AB288,1,6 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:
authorizing electors to vote in the primary 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 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 2016 partisan primary election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB288,1 1Section 1. 5.02 (16m) of the statutes is amended to read:
AB288,2,42 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).
AB288,2 5Section 2. 5.35 (6) (b) of the statutes is repealed.
AB288,3 6Section 3. 5.37 (4) of the statutes is renumbered 5.37 (4) (intro.) and amended
7to read:
AB288,2,98 5.37 (4) Voting machines may be used at primary elections when they comply
9with subs. (1) and (2) and the following provisions: All candidates' names
AB288,2,14 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
.
AB288,2,16 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.
AB288,4 17Section 4. 5.51 (7) of the statutes is repealed.
AB288,5 18Section 5. 5.62 (1) of the statutes is amended to read:
AB288,3,1719 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
21county offices and independent candidates for state office in each ward, in the same

1form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655.
2The ballots ballot shall be made up of the several party tickets with each party
3entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
4except as authorized in s. 5.655. The ballots shall be secured together at the bottom

5column or row. The party ballot column or row of the party receiving the most votes
6for president or governor at the last general election shall be on top first with the
7other parties arranged in descending order based on their vote for president or
8governor at the last general election. The ballots columns or rows of parties
9qualifying under sub. (2) shall be placed after to the right of or below the parties
10qualifying under par. (b), in the same order in which the parties filed petitions with
11the board. Any ballot required under par. (b) 2. shall be placed next in order. At
12polling places where voting machines are used, each party shall be represented in
13one or more separate columns or rows on the ballot. At polling places where an
14electronic voting system is used other than an electronic voting machine, each party
15may be represented in separate columns or rows on the ballot. An elector at the
16partisan primary may vote for any candidate for each office regardless of the political
17affiliation of the candidate.
AB288,4,818 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized
19political party listed on the official ballot at the last gubernatorial election whose
20candidate for any statewide office received at least 1% 1 percent of the total votes cast
21for that office and, if the last general election was also a presidential election, every
22recognized political party listed on the ballot at that election whose candidate for
23president received at least 1% 1 percent of the total vote votes cast for that office shall
24have a separate primary ballot or one or more separate columns or rows on the
25primary ballot as prescribed in par. (a) and a separate column on the general election

1ballot at the partisan primary and general election in every ward and election
2district. An organization which that was listed as "independent" at the last general
3election and whose candidate meets the same qualification shall receive the same
4ballot status upon petition of to the board by the chairperson and secretary of the
5organization to the board requesting such status and specifying their party name,
6which may not duplicate the name of an existing party. A petition under this
7subdivision may be filed no later than 5 p.m. on April 1 in the year of each general
8election.
AB288,4,229 2. Subdivision 1. applies to a party within any assembly district or county at
10any partisan primary election only if at least one candidate of the party for any
11national, state, or county office qualifies to have his or her name appear on the ballot
12under the name of that party within that assembly district or county. The county
13clerk or county board of election commissioners shall provide a combined separate
14ballot or
one or more separate columns or rows on the ballot that will permit an
15elector to cast a vote for a write-in candidate for the nomination of any such party
16for each national, state, and county office whenever that party qualifies to be
17represented on a separate primary ballot or in one or more separate columns or rows
18under subd. 1. but does not qualify under this subdivision. The ballot shall include
19the name of each party qualifying for a separate ballot or one or more separate
20columns or rows on the ballot under each office, with the names of the candidates for
21each such party appearing in the same order in which the ballots columns or rows
22of the parties would appear under par. (a).
AB288,6 23Section 6. 5.62 (2) of the statutes is amended to read:
AB288,5,1224 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
25organization may be represented on a separate primary ballot or in one or more

1separate columns or rows on the partisan primary ballot as prescribed in sub. (1) (a)
2and in a separate column or row on the general election ballot in every ward and
3election district. To qualify for a separate ballot column or row under this paragraph,
4the political organization shall, not later than 5 p.m. on April 1 in the year of the
5partisan primary, file with the board a petition requesting separate ballot status.
6The petition shall be signed by at least 10,000 electors, including at least 1,000
7electors residing in each of at least 3 separate congressional districts. The petition
8shall conform to the requirements of s. 8.40. No signature obtained before January
91 in the year of filing is valid. When the candidates of a political organization filing
10a valid petition fulfill the requirements prescribed by law, they shall appear on a
11separate ballot or
  in one or more separate columns or rows on the ballot for the
12period ending with the following general election.
AB288,6,213 (b) Paragraph (a) applies to a party within any assembly district or county at
14any partisan primary election only if at least one candidate of the party for any
15national, state, or county office qualifies to have his or her name appear on the ballot
16under the name of that party within that assembly district or county. The county
17clerk or county board of election commissioners shall provide a combined separate
18ballot or
one or more separate columns or rows on the ballot that will permit an
19elector to cast a vote for a write-in candidate for the nomination of any such party
20for each national, state, and county office whenever that party qualifies to be
21represented on a separate primary ballot or in one or more separate columns or rows
22under par. (a) but does not qualify under this paragraph. The ballot shall include the
23name of each party qualifying for a separate ballot or one or more separate columns
24or rows on the ballot under each office, with the names of the candidates for each such

1party appearing in the same order in which the ballots columns or rows of the parties
2would appear under sub. (1) (a).
AB288,7 3Section 7. 5.62 (3) of the statutes is amended to read:
AB288,6,124 5.62 (3) The board shall designate the official primary ballot arrangement for
5statewide offices and district attorney within each prosecutorial district by using the
6same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
7column or row on the ballot, the candidates for office shall be listed together with the
8offices which that they seek in the following order whenever these offices appear on
9the partisan primary ballot: governor, lieutenant governor, attorney general,
10secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
11state senator, representative to the assembly, district attorney, and the county
12offices.
AB288,8 13Section 8. 5.655 (1) of the statutes is amended to read:
AB288,6,2114 5.655 (1) Whenever a separate ballot is required to be used, a municipality may
15use a single ballot to facilitate the use of voting machines or an electronic voting
16system or, if the municipality employs paper ballots, may use a consolidated paper
17ballot that is authorized under sub. (2). If a municipality uses a single ballot in lieu
18of separate ballots, the ballot shall include a separate column or row for any office,
19or referendum or party for which a separate ballot is required by law and the ballot
20shall be distributed only to electors who are eligible to vote for all of the offices and
21referenda appearing on the ballot.
AB288,9 22Section 9. 5.81 (4) of the statutes is repealed.
AB288,10 23Section 10. 5.84 (1) of the statutes is amended to read:
AB288,7,1724 5.84 (1) Where any municipality employs an electronic voting system which
25that utilizes automatic tabulating equipment, either at the polling place or at a

1central counting location, the municipal clerk shall, on any day not more than 10
2days prior to the election day on which the equipment is to be utilized, have the
3equipment tested to ascertain that it will correctly count the votes cast for all offices
4and on all measures. Public notice of the time and place of the test shall be given by
5the clerk at least 48 hours prior to the test by publication of a class 1 notice under
6ch. 985 in one or more newspapers published within the municipality if a newspaper
7is published therein, otherwise in a newspaper of general circulation therein. The
8test shall be open to the public. The test shall be conducted by processing a
9preaudited group of ballots so marked as to record a predetermined number of valid
10votes for each candidate and on each referendum. The test shall include for each
11office one or more ballots which that have votes in excess of the number allowed by
12law and, for a partisan primary election, one or more ballots which have votes cast
13for candidates of more than one recognized political party,
in order to test the ability
14of the automatic tabulating equipment to reject such votes. If any error is detected,
15the municipal clerk shall ascertain the cause and correct the error. The clerk shall
16make an errorless count before the automatic tabulating equipment is approved by
17the clerk for use in the election.
AB288,11 18Section 11. 5.91 (1) and (3) of the statutes are amended to read:
AB288,7,2019 5.91 (1) It enables an elector to vote in secrecy and to select the party for which
20an elector will vote in secrecy at a partisan primary election
.
AB288,7,25 21(3) Except in primary elections, it It enables an elector to vote for a ticket
22selected in part from the nominees of one party, and in part from the nominees of
23other parties, and in part from independent candidates and, except in the case of
24independent candidates at primary elections,
in part of from candidates whose
25names are written in by the elector.
AB288,12
1Section 12. 5.91 (6) of the statutes is repealed.
AB288,13 2Section 13. 6.80 (2) (am) of the statutes is amended to read:
AB288,8,83 6.80 (2) (am) In partisan primaries, an elector may vote for a person as the
4candidate of the party of the elector's choice, if that person's name does not appear
5on the official ballot of that party, by writing in the name of the person in the space
6provided on the ballot or the ballot provided for that purpose, or where voting
7machines are used, in the irregular ballot device, designating the party for which the
8elector desires such person to be the nominee.
AB288,14 9Section 14. 6.80 (2) (f) of the statutes is amended to read:
AB288,8,2110 6.80 (2) (f) In the presidential preference primary and other partisan primary
11elections
at polling places where ballots are distributed to electors, unless the ballots
12are prepared under s. 5.655 or are utilized with an electronic voting system in which
13all candidates appear on the same ballot, after the elector prepares his or her ballot
14the elector shall detach the remaining ballots, fold the ballots to be discarded and fold
15the completed ballot unless the ballot is intended for counting with automatic
16tabulating equipment. The elector shall then either personally deposit the ballots
17to be discarded into the separate ballot box marked "blank ballot box," and deposit
18the completed ballot into the ballot box indicated by the inspectors, or give the ballots
19to an inspector who shall deposit the ballots directly into the appropriate ballot
20boxes. The inspectors shall keep the blank ballot box locked until the canvass is
21completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
AB288,15 22Section 15. 6.87 (4) (b) 1. of the statutes is amended to read:
AB288,9,2323 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
24absentee shall make and subscribe to the certification before one witness who is an
25adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the

1ballot in a manner that will not disclose how the elector's vote is cast. The elector
2shall then, still in the presence of the witness, fold the ballots so each is separate and
3so that the elector conceals the markings thereon and deposit them in the proper
4envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
5ballot so that the elector conceals the markings thereon and deposit the ballot in the
6proper envelope. If proof of residence under s. 6.34 is required and the document
7enclosed by the elector under this subdivision does not constitute proof of residence
8under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the
9envelope. Proof of residence is required if the elector is not a military elector or an
10overseas elector and the elector registered by mail and has not voted in an election
11in this state. If the elector requested a ballot by means of facsimile transmission or
12electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy
13of the request which that bears an original signature of the elector. The elector may
14receive assistance under sub. (5). The return envelope shall then be sealed. The
15witness may not be a candidate. The envelope shall be mailed by the elector, or
16delivered in person, to the municipal clerk issuing the ballot or ballots. If the
17envelope is mailed from a location outside the United States, the elector shall affix
18sufficient postage unless the ballot qualifies for delivery free of postage under federal
19law. Failure to return an unused ballot in a primary does not invalidate the ballot
20on which the elector's votes are cast. Return of more than one marked ballot in a
21primary or return of a ballot prepared under s. 5.655 or a ballot used with an
22electronic voting system in a primary which is marked for candidates of more than
23one party invalidates all votes cast by the elector for candidates in the primary.
AB288,16 24Section 16. 7.08 (2) (b) of the statutes is amended to read:
AB288,10,5
17.08 (2) (b) The certified list of candidates for president and vice president who
2have been
nominated at a national convention by a party entitled to a separate
3column or row on the
partisan primary ballot or for whom electors have been
4nominated under s. 8.20 shall be sent as soon as possible after the closing date for
5filing nomination papers, but no later than the deadlines established in s. 10.06.
AB288,17 6Section 17. 7.50 (1) (d) of the statutes, as affected by 2015 Wisconsin Act ....
7(Senate Bill 121), is repealed.
AB288,18 8Section 18. 7.50 (2) (g) of the statutes is amended to read:
AB288,10,119 7.50 (2) (g) In partisan primaries, if an elector writes in the name of an
10individual on a ballot in a column or row other than the one on which that individual's
11name is shown as a candidate, the write-in vote may not be counted.
AB288,19 12Section 19. 8.16 (1), (6) and (7) of the statutes are amended to read:
AB288,10,1713 8.16 (1) Except as provided in sub. (2), the person who receives the greatest
14number of votes for an office on a party ballot at any partisan primary, regardless of
15whether the person's name appears on the ballot, shall be the party's candidate for
16the office, and the person's name shall so appear on the official ballot at the next
17election.
AB288,10,21 18(6) The persons who receive the greatest number of votes respectively for the
19offices of governor and lieutenant governor on for any party ballot at a primary shall
20be the party's joint candidates for the offices, and their names shall so appear on the
21official ballot at the next election.
AB288,11,3 22(7) Nominees chosen at a national convention and under s. 8.18 (2) by each
23party entitled to a separate column or row on a partisan primary ballot shall be the
24party's candidates for president, vice president, and presidential electors. The state
25or national chairperson of each such party shall certify the names of the party's

1nominees for president and vice president to the board no later than 5 p.m. on the
2first Tuesday in September preceding a presidential election. Each name shall be in
3one of the formats authorized in s. 7.08 (2) (a).
AB288,20 4Section 20. 8.17 (1) (a) of the statutes is amended to read:
AB288,11,225 8.17 (1) (a) Political parties qualifying for a separate column or row on the
6partisan primary
ballot under s. 5.62 (1) (b) or (2) shall elect their party
7committeemen and committeewomen as provided under sub. (5) (b). The function of
8committeemen and committeewomen is to represent their neighborhoods in the
9structure of a political party. Committeemen and committeewomen shall act as
10liaison representatives between their parties and the residents of the election
11districts in which they serve. Activities of committeemen and committeewomen
12shall include, but not be limited to, identifying voters; assistance in voter
13registration drives; increasing voter participation in political parties; polling and
14other methods of passing information from residents to political parties and elected
15public officials; and dissemination of information from public officials to residents.
16For assistance in those and other activities of interest to a political party, each
17committeeman and committeewoman may appoint a captain to engage in these
18activities in each ward, if the election district served by the committeeman or
19committeewoman includes more than one ward. In an election district which that
20includes more than one ward, the committeeman or committeewoman shall
21coordinate the activities of the ward captains in promoting the interests of his or her
22party.
AB288,21 23Section 21. 8.20 (9) of the statutes is amended to read:
AB288,12,424 8.20 (9) Persons nominated by nomination papers without a recognized
25political party designation shall be placed on the official ballot at the general election

1and at any partisan election to the right or below the recognized political party
2candidates in their own column or row designated "Independent".." If the candidate's
3name already appears under a recognized political party it may not be listed on the
4independent ballot, column or row.
AB288,22 5Section 22. 8.50 (3) (b) of the statutes is amended to read:
AB288,12,176 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the
7partisan primary under s. 8.15 are applicable to all partisan primaries held under
8this section, and the provisions for spring primaries under s. 8.10 are applicable to
9all nonpartisan primaries held under this section. In a special partisan primary or
10election, the order of the parties on the ballot shall be the same as provided under
11s. 5.62 (1) or 5.64 (1) (b). No primary is required for a nonpartisan election in which
12not more than 2 candidates for an office appear on the ballot or for a partisan election
13in which not more than one candidate for an office appears on in the ballot column
14or row
of each recognized political party on the ballot. In every special election except
15a special election for nonpartisan state office where no candidate is certified to
16appear on the ballot, a space for write-in votes shall be provided on the ballot,
17regardless of whether a special primary is held.
AB288,23 18Section 23. 8.50 (3) (c) of the statutes is repealed.
AB288,24 19Section 24. 9.10 (3) (e) of the statutes is amended to read:
AB288,13,220 9.10 (3) (e) For any partisan office, a recall primary shall be held for each
21political party which that is entitled to a separate column or row on the partisan
22primary
ballot under s. 5.62 (1) (b) or (2) and from which more than one candidate
23competes for the party's nomination in the recall election. The primary ballot shall
24be prepared in accordance with s. 5.62, insofar as applicable. The person receiving
25the highest number of votes in the recall primary for each political party shall be that

1party's candidate in the recall election. Independent candidates shall be shown on
2the ballot for the recall election only.
AB288,25 3Section 25. 10.02 (3) (b) 2. of the statutes is amended to read:
AB288,13,84 10.02 (3) (b) 2. At a partisan primary, the elector shall select the party ballot
5candidate of his or her choice for each office and shall make a cross ( 8) next to or
6depress the lever or button next to the candidate's name for each office for whom the
7elector intends to vote, or shall insert or write in the name of the elector's choice for
8a candidate.
AB288,26 9Section 26. 11.06 (7m) (a) of the statutes is amended to read:
AB288,13,2410 11.06 (7m) (a) If a committee which that was registered under s. 11.05 as a
11political party committee or legislative campaign committee supporting candidates
12of a political party files an oath under sub. (7) affirming that it does not act in
13cooperation or consultation with any candidate who is nominated to appear on the
14party ballot in the column or row of the party at a general or special election, that
15the committee does not act in concert with, or at the request or suggestion of, such
16a candidate, that the committee does not act in cooperation or consultation with such
17a candidate or agent or authorized committee of such a candidate who benefits from
18a disbursement made in opposition to another candidate, and that the committee
19does not act in concert with, or at the request or suggestion of, such a candidate or
20agent or authorized committee of such a candidate who benefits from a disbursement
21made in opposition to another candidate, the committee filing the oath may not make
22any contributions in support of any candidate of the party at the general or special
23election or in opposition to any such candidate's opponents exceeding the amounts
24specified in s. 11.26 (2), except as authorized in par. (c).
AB288,27 25Section 27. Initial applicability.
AB288,14,2
1(1) This act first applies with respect to voting at the 2016 partisan primary
2election.
AB288,14,33 (End)
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