection applies to elections at which the preferential voting
13method is used to break ties between candidates for an office or seat who receive the
14same number of votes of specified choice, but does not apply at such elections if more
1than one candidate for an office or seat receives the same number of lowest-choice
2votes.
AB888, s. 4
3Section
4. 5.20 of the statutes is created to read:
AB888,4,4
45.20 Preferential voting method. (1) In this section:
AB888,4,65
(a) "Local governmental unit" means a county, city, village, town, or special
6purpose district.
AB888,4,117
(b) "Preferential voting" means a voting method in which the electors voting
8in an election for an elective office are permitted to express and order their
9preferences for all candidates whose names appear on the ballot for the same office
10or seat, or in a partisan primary election, for all candidates whose names appear on
11the ballot of the party selected by the elector for the same office or seat.
AB888,4,21
12(2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d), the policy-making body
13of any local governmental unit that is served by elective officers may adopt
14preferential voting as the method of voting and determination of the results of all
15elections for offices to be filled in the local governmental unit. If the preferential
16voting method is to be used in elections for the office of municipal judge of a joint
17municipal court under s. 755.01 (4), the governing body of each contracting
18municipality shall act under this subsection. A body may act under this subsection
19by ordinance or, if the body does not enact ordinances, by resolution adopted at a
20meeting of the body. A policy-making body that has adopted preferential voting
21under this subsection may revoke that action in like manner.
AB888,4,24
22(3) Action of a body under sub. (2) is effective for all elections held for the
23election of officers of a local governmental unit on and after the 120th day beginning
24after the action is taken, except as provided in sub. (7).
AB888,5,12
1(4) In jurisdictions where preferential voting is used, an elector may cast as
2many preferential votes for each office as there are candidates for the office whose
3names appear on the ballot. If more than one seat on a policy-making body is to be
4filled at large, an elector may cast one vote for each seat that is contested, multiplied
5by the number of candidates, and may cast as many preferential votes for the seats
6to be filled as there are candidates for those seats whose names appear on the ballot.
7If write-in votes are permitted, a voter may vote for a write-in candidate in lieu of
8any candidate whose name appears on the ballot. To indicate a preference, an elector
9shall mark his or her ballot with or cause the voting machine to reflect the elector's
10first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector is not
11required to indicate a choice and is not required to indicate as many choices as the
12elector is eligible to indicate.
AB888,5,19
13(5) The preferential voting method may not be used for balloting or canvassing
14within any ward or election district in which an election for an office is held unless
15it is used for balloting and canvassing within all wards and election districts in which
16that election is held. A preferential voting method may not be used in balloting or
17canvassing of votes for any office of a local governmental unit to be filled at an
18election unless it is used in balloting and canvassing of votes for all of the offices of
19the local governmental unit to be filled at that election.
AB888,5,21
20(6) In tallying votes in elections where preferential voting is used, the method
21of canvassing specified in s. 7.515 shall be used.
AB888,6,7
22(7) Whenever the policy-making body of a local governmental unit adopts or
23discontinues the preferential voting method to determine the election of the elective
24officers of the local governmental unit, the body shall promptly provide written
25notice of its action to the municipal clerk of each municipality other than the local
1governmental unit that lies wholly or partially within the jurisdiction of the local
2governmental unit. The body shall provide the notice no later than the 120th day
3preceding any election at which the preferential voting method is to be used, except
4that, if any municipality that lies wholly or partially within that jurisdiction does not
5employ an electronic voting system on the date of the body's determination to use the
6preferential voting method, the body shall provide the notice no later than 9 months
7preceding any election at which the preferential voting method is to be used.
AB888, s. 5
8Section
5. 5.40 (5s) of the statutes is created to read:
AB888,6,149
5.40
(5s) If a local governmental unit elects under s. 5.20 to utilize the
10preferential voting method to determine the results of elections for elective offices of
11that local governmental unit, each municipality having territory within the
12jurisdiction of that local governmental unit shall require the use of an electronic
13voting system at every polling place in the municipality at every election for those
14elective offices.
AB888, s. 6
15Section
6. 5.58 (3) of the statutes is amended to read:
AB888,7,716
5.58
(3) Names on spring ballot.
Only Except in elections at which the
17preferential voting method is used, only 2 candidates for state superintendent, for
18any judicial office, for any elected seat on a metropolitan sewerage commission or
19town sanitary district commission, in counties having a population of 500,000 or
20more only 2 candidates for member of the board of supervisors within each district,
21in counties having a population of less than 500,000 only 2 candidates for each
22member of the county board of supervisors from each district or numbered seat or
23only 4 candidates for each 2 members of the county board of supervisors from each
24district whenever 2 supervisors are elected to unnumbered seats from the same
25district, in 1st class cities only 2 candidates for any at-large seat and only 2
1candidates from any election district to be elected to the board of school directors, in
2school districts electing school board members to numbered seats, or pursuant to an
3apportionment plan or district representation plan, only 2 school board candidates
4for each numbered seat or within each district, and twice as many candidates as are
5to be elected members of other school boards or other elective officers receiving the
6highest number of votes at the primary shall be nominees for the office at the spring
7election. Only their names shall appear on the official spring ballot.
AB888, s. 7
8Section
7. 5.60 (6s) of the statutes is created to read:
AB888,7,119
5.60
(6s) Preferential voting method. If the preferential voting method is
10used in an election for local office, the form of the ballot shall conform to the
11requirements of s. 5.20 (4).
AB888, s. 8
12Section
8. 5.62 (4) (c) of the statutes is created to read:
AB888,7,1413
5.62
(4) (c) No primary shall be held for county offices if the preferential voting
14method is used.
AB888, s. 9
15Section
9. 5.62 (5) of the statutes is amended to read:
AB888,7,2516
5.62
(5) At the September primary,
except in elections for county offices at
17which the preferential voting method is used, an elector may vote for the candidates
18of only one party, or the elector may vote for any of the independent candidates for
19state office listed; but the elector may not vote for more than one candidate for a
20single office.
A Except in elections at which the preferential voting method is used,
21a space shall be provided on the ballot for an elector to write in the name of his or her
22choice as a party candidate for any office, including a party candidate of a party
23whose name appears on the ballot, column or row designated for independent
24candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided to write
25in the names of independent candidates.
AB888, s. 10
1Section
10. 5.64 (1) (g) of the statutes is amended to read:
AB888,8,52
5.64
(1) (g) Following under the independent candidates for each office, a space
3shall be provided for the elector to write in the name of a candidate of his or her choice
4for that office.
In elections at which the preferential voting method is used, the ballot
5shall conform to the requirements of s. 5.20 (4).
AB888, s. 11
6Section
11. 5.64 (1) (h) of the statutes is created to read:
AB888,8,87
5.64
(1) (h) If the preferential voting method is used at an election for county
8offices, the form of the ballot shall conform to the requirements of s. 5.20 (4).
AB888, s. 12
9Section
12. 6.80 (2) (am) of the statutes is amended to read:
AB888,8,1610
6.80
(2) (am) In partisan primaries,
except in elections at which the
11preferential voting method is used, an elector may vote for a person as the candidate
12of the party of the elector's choice, if that person's name does not appear on the official
13ballot of that party, by writing in the name of the person in the space provided on the
14ballot or the ballot provided for that purpose, or where voting machines are used, in
15the irregular ballot device, designating the party for which the elector desires such
16person to be the nominee.
AB888, s. 13
17Section
13. 6.80 (2) (g) of the statutes is created to read:
AB888,9,218
6.80
(2) (g) In elections for offices at which the preferential voting method is
19used, an elector may cast as many preferential votes for each office or seat as there
20are candidates whose names appear on the ballot for that office or seat. If more than
21one seat on a governmental body is to be filled at large, an elector may cast as many
22preferential votes for that office or seat as there are candidates whose names appear
23on the ballot for all of the seats to be filled. An elector who indicates preferences for
24candidates for an office or seat must indicate a different preference for each
25candidate for that office or seat. If an elector does not indicate a preference between
1candidates for an office or seat, the elector has one vote for each office or seat to be
2filled at the election.
AB888, s. 14
3Section
14. 7.08 (1) (c) of the statutes is amended to read:
AB888,9,84
7.08
(1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1),
56.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2),
and 6.86 (2) to (3)
, and 7.515 (1). All such
6forms shall contain a statement of the penalty applicable to false or fraudulent
7registration or voting through use of the form. Forms are not required to be furnished
8by the board.
AB888, s. 15
9Section
15. 7.50 (1) (c) of the statutes is amended to read:
