AB689: Bill Text

LRB-2045/1

JTK:lmk:jf

2005 - 2006 LEGISLATURE

2005 Assembly BILL 689

September 26, 2005 - Introduced by Representatives Pocan, Berceau, Wood and Zepnick, cosponsored by Senators Miller and Hansen. Referred to Committee on Campaigns and Elections.

AB689,1,8 An Act to amend 5.01 (3) (a), 5.58 (3), 5.62 (5), 5.64 (1) (g), 6.80 (2) (am), 7.08 (1) (c), 7.50 (1) (c), 7.51 (4) (a), 7.51 (5) (a), 7.53 (1), 7.60 (4) (a), 7.60 (4) (c), 8.05 (3) (a), 8.05 (4) (a), 8.11 (1) (a) to (c), 8.11 (2), (2m) and (5), 8.50 (3) (b), 9.10 (3) (d) and 10.02 (3) (intro.); and to create 5.01 (3) (c), 5.01 (4) (e), 5.20, 5.40 (5s), 5.60 (6s), 5.62 (4) (c), 5.64 (1) (h), 6.80 (2) (g), 7.50 (2) (k), 7.52, 8.05 (1) (L), 8.11 (6) and 10.02 (4) of the statutes; relating to: use of preferential voting to determine the results of elections for local offices and granting rule-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. 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.

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:

AB689, s. 1 Section 1. 5.01 (3) (a) of the statutes is amended to read:

AB689,3,5 5.01 (3) (a) Except as provided in par. pars. (b) and (c), in every election to choose any officer, each elector has one vote for each office unless clearly indicated otherwise. The person receiving the greatest number of legal votes for the office shall be declared elected, and the canvassers shall so determine and certify.

AB689, s. 2 Section 2. 5.01 (3) (c) of the statutes is created to read:

AB689,3,10 5.01 (3) (c) In every election for a local office in which the preferential voting method is used, any person who receives a majority of the first-choice votes shall be declared elected, and if no person receives a majority of first-choice votes, the election shall be determined in accordance with s. 7.52.

AB689, s. 3 Section 3. 5.01 (4) (e) of the statutes is created to read:

AB689,3,16 5.01 (4) (e) This subsection applies to elections at which the preferential voting method is used to break ties between candidates for an office or seat who receive the same number of votes of specified choice, but does not apply at such elections if more than one candidate for an office or seat receives the same number of lowest-choice votes.

AB689, s. 4 Section 4. 5.20 of the statutes is created to read:

AB689,3,18 5.20 Preferential voting method. (1) In this section:

AB689,4,2 (a) "Local governmental unit" means a county, city, village, town, or special purpose district.

AB689,4,7 (b) "Preferential voting" means a voting method in which the electors voting in an election for an elective office are permitted to express and order their preferences for all candidates whose names appear on the ballot for the same office or seat, or in a partisan primary election, for all candidates whose names appear on the ballot of the party selected by the elector for the same office or seat.

AB689,4,17 (2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d), the policy-making body of any local governmental unit that is served by elective officers may adopt preferential voting as the method of voting and determination of the results of all elections for offices to be filled in the local governmental unit. If the preferential voting method is to be used in elections for the office of municipal judge of a joint municipal court under s. 755.01 (4), the governing body of each contracting municipality shall act under this subsection. A body may act under this subsection by ordinance or, if the body does not enact ordinances, by resolution adopted at a meeting of the body. A policy-making body that has adopted preferential voting under this subsection may revoke that action in like manner.

AB689,4,20 (3) Action of a body under sub. (2) is effective for all elections held for the election of officers of a local governmental unit on and after the 120th day beginning after the action is taken, except as provided in sub. (7).

AB689,5,7 (4) In jurisdictions where preferential voting is used, an elector may cast as many preferential votes for each office as there are candidates for the office whose names appear on the ballot. If more than one seat on a policy-making body is to be filled at large, an elector may cast one vote for each seat that is contested, multiplied by the number of candidates, and may cast as many preferential votes for the seats to be filled as there are candidates for those seats whose names appear on the ballot. If write-in votes are permitted, a voter may vote for a write-in candidate in lieu of any candidate whose name appears on the ballot. To indicate a preference, an elector shall mark his or her ballot with or cause the voting machine to reflect the elector's first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector is not required to indicate a choice and is not required to indicate as many choices as the elector is eligible to indicate.

AB689,5,14 (5) The preferential voting method may not be used for balloting or canvassing within any ward or election district in which an election for an office is held unless it is used for balloting and canvassing within all wards and election districts in which that election is held. A preferential voting method may not be used in balloting or canvassing of votes for any office of a local governmental unit to be filled at an election unless it is used in balloting and canvassing of votes for all of the offices of the local governmental unit to be filled at that election.

AB689,5,16 (6) In tallying votes in elections where preferential voting is used, the method of canvassing specified in s. 7.52 shall be used.

AB689,6,2 (7) Whenever the policy-making body of a local governmental unit adopts or discontinues the preferential voting method to determine the election of the elective officers of the local governmental unit, the body shall promptly provide written notice of its action to the municipal clerk of each municipality other than the local governmental unit that lies wholly or partially within the jurisdiction of the local governmental unit. The body shall provide the notice no later than the 120th day preceding any election at which the preferential voting method is to be used, except that, if any municipality that lies wholly or partially within that jurisdiction does not employ an electronic voting system on the date of the body's determination to use the preferential voting method, the body shall provide the notice no later than 9 months preceding any election at which the preferential voting method is to be used.

AB689, s. 5 Section 5. 5.40 (5s) of the statutes is created to read:

AB689,6,9 5.40 (5s) If a local governmental unit elects under s. 5.20 to utilize the preferential voting method to determine the results of elections for elective offices of that local governmental unit, each municipality having territory within the jurisdiction of that local governmental unit shall require the use of an electronic voting system at every polling place in the municipality at every election for those elective offices.

AB689, s. 6 Section 6. 5.58 (3) of the statutes is amended to read:

AB689,7,2 5.58 (3) Names on spring ballot. Only Except in elections at which the preferential voting method is used, only 2 candidates for state superintendent, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

AB689, s. 7 Section 7. 5.60 (6s) of the statutes is created to read:

AB689,7,6 5.60 (6s) Preferential voting method. If the preferential voting method is used in an election for local office, the form of the ballot shall conform to the requirements of s. 5.20 (4).

AB689, s. 8 Section 8. 5.62 (4) (c) of the statutes is created to read:

AB689,7,9 5.62 (4) (c) No primary shall be held for county offices if the preferential voting method is used.

AB689, s. 9 Section 9. 5.62 (5) of the statutes is amended to read:

AB689,7,20 5.62 (5) At the September primary, except in elections for county offices at which the preferential voting method is used, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A Except in elections at which the preferential voting method is used, a space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, including a party candidate of a party whose name appears on the ballot, column or row designated for independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided to write in the names of independent candidates.

AB689, s. 10 Section 10. 5.64 (1) (g) of the statutes is amended to read:

AB689,7,25 5.64 (1) (g) Following under the independent candidates for each office, a space shall be provided for the elector to write in the name of a candidate of his or her choice for that office. In elections at which the preferential voting method is used, the ballot shall conform to the requirements of s. 5.20 (4).

AB689, s. 11 Section 11. 5.64 (1) (h) of the statutes is created to read:

AB689,8,3 5.64 (1) (h) If the preferential voting method is used at an election for county offices, the form of the ballot shall conform to the requirements of s. 5.20 (4).

AB689, s. 12 Section 12. 6.80 (2) (am) of the statutes is amended to read:

AB689,8,11 6.80 (2) (am) In partisan primaries, except in elections at which the preferential voting method is used, an elector may vote for a person as the candidate of the party of the elector's choice, if that person's name does not appear on the official ballot of that party, by writing in the name of the person in the space provided on the ballot or the ballot provided for that purpose, or where voting machines are used, in the irregular ballot device, designating the party for which the elector desires such person to be the nominee.

AB689, s. 13 Section 13. 6.80 (2) (g) of the statutes is created to read:

AB689,8,22 6.80 (2) (g) In elections for offices at which the preferential voting method is used, an elector may cast as many preferential votes for each office or seat as there are candidates whose names appear on the ballot for that office or seat. If more than one seat on a governmental body is to be filled at large, an elector may cast as many preferential votes for that office or seat as there are candidates whose names appear on the ballot for all of the seats to be filled. An elector who indicates preferences for candidates for an office or seat must indicate a different preference for each candidate for that office or seat. If an elector does not indicate a preference between candidates for an office or seat, the elector has one vote for each office or seat to be filled at the election.

AB689, s. 14 Section 14. 7.08 (1) (c) of the statutes, as affected by 2003 Wisconsin Act 265, is amended to read:

AB689,9,5 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), and 6.86 (2) and (3), and 7.52 (1). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB689, s. 15 Section 15. 7.50 (1) (c) of the statutes is amended to read: