AB940: Bill Text

AB940,2,2 An Act to repeal 5.15 (2) (e), 5.15 (2) (f), 5.15 (5), 62.08 (2), 66.021 (7) (b), 66.021 (16) and 66.022 (6); to renumber and amend 5.15 (2) (d) and 59.10 (3) (c); to amend 5.15 (1) (a), 5.15 (1) (b), 5.15 (1) (c), 5.15 (2) (b) 1., 5.15 (2) (b) 2., 5.15 (2) (b) 3., 5.15 (2) (b) 4., 5.15 (2) (bm), 5.15 (2) (cm), 5.15 (2) (g), 5.15 (4) (a), 5.15 (4) (b), 5.15 (6) (a), 5.15 (7), 5.15 (8), 59.10 (2) (a), 59.10 (3) (b) 1., 59.10 (3) (b) 2., 59.10 (3) (b) 4., 59.10 (6), 62.08 (1), 66.021 (8) (a), 66.021 (8) (b), 66.021 (15), 66.025 and 119.08 (1) (b); to repeal and recreate 4.002; and to create 5.15 (2) (b) (intro.), 5.15 (2) (ce), 5.15 (2) (d) 1. to 5., 5.15 (2) (fm), 5.15 (4) (c), 20.510 (1) (k), 59.10 (3) (b) 2m., 59.10 (3) (c) 2. and 66.021 (8) (d) of the statutes; relating to: division of municipalities into wards; redistricting of supervisory and aldermanic districts; election districts in 1st class city school systems; recording of certain municipal annexations; the effective date of certain annexation and detachment actions; and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the laws relating to municipal wards, county supervisory districts, city aldermanic districts, election districts in first class city school systems and municipal annexations and detachments.

Municipal ward plan revisions

Currently, under the state constitution, the legislature is directed to redistrict legislative districts according to the number of inhabitants at its next session following each federal census. At the same intervals, the legislature also reapportions congressional districts in this state pursuant to federal law. Under current state law, following each decennial federal census, most municipalities are also required to divide their territory into wards, and counties and cities are required to redistrict supervisory and aldermanic districts so that the districts contain, as nearly as practicable, an equal number of inhabitants according to the census results. With limited exceptions, wards are required to consist of one or more whole, contiguous census blocks (the smallest geographic units for which census results are available). Counties and municipalities are required to complete this action in three steps, which in no case may conclude later than 180 days after publication of the census results (usually by October of the year following the year of the census). If counties or municipalities fail to adopt division plans, the courts may do so upon petition by interested parties. Revised county and municipal district plans are used to elect members of county boards of supervisors and common councils in the spring of the second year following the year of the census. The legislative and congressional redistricting plans are used to elect members of the legislature and members of congress in the fall of the second year following the year of the census. Currently, the legislature may adjust the boundaries of a municipal ward and use the revised ward boundaries to create a legislative or congressional district.

This bill amends various laws to facilitate the legislative and congressional redistricting process and directs counties and municipalities to revise their ward and districting plans to reflect any legislative act establishing a legislative or congressional district boundary that does not coincide with a ward or municipal boundary.

County supervisory district plans

Currently, within 60 days after publication of the federal decennial census, each county must adopt a tentative county supervisory district plan. Each municipality must adopt a ward division plan, if it is required to do so, within 60 days after adoption of a tentative county supervisory district plan by the county or counties in which the municipality is located, and each county then must adopt a final supervisory district plan within 60 days after every municipality in the county adopts a ward division plan, if it is required to do so.

Currently, the tentative plan must include suggested boundaries or information concerning the number of supervisors to be elected and a description of boundary requirements. This bill provides for the tentative plan to include specific boundaries for each proposed supervisory district. The bill also provides that, except in counties having a population of 500,000 or more, the county board must attempt to incorporate suggestions received from municipalities into the tentative plan, to the extent feasible. The bill also provides that a final county supervisory district plan must not be inconsistent with the tentative plan except to reflect an authorized change made by a municipality in a municipal ward division or to reflect an official correction to the census.

Accommodation of county requirements

Currently, each municipality must make a good faith effort to accommodate the tentative plan submitted by the county or counties in which it is located in making municipal ward divisions. This bill requires that each municipality establish wards that will permit creation of county supervisory districts in accordance with the tentative plan or plans submitted by the county or counties in which the municipality is located unless the tentative plan would: 1) unduly dilute the voting strength of a racial or language minority group; 2) require the creation of a ward composed of noncontiguous territory, with limited exceptions; 3) require the creation of a ward composed of territory that is not as compact as practicable; 4) unduly bifurcate a manifest social, economic or political community of interest; or 5) require the creation of a ward that would unduly favor a particular person or political party.

Minimum populations for wards

Currently, a municipality having a population of less than 10,000 may create a ward with no fewer than 300 inhabitants. A municipality having a population of at least 10,000 but less than 39,000 may create a ward with no fewer than 600 inhabitants. A municipality having a population of at least 39,000 but less than 150,000 may create a ward with no fewer than 800 inhabitants. Every other municipality may create a ward with no fewer than 1,000 inhabitants.

This bill eliminates these minimum ward population requirements.

Creation of wards that subdivide blocks

Under current law, with certain limited exceptions, municipal wards must consist of whole census blocks. Currently, an institution such as a prison or center for the developmentally disabled may itself be a whole census block. In this case, unless one of the limited exceptions applies, the entire institution must be included in a single municipal ward, even if all or most of the residents of the institution are not eligible to vote in an election. The district in which such an institution is located may, as a result, have a significantly lower voting population than the other districts within the municipality in which the district is located.

This bill creates a new exception authorizing a municipality, in creating wards, to subdivide any census block containing a state or federal institution that is used to confine felons or that is a state center for the developmentally disabled.

Annexations

Current law requires an annexation ordinance to include certain information, such as a description of the annexed territory. In addition, under current law, the clerk of any city or village that annexes territory must immediately file with the secretary of state a certified copy of the annexation ordinance, along with a plat showing the annexed area. However, failure to make this required filing does not invalidate an annexation ordinance.

Under this bill, every annexation ordinance must also identify the census block number or numbers of the annexed territory and each municipality from which the territory was detached. In addition, this bill provides that an annexation of territory by a city or village that establishes a municipal boundary that subdivides a census block is invalid until the city or village furnishes to the secretary of state a certified copy of the annexation ordinance, a plat showing the annexed area and an estimate of the population of the area according to the most recent federal decennial census.

Currently, if new territory becomes a part of a municipality after adoption of a decennial ward plan, the municipality may add the territory to an existing ward or may create a separate ward consisting of that territory only. Under this bill, any such territory annexed after the county in which the territory is located adopts a tentative supervisory district plan must constitute a separate whole ward and must be numbered with the letter "A" following the whole number assigned to the ward.

Filing of copies of municipal ward plans

Currently, within five days after adoption of a decennial ward plan, each municipality is required to transmit a copy of the plan to the county clerk or board of election commissioners of each county in which the municipality is located. If the population of the municipality exceeds 10,000, the municipality is required to send a copy to the legislative reference bureau.

Under this bill, a municipality need only file a ward plan with the county clerk or board of election commissioners and the county clerk or board of election commissioners must send to the legislative reference bureau a copy of the ward plan no later than ten days after receipt. The legislative reference bureau must then provide copies of each ward plan to the elections board. The bill clarifies that copies may be filed in either electronic or paper format. In addition, the bill provides that, if any municipality or county fails to file a ward plan within the time prescribed by law, the municipality or county is liable to the elections board, the legislature and the legislative service agencies for additional costs incurred in recording ward data as a result of the delay.

Filing of final county supervisory district plans

Currently, the chairperson of each county board of supervisors must file with the secretary of state a copy of the final county supervisory district plan. This bill requires the secretary of state to forward a copy of the supervisory district plan to the legislative reference bureau and requires the legislative reference bureau to forward a copy to the elections board. The bill also clarifies that copies may be filed in either electronic or paper format.

Time schedule for establishing election districts in 1st class city school systems

Currently, within 60 days after a first class city (currently, only Milwaukee) adopts an aldermanic district plan, the board of school directors of the city must adopt an election district plan. Under this bill, a first class city board of school directors must adopt an election district plan within 60 days after adoption of a decennial ward plan rather than an aldermanic district plan.

Town ward numbering

Currently, when a town is divided into wards, the annual town meeting and special town elections must be held in the first ward. The bill deletes that requirement.

Incorporation of census corrections

Currently, decennial ward division plans, as well as decennial county supervisory and city aldermanic district plans, are based on the federal decennial census. The statutes do not treat the issue of corrections issued by the U.S. bureau of the census. This bill provides that the ward plans and aldermanic district plans shall reflect the census results, including any corrections, for the populations of counties, municipalities and census blocks on April 1 of the year of the census, if corrections are issued prior to adoption of a decennial ward plan, or if a municipality that is affected by a correction is not divided into wards, prior to adoption of a county supervisory district plan. Under the bill, an official correction does not include the substitution of an estimate for an actual population count.

Territory included within ward plans

Currently, each municipal decennial ward division must include all territory within a municipality on August 1 of the year following the federal decennial census. This bill instead provides that each division must include all territory within a municipality on the date of adoption of a tentative supervisory district plan by the county in which the territory is located.

Effective date of certain annexation or detachment actions

Currently, during the period from April 1 to June 30 of the year following a federal decennial census, if a city or village takes an annexation or detachment action affecting land that is the subject of certain ordinances or resolutions expressing the city's or village's intent not to annex or detach territory, the annexation or detachment is effective on July 1 of that year or at such later date as may be specified in the ordinance or resolution. The bill repeals that provision.

The bill also makes other minor technical changes in the law to facilitate the ward division and legislative, county and municipal redistricting process.

For further information see the state and 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:

AB940, s. 1 Section 1. 4.002 of the statutes is repealed and recreated to read:

AB940,6,4 4.002 Municipal wards; definition. In this chapter, "ward" means a municipal ward in effect on January 1 of the 2nd year following a federal decennial census.

AB940, s. 2 Section 2. 5.15 (1) (a) of the statutes is amended to read:

AB940,7,10 5.15 (1) (a) Every city, village and town in this state shall by ordinance or resolution of its common council or village or town board, respectively, be divided into wards as provided in this section, except as authorized in sub. (2). The boundaries of the wards established under this section, and the number assigned to each ward, are intended to be as permanent as possible, and to this end each ward shall when created contain a population at a convenient point within the applicable population range limitation under sub. (2) (b), with due consideration for the known trends of population increase or decrease within that part of the municipality in which the ward is located. Once established, the boundaries of each ward shall remain unchanged until a further decennial federal census of population indicates that the population of a ward is then above or below the applicable population range limitation or until the ward boundaries are required to be changed to permit creation of supervisory or aldermanic districts of substantially equal population or to enhance the participation of members of a racial or language minority group in the political process and their ability to elect representatives of their choice , except as authorized or required under this section. If the population of a ward has increased above the maximum of its applicable population range limitation or if the population of a ward must be decreased for a reason specified in this paragraph, the ward shall be divided into 2 or more wards or the boundaries of the ward shall be changed in compliance with sub. (2) (b). If the population of a ward has decreased below the minimum of its population range or if the population of a ward must be increased for a reason specified in this paragraph, whenever possible, the ward shall, if possible, be combined with an adjoining ward, or the underpopulated ward and one adjoining ward shall be combined and together subdivided into 2 or more wards in compliance with sub. (2).

AB940, s. 3 Section 3. 5.15 (1) (b) of the statutes is amended to read:

AB940,8,5 5.15 (1) (b) Except as authorized in sub. (2) (a), within 60 days after the receipt of a tentative supervisory district plan and written statement, if any, from the county board of each county in which a municipality is located, the governing body of the municipality shall adjust its wards according to the schedule shown in sub. (2). All territory contained within the municipality, and only the territory so contained, on August 1 following the year of the federal decennial census the date of adoption of a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1. by the county in which the territory is located shall be contained within a ward established under the division ordinance or resolution. Except as authorized in sub. (2), each ward shall consist of whole blocks, as utilized by the U.S. bureau of the census in the most recent federal decennial census of population. To suit the convenience of the voters residing therein each ward shall, as far as practicable, be kept compact and observe the community of interest of existing neighborhoods and other settlements. All territory within a ward shall be contiguous, except for island territory as defined in sub. (2) (f) 3 surrounded by water or noncontiguous territory that is separated by the territory of another municipality, by water or by both from the major part of the municipality to which the noncontiguous territory belongs. Enactment or adoption of a division ordinance or resolution requires the affirmative vote of a majority of the members of the governing body.

AB940, s. 4 Section 4. 5.15 (1) (c) of the statutes is amended to read:

AB940,8,25 5.15 (1) (c) The Unless adjusted under sub. (2) (fm), (6) (a) or (7) or unless a division is required to effect an act of the legislature redistricting legislative districts under article IV, section 3, of the constitution or redistricting congressional districts, the wards established by municipal governing bodies in a division ordinance or resolution enacted or adopted under this section on the basis of the published results of each federal decennial census of population shall govern the adjustment of supervisory districts under s. 59.10 (2) (a) and (3) (b) 2. and of aldermanic districts under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd year commencing after the year of the census until revised under this section on the basis of to correlate with the results of the next decennial census of population unless adjusted under sub. (2) (f) 4., (6) (a) or (7), or unless adjusted, as a matter of statewide concern, in the enactment of legislative districts under article IV, section 3, of the constitution on the basis of the most recent decennial census of population. The populations of wards under each decennial ward division shall be determined on the basis of the federal decennial census of population and any official corrections to the census issued on or before the date of adoption of the ward division to reflect the correct populations of the municipality and the blocks within the municipality on April 1 of the year of the census. In this paragraph, an official correction does not include the substitution of an estimate for an actual population count.

AB940, s. 5 Section 5. 5.15 (2) (b) (intro.) of the statutes is created to read:

AB940,9,5 5.15 (2) (b) (intro.) Except for wards created to reflect an act of the legislature redistricting legislative districts under article IV, section 3, of the constitution or redistricting congressional districts and except as authorized under pars. (c) and (fm) and sub. (7), wards shall contain no more than the following numbers of inhabitants:

AB940, s. 6 Section 6. 5.15 (2) (b) 1. of the statutes is amended to read:

AB940,9,8 5.15 (2) (b) 1. In any city in which the population is at least 150,000, each ward shall contain not less than 1,000 nor more than 4,000 inhabitants.

AB940, s. 7 Section 7. 5.15 (2) (b) 2. of the statutes is amended to read:

AB940,9,11 5.15 (2) (b) 2. In any city in which the population is at least 39,000 but less than 150,000, each ward shall contain not less than 800 nor more than 3,200 inhabitants.

AB940, s. 8 Section 8. 5.15 (2) (b) 3. of the statutes is amended to read:

AB940,9,15 5.15 (2) (b) 3. In any city, village or town in which the population is at least 10,000 but less than 39,000, each ward shall contain not less than 600 nor more than 2,100 inhabitants.

AB940, s. 9 Section 9. 5.15 (2) (b) 4. of the statutes is amended to read:

AB940,9,18 5.15 (2) (b) 4. In any city, village or town in which the population is less than 10,000, each ward shall contain not less than 300 nor more than 1,000 inhabitants.

AB940, s. 10 Section 10. 5.15 (2) (bm) of the statutes is amended to read:

AB940,9,25 5.15 (2) (bm) Every city electing the members of its common council from aldermanic districts shall assemble the blocks wholly or partially contained within the city into wards that will enable the creation of aldermanic districts that are substantially equal in population. If a block is partly contained within the city, the city shall divide the block to form a ward containing the portion of the block that lies within the city.

AB940, s. 11 Section 11. 5.15 (2) (ce) of the statutes is created to read:

AB940,10,5 5.15 (2) (ce) If a block contains a facility that is owned or operated by this state or by the federal government and that is used to confine persons convicted of felonies or if a block contains a center for the developmentally disabled, the city, village or town may divide the block in assembling into wards.

AB940, s. 12 Section 12. 5.15 (2) (cm) of the statutes is amended to read:

AB940,10,15 5.15 (2) (cm) Any division of blocks under this section on the basis of population shall be based on the best evidence available. In this paragraph, "best evidence" includes, but is not limited to, the population of the block and other information received from the U.S. bureau of the census and such data as number of housing units, utility connections and vehicle registrations or a special census conducted locally. For Except as provided in sub. (6) (a), for each ward so established, the population estimate shall be correlated with the results of the most recent federal decennial census of population, so that the total population reported for all wards in the municipality agrees with the census results.

AB940, s. 13 Section 13. 5.15 (2) (d) of the statutes is renumbered 5.15 (2) (d) (intro.) and amended to read:

AB940,10,24 5.15 (2) (d) (intro.) Every municipality shall make a good faith effort to accommodate the tentative plan submitted by the county or counties in which it is located under s. 59.10 (2) (a) or (3) (b) 1., and shall divide itself into wards authorized under par. (b) in such a manner that will permit the creation of county supervisory districts in accordance with the population requirements for the plan specified in tentative plan submitted by the county or counties in which it is located under s. 59.10 (2) (a) or (3) (b) 1. unless the tentative plan would:

AB940, s. 14 Section 14. 5.15 (2) (d) 1. to 5. of the statutes are created to read:

AB940,11,2 5.15 (2) (d) 1. Unduly dilute the voting strength of a racial or language minority group.

AB940,11,5 2. Require the creation of a ward composed of noncontiguous territory, except territory which is separated from the municipality by another municipality or by water, or both.

AB940,11,7 3. Require the creation of a ward composed of territory that is not as compact as practicable.

AB940,11,9 4. Unduly bifurcate a manifest social, economic or political community of interest.

AB940,11,11 5. Require the creation of a ward that would unduly favor a particular individual or political party.

AB940, s. 15 Section 15. 5.15 (2) (e) of the statutes is repealed.

AB940, s. 16 Section 16. 5.15 (2) (f) of the statutes is repealed.