LRB-3418/1
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2017 - 2018 LEGISLATURE
May 16, 2017 - Introduced by Representatives Sargent, Spreitzer, C. Taylor,
Zepnick and Ohnstad, cosponsored by Senators Carpenter and Ringhand.
Referred to Committee on Campaigns and Elections.
AB322,1,7 1An Act to repeal 5.35 (6) (b), 5.51 (7), 5.81 (4), 5.91 (6), 7.50 (1) (d) and 8.50 (3)
2(c); to renumber and amend 5.37 (4); and to amend 5.02 (16m), 5.62 (1), 5.62
3(2), 5.62 (3), 5.655 (1), 5.84 (1), 5.91 (1) and (3), 6.80 (2) (am), 6.80 (2) (f), 6.87
4(4) (b) 1., 7.08 (2) (b), 7.50 (2) (g), 8.16 (1), (6) and (7), 8.17 (1) (a), 8.20 (9), 8.50
5(3) (b), 9.10 (3) (e), 10.02 (3) (b) 2. and 11.06 (7m) (a) of the statutes; relating
6to:
authorization for electors to vote in the primary of more than one political
7party.
Analysis by the Legislative Reference Bureau
Under current law, a voter in a partisan primary election may cast a ballot or
vote in the column of only one major political party, regardless of the number of
candidates who are running for office in that party, if any. Similarly, a voter in a
partisan 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 a partisan primary to “split tickets," designating the
candidate of his or her choice for each office, including the offices of governor and
lieutenant governor, regardless of party affiliation. The bill also allows a voter to vote
for independent candidates for one or more state offices in a partisan primary, in

addition to party candidates for one or more state or county offices. Under the bill,
a voter may still vote for only one candidate for each office. The voting procedure at
the general election and other partisan elections is unaffected by the bill.
The bill initially applies to voting at the 2018 partisan primary election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB322,1 1Section 1. 5.02 (16m) of the statutes is amended to read:
AB322,2,42 5.02 (16m) “Recognized political party" means a political party which that
3qualifies for a separate ballot or column or row on partisan primary and election
4ballots
under s. 5.62 (1) (b) or (2).
AB322,2 5Section 2. 5.35 (6) (b) of the statutes is repealed.
AB322,3 6Section 3. 5.37 (4) of the statutes is renumbered 5.37 (4) (intro.) and amended
7to read:
AB322,2,98 5.37 (4) (intro.) Voting machines may be used at primary elections when they
9comply with subs. (1) and (2) and the following provisions: All candidates' names
AB322,2,14 10(a) Each candidate's name entitled to appear on the ballots ballot at the
11primary and the party that he or she represents shall appear on the machine; the
12elector cannot vote for candidates of more than one party, whenever the restriction
13applies; the elector may secretly select the party for which he or she wishes to vote;
14the
.
AB322,2,16 15(b) The elector may vote for as many candidates for each office as he or she is
16lawfully entitled to vote for, but no more.
AB322,4 17Section 4. 5.51 (7) of the statutes is repealed.
AB322,5 18Section 5. 5.62 (1) of the statutes is amended to read:
AB322,3,1819 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
20the nomination of candidates of recognized political parties for national, state, and

1county offices and independent candidates for state office in each ward, in the same
2form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
3s. 5.655. The ballots ballot shall be made up of the several party tickets with each
4party entitled to participate in the primary under par. (b) or sub. (2) having its own
5ballot column or row, except as authorized in s. 5.655. The ballots shall be secured
6together at the bottom.
The party ballot column or row of the party receiving the most
7votes for president or governor at the last general election shall be on top first with
8the other parties arranged in descending order based on their vote for president or
9governor at the last general election. The ballots columns or rows of parties
10qualifying under sub. (2) shall be placed after to the right of or below the parties
11qualifying under par. (b), in the same order in which the parties filed petitions with
12the commission. Any ballot required under par. (b) 2. shall be placed next in order.
13At polling places where voting machines are used, each party shall be represented
14in one or more separate columns or rows on the ballot. At polling places where an
15electronic voting system is used other than an electronic voting machine, each party
16may be represented in separate columns or rows on the ballot. An elector at the
17partisan primary may vote for any candidate for each office regardless of the political
18affiliation of the candidate.
AB322,4,919 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized
20political party listed on the official ballot at the last gubernatorial election whose
21candidate for any statewide office received at least 1 percent of the total votes cast
22for that office and, if the last general election was also a presidential election, every
23recognized political party listed on the ballot at that election whose candidate for
24president received at least 1 percent of the total vote votes cast for that office shall
25have a separate primary ballot or one or more separate columns or rows on the

1primary ballot as prescribed in par. (a) and a separate column on the general election
2ballot at the partisan primary and general election in every ward and election
3district. An organization which that was listed as “independent" at the last general
4election and whose candidate meets the same qualification shall receive the same
5ballot status upon petition of to the commission by the chairperson and secretary of
6the organization to the commission requesting such status and specifying their party
7name, which may not duplicate the name of an existing party. A petition under this
8subdivision may be filed no later than 5 p.m. on April 1 in the year of each general
9election.
AB322,4,2310 2. Subdivision 1. applies to a party within any assembly district or county at
11any partisan primary election only if at least one candidate of the party for any
12national, state, or county office qualifies to have his or her name appear on the ballot
13under the name of that party within that assembly district or county. The county
14clerk or county board of election commissioners shall provide a combined separate
15ballot or
one or more separate columns or rows on the ballot that will permit an
16elector to cast a vote for a write-in candidate for the nomination of any such party
17for each national, state, and county office whenever that party qualifies to be
18represented on a separate primary ballot or in one or more separate columns or rows
19under subd. 1. but does not qualify under this subdivision. The ballot shall include
20the name of each party qualifying for a separate ballot or one or more separate
21columns or rows on the ballot under each office, with the names of the candidates for
22each such party appearing in the same order in which the ballots columns or rows
23of the parties would appear under par. (a).
AB322,6 24Section 6. 5.62 (2) of the statutes is amended to read:
AB322,5,14
15.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
2organization may be represented on a separate primary ballot or in one or more
3separate columns or rows on the partisan primary ballot as prescribed in sub. (1) (a)
4and in a separate column or row on the general election ballot in every ward and
5election district. To qualify for a separate ballot column or row under this paragraph,
6the political organization shall, not later than 5 p.m. on April 1 in the year of the
7partisan primary, file with the commission a petition requesting separate ballot
8status. The petition shall be signed by at least 10,000 electors, including at least
91,000 electors residing in each of at least 3 separate congressional districts. The
10petition shall conform to the requirements of s. 8.40. No signature obtained before
11January 1 in the year of filing is valid. When the candidates of a political
12organization filing a valid petition fulfill the requirements prescribed by law, they
13shall appear on a separate ballot or in one or more separate columns or rows on the
14ballot for the period ending with the following general election.
AB322,6,315 (b) Paragraph (a) applies to a party within any assembly district or county at
16any partisan primary election only if at least one candidate of the party for any
17national, state, or county office qualifies to have his or her name appear on the ballot
18under the name of that party within that assembly district or county. The county
19clerk or county board of election commissioners shall provide a combined separate
20ballot or
one or more separate columns or rows on the ballot that will permit an
21elector to cast a vote for a write-in candidate for the nomination of any such party
22for each national, state, and county office whenever that party qualifies to be
23represented on a separate primary ballot or in one or more separate columns or rows
24under par. (a) but does not qualify under this paragraph. The ballot shall include the
25name of each party qualifying for a separate ballot or one or more separate columns

1or rows on the ballot under each office, with the names of the candidates for each such
2party appearing in the same order in which the ballots columns or rows of the parties
3would appear under sub. (1) (a).
AB322,7 4Section 7. 5.62 (3) of the statutes is amended to read:
AB322,6,135 5.62 (3) The commission shall designate the official primary ballot
6arrangement for statewide offices and district attorney within each prosecutorial
7district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and
8on each
separate column or row on the ballot, the candidates for office shall be listed
9together with the offices which that they seek in the following order whenever these
10offices appear on the partisan primary ballot: governor, lieutenant governor,
11attorney general, secretary of state, state treasurer, U.S. senator, U.S.
12representative in congress, state senator, representative to the assembly, district
13attorney, and the county offices.
AB322,8 14Section 8. 5.655 (1) of the statutes is amended to read:
AB322,6,2215 5.655 (1) Whenever a separate ballot is required to be used, a municipality may
16use a single ballot to facilitate the use of voting machines or an electronic voting
17system or, if the municipality employs paper ballots, may use a consolidated paper
18ballot that is authorized under sub. (2). If a municipality uses a single ballot in lieu
19of separate ballots, the ballot shall include a separate column or row for any office,
20or referendum or party for which a separate ballot is required by law and the ballot
21shall be distributed only to electors who are eligible to vote for all of the offices and
22referenda appearing on the ballot.
AB322,9 23Section 9. 5.81 (4) of the statutes is repealed.
AB322,10 24Section 10. 5.84 (1) of the statutes is amended to read:
AB322,7,19
15.84 (1) Where any municipality employs an electronic voting system which
2that utilizes automatic tabulating equipment, either at the polling place or at a
3central counting location, the municipal clerk shall, on any day not more than 10
4days prior to the election day on which the equipment is to be utilized, have the
5equipment tested to ascertain that it will correctly count the votes cast for all offices
6and on all measures. Public notice of the time and place of the test shall be given by
7the clerk at least 48 hours prior to the test by publication of a class 1 notice under
8ch. 985 in one or more newspapers published within the municipality if a newspaper
9is published therein, otherwise in a newspaper of general circulation therein. The
10test shall be open to the public. The test shall be conducted by processing a
11preaudited group of ballots so marked as to record a predetermined number of valid
12votes for each candidate and on each referendum. The test shall include for each
13office one or more ballots which that have votes in excess of the number allowed by
14law and, for a partisan primary election, one or more ballots which have votes cast
15for candidates of more than one recognized political party,
in order to test the ability
16of the automatic tabulating equipment to reject such votes. If any error is detected,
17the municipal clerk shall ascertain the cause and correct the error. The clerk shall
18make an errorless count before the automatic tabulating equipment is approved by
19the clerk for use in the election.
AB322,11 20Section 11. 5.91 (1) and (3) of the statutes are amended to read:
AB322,7,2221 5.91 (1) It enables an elector to vote in secrecy and to select the party for which
22an elector will vote in secrecy at a partisan primary election
.
AB322,8,2 23(3) Except in primary elections, it It enables an elector to vote for a ticket
24selected in part from the nominees of one party, and in part from the nominees of
25other parties, and in part from independent candidates and, except in the case of

1independent candidates at primary elections,
in part of from candidates whose
2names are written in by the elector.
AB322,12 3Section 12. 5.91 (6) of the statutes is repealed.
AB322,13 4Section 13. 6.80 (2) (am) of the statutes is amended to read:
AB322,8,105 6.80 (2) (am) In partisan primaries, an elector may vote for a person as the
6candidate of the party of the elector's choice, if that person's name does not appear
7on the official ballot of that party, by writing in the name of the person in the space
8provided on the ballot or the ballot provided for that purpose, or where voting
9machines are used, in the irregular ballot device, designating the party for which the
10elector desires such person to be the nominee.
AB322,14 11Section 14. 6.80 (2) (f) of the statutes is amended to read:
AB322,8,2312 6.80 (2) (f) In the presidential preference primary and other partisan primary
13elections
at polling places where ballots are distributed to electors, unless the ballots
14are prepared under s. 5.655 or are utilized with an electronic voting system in which
15all candidates appear on the same ballot, after the elector prepares his or her ballot
16the elector shall detach the remaining ballots, fold the ballots to be discarded and fold
17the completed ballot unless the ballot is intended for counting with automatic
18tabulating equipment. The elector shall then either personally deposit the ballots
19to be discarded into the separate ballot box marked “blank ballot box," and deposit
20the completed ballot into the ballot box indicated by the inspectors, or give the ballots
21to an inspector who shall deposit the ballots directly into the appropriate ballot
22boxes. The inspectors shall keep the blank ballot box locked until the canvass is
23completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
AB322,15 24Section 15. 6.87 (4) (b) 1. of the statutes is amended to read:
AB322,9,25
16.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
2absentee shall make and subscribe to the certification before one witness who is an
3adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the
4ballot in a manner that will not disclose how the elector's vote is cast. The elector
5shall then, still in the presence of the witness, fold the ballots so each is separate and
6so that the elector conceals the markings thereon and deposit them in the proper
7envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
8ballot so that the elector conceals the markings thereon and deposits the ballot in the
9proper envelope. If proof of residence under s. 6.34 is required and the document
10enclosed by the elector under this subdivision does not constitute proof of residence
11under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the
12envelope. Except as provided in s. 6.34 (2m), proof of residence is required if the
13elector is not a military elector or an overseas elector and the elector registered by
14mail or by electronic application and has not voted in an election in this state. If the
15elector requested a ballot by means of facsimile transmission or electronic mail under
16s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which
17that bears an original signature of the elector. The elector may receive assistance
18under sub. (5). The return envelope shall then be sealed. The witness may not be
19a candidate. The envelope shall be mailed by the elector, or delivered in person, to
20the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a
21location outside the United States, the elector shall affix sufficient postage unless the
22ballot qualifies for delivery free of postage under federal law. Failure to return an
23unused ballot in a primary does not invalidate the ballot on which the elector's votes
24are cast. Return of more than one marked ballot in a primary or return of a ballot
25prepared under s. 5.655 or a ballot used with an electronic voting system in a primary

1which is marked for candidates of more than one party invalidates all votes cast by
2the elector for candidates in the primary.
AB322,16 3Section 16. 7.08 (2) (b) of the statutes is amended to read:
AB322,10,84 7.08 (2) (b) The certified list of candidates for president and vice president who
5have been
nominated at a national convention by a party entitled to a separate
6column or row on the
partisan primary ballot or for whom electors have been
7nominated under s. 8.20 shall be sent as soon as possible after the closing date for
8filing nomination papers, but no later than the deadlines established in s. 10.06.
AB322,17 9Section 17. 7.50 (1) (d) of the statutes is repealed.
AB322,18 10Section 18. 7.50 (2) (g) of the statutes is amended to read:
AB322,10,1311 7.50 (2) (g) In partisan primaries, if an elector writes in the name of an
12individual on a ballot in a column or row other than the one on which that individual's
13name is shown as a candidate, the write-in vote may not be counted.
AB322,19 14Section 19. 8.16 (1), (6) and (7) of the statutes are amended to read:
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