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
1Section
1. 4.002 of the statutes is repealed and recreated to read:
AB940,6,4
24.002 Municipal wards; definition. In this chapter, "ward" means a
3municipal ward in effect on January 1 of the 2nd year following a federal decennial
4census.
AB940, s. 2
5Section
2. 5.15 (1) (a) of the statutes is amended to read:
AB940,7,106
5.15
(1) (a) Every city, village and town in this state shall by
ordinance or
7resolution of its common council or village or town board, respectively, be divided into
8wards as provided in this section, except as authorized in sub. (2). The boundaries
9of the wards established under this section, and the number assigned to each ward,
10are intended to be as permanent as possible, and to this end each ward shall when
11created contain a population at a convenient point within the applicable population
12range limitation under sub. (2) (b), with due consideration for the known trends of
13population increase or decrease within that part of the municipality in which the
14ward is located. Once established, the boundaries of each ward shall remain
15unchanged until a further decennial federal census of population indicates that the
16population of a ward is then above
or below the applicable population
range 17limitation or until the ward boundaries are required to be changed to permit creation
18of supervisory or aldermanic districts of substantially equal population or to enhance
19the participation of members of a racial or language minority group in the political
20process and their ability to elect representatives of their choice
, except as authorized
1or required under this section. If the population of a ward has increased above the
2maximum of its applicable population
range limitation or if the population of a ward
3must be decreased for a reason specified in this paragraph, the ward shall be divided
4into 2 or more wards or the boundaries of the ward shall be changed in compliance
5with sub. (2) (b). If
the population of a ward has decreased below the minimum of
6its population range or if the population of a ward must be increased for a reason
7specified in this paragraph,
whenever possible, the ward shall
, if possible, be
8combined with an adjoining ward, or the underpopulated ward and one adjoining
9ward shall be combined and together subdivided into 2 or more wards in compliance
10with sub. (2).
AB940, s. 3
11Section
3. 5.15 (1) (b) of the statutes is amended to read:
AB940,8,512
5.15
(1) (b) Except as authorized in sub. (2) (a), within 60 days after the receipt
13of a tentative supervisory district plan
and written statement, if any, from the county
14board of each county in which a municipality is located, the governing body of the
15municipality shall adjust its wards according to the schedule shown in sub. (2). All
16territory contained within the municipality, and only the territory so contained, on
17August 1 following the year of the federal decennial census the date of adoption of
18a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1. by the county
19in which the territory is located shall be contained within a ward
established under
20the division ordinance or resolution. Except as authorized in sub. (2), each ward shall
21consist of whole blocks
, as utilized by the U.S. bureau of the census in the most recent
22federal decennial census of population. To suit the convenience of the voters residing
23therein each ward shall, as far as practicable, be kept compact and observe the
24community of interest of existing neighborhoods and other settlements. All territory
25within a ward shall be contiguous, except for
island territory
as defined in sub. (2)
1(f) 3 surrounded by water or noncontiguous territory that is separated by the
2territory of another municipality, by water or by both from the major part of the
3municipality to which the noncontiguous territory belongs. Enactment or adoption
4of a division ordinance or resolution requires the affirmative vote of a majority of the
5members of the governing body.
AB940, s. 4
6Section
4. 5.15 (1) (c) of the statutes is amended to read:
AB940,8,257
5.15
(1) (c)
The Unless adjusted under sub. (2) (fm), (6) (a) or (7) or unless a
8division is required to effect an act of the legislature redistricting legislative districts
9under article IV, section 3, of the constitution or redistricting congressional districts,
10the wards established by municipal governing bodies
in a division ordinance or
11resolution enacted or adopted under this section
on the basis of the published results
12of each federal decennial census of population shall govern the adjustment of
13supervisory districts under s. 59.10 (2) (a) and (3) (b)
2. and of aldermanic districts
14under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd
15year commencing after the year of the census until revised under this section
on the
16basis of to correlate with the results of the next decennial census of population
unless
17adjusted under sub. (2) (f) 4., (6) (a) or (7), or unless adjusted, as a matter of statewide
18concern, in the enactment of legislative districts under article IV, section 3, of the
19constitution on the basis of the most recent decennial census of population. The
20populations of wards under each decennial ward division shall be determined on the
21basis of the federal decennial census of population and any official corrections to the
22census issued on or before the date of adoption of the ward division to reflect the
23correct populations of the municipality and the blocks within the municipality on
24April 1 of the year of the census. In this paragraph, an official correction does not
25include the substitution of an estimate for an actual population count.
AB940, s. 5
1Section
5. 5.15 (2) (b) (intro.) of the statutes is created to read:
AB940,9,52
5.15
(2) (b) (intro.) Except for wards created to reflect an act of the legislature
3redistricting legislative districts under article IV, section 3, of the constitution or
4redistricting congressional districts and except as authorized under pars. (c) and (fm)
5and sub. (7), wards shall contain no more than the following numbers of inhabitants:
AB940, s. 6
6Section
6. 5.15 (2) (b) 1. of the statutes is amended to read:
AB940,9,87
5.15
(2) (b) 1. In any city in which the population is at least 150,000,
each ward
8shall contain not less than 1,000 nor more than 4,000 inhabitants.
AB940, s. 7
9Section
7. 5.15 (2) (b) 2. of the statutes is amended to read:
AB940,9,1110
5.15
(2) (b) 2. In any city in which the population is at least 39,000 but less than
11150,000,
each ward shall contain not less than 800 nor more than 3,200 inhabitants.
AB940, s. 8
12Section
8. 5.15 (2) (b) 3. of the statutes is amended to read:
AB940,9,1513
5.15
(2) (b) 3. In any city, village or town in which the population is at least
1410,000 but less than 39,000,
each ward shall contain not less than 600 nor more than 152,100 inhabitants.
AB940, s. 9
16Section
9. 5.15 (2) (b) 4. of the statutes is amended to read:
AB940,9,1817
5.15
(2) (b) 4. In any city, village or town in which the population is less than
1810,000,
each ward shall contain not less than 300 nor more than 1,000 inhabitants.
AB940, s. 10
19Section
10. 5.15 (2) (bm) of the statutes is amended to read:
AB940,9,2520
5.15
(2) (bm) Every city electing the members of its common council from
21aldermanic districts shall assemble the blocks wholly or partially contained within
22the city into wards that will enable the creation of aldermanic districts that are
23substantially equal in population.
If a block is partly contained within the city, the
24city shall divide the block to form a ward containing the portion of the block that lies
25within the city.
AB940, s. 11
1Section
11. 5.15 (2) (ce) of the statutes is created to read:
AB940,10,52
5.15
(2) (ce) If a block contains a facility that is owned or operated by this state
3or by the federal government and that is used to confine persons convicted of felonies
4or if a block contains a center for the developmentally disabled, the city, village or
5town may divide the block in assembling into wards.
AB940, s. 12
6Section
12. 5.15 (2) (cm) of the statutes is amended to read:
AB940,10,157
5.15
(2) (cm) Any division of blocks under this section
on the basis of population 8shall be based on the best evidence available. In this paragraph, "best evidence"
9includes, but is not limited to, the population of the block and other information
10received from the U.S. bureau of the census and such data as number of housing
11units, utility connections and vehicle registrations or a special census conducted
12locally.
For Except as provided in sub. (6) (a), for each ward so established, the
13population estimate shall be correlated with the results of the most recent federal
14decennial census
of population, so that the total population reported for all wards in
15the municipality agrees with the census results.
AB940, s. 13
16Section
13. 5.15 (2) (d) of the statutes is renumbered 5.15 (2) (d) (intro.) and
17amended to read:
AB940,10,2418
5.15
(2) (d) (intro.) Every municipality shall
make a good faith effort to
19accommodate the tentative plan submitted by the county or counties in which it is
20located under s. 59.10 (2) (a) or (3) (b) 1., and shall divide itself into wards
authorized
21under par. (b) in
such a manner that will permit the creation of county supervisory
22districts in accordance with the
population requirements for the plan specified in 23tentative plan submitted by the county or counties in which it is located under s.
2459.10 (2) (a) or (3) (b) 1.
unless the tentative plan would:
AB940, s. 14
25Section
14. 5.15 (2) (d) 1. to 5. of the statutes are created to read:
AB940,11,2
15.15
(2) (d) 1. Unduly dilute the voting strength of a racial or language minority
2group.
AB940,11,53
2. Require the creation of a ward composed of noncontiguous territory, except
4territory which is separated from the municipality by another municipality or by
5water, or both.
AB940,11,76
3. Require the creation of a ward composed of territory that is not as compact
7as practicable.
AB940,11,98
4. Unduly bifurcate a manifest social, economic or political community of
9interest.
AB940,11,1110
5. Require the creation of a ward that would unduly favor a particular
11individual or political party.
AB940, s. 15
12Section
15. 5.15 (2) (e) of the statutes is repealed.
AB940, s. 16
13Section
16. 5.15 (2) (f) of the statutes is repealed.
AB940, s. 17
14Section
17. 5.15 (2) (fm) of the statutes is created to read:
AB940,11,2315
5.15
(2) (fm) If territory becomes a part of a city, village or town after the date
16on which the county in which the territory is located adopts a tentative supervisory
17district plan under s. 59.10 (2) (a) or (3) (b) 1., each parcel of contiguous territory
18added to the city, village or town shall constitute a separate whole ward as of the date
19on which the addition occurs. The territory shall continue to constitute a separate
20whole ward until the city, village or town adopts a subsequent decennial ward plan,
21unless the boundaries of the ward are adjusted to reflect an act of the legislature
22redistricting legislative districts under article IV, section 3, of the constitution or
23redistricting congressional districts.
AB940, s. 18
24Section
18. 5.15 (2) (g) of the statutes is amended to read:
AB940,12,4
15.15
(2) (g) If a block is affected by
an a valid annexation or detachment which
2establishes a municipal boundary that subdivides the block, the municipalities in
3which the block is contained shall incorporate only the portion of the block contained
4within their boundaries in their
ward plans division ordinances or resolutions.
AB940, s. 19
5Section
19. 5.15 (4) (a) of the statutes is amended to read:
AB940,13,36
5.15
(4) (a) The division ordinance or resolution shall number all wards in the
7municipality
in with unique whole numbers in consecutive order, beginning with the
8number one, shall designate the polling place for each ward, and shall describe the
9boundaries of each ward consistent with the conventions set forth in s. 4.003. The
10ordinance or resolution shall be accompanied by a list of the block numbers used by
11the U.S. bureau of the census that are wholly or partly contained within each ward,
12with any block numbers partly contained within a ward identified, and a map of the
13municipality which illustrates the revised ward boundaries.
If the legislature, in an
14act redistricting legislative districts under article IV, section 3, of the constitution,
15or in redistricting congressional districts, establishes a district boundary that does
16not coincide with the boundary of a ward established under an ordinance or
17resolution, the municipal governing body shall, no later than May 15 of the 2nd year
18following the year of the federal decennial census of population on which the act is
19based, amend the ordinance or resolution to reflect the act. The amended ordinance
20or resolution shall designate the polling place for any ward that is created to reflect
21the legislative act. If a municipality enacts a division ordinance or adopts a division
22resolution that includes territory that is added to the municipality after the date on
23which the county in which the territory is located adopts a tentative supervisory
24district plan under s. 59.10 (2) (a) or (3) (b) 1., each ward that is comprised of the
25added territory shall be consecutively numbered, beginning with the whole number
1following the last number used in the decennial ward plan, in the sequence in which
2the ward is added to the municipality, and shall bear the letter "A" following the ward
3number.
AB940, s. 20
4Section
20. 5.15 (4) (b) of the statutes is amended to read:
AB940,13,235
5.15
(4) (b) Within 5 days after adoption or enactment of
an a division ordinance
6or resolution under this section
or any amendment thereto, the municipal clerk shall
7transmit file one copy of the ordinance or resolution
to or the amendment with the
8county clerk of each county in which the municipality is
contained located,
9accompanied by the list and map specified in par. (a).
If the population of the
10municipality exceeds 10,000, the municipal clerk shall furnish one copy to the
11legislative reference bureau at the same time If a ward division includes territory
12that was annexed to the municipality after January 1 of the year of the federal
13decennial census of population, the municipal clerk shall identify, for each
14annexation, the block number or numbers and the municipality or municipalities
15from which the territory was detached. No later than 10 days after receipt of a copy
16of a division ordinance or resolution, accompanied by the list and map specified in
17par. (a), the county clerk shall file with the legislative reference bureau one copy of
18the ordinance or resolution, accompanied by the list and map. Upon receipt, the
19legislative reference bureau shall provide the board with one copy of each ordinance
20or resolution received under this section, accompanied by the list and map. Each
21copy
filed under this paragraph shall identify the name of the municipality and the
22county or counties in which it is located.
A copy may be filed under this paragraph
23either in electronic or paper format.
AB940, s. 21
24Section
21. 5.15 (4) (c) of the statutes is created to read:
AB940,14,13
15.15
(4) (c) If a municipal clerk fails to file a copy of a division ordinance or
2resolution, accompanied by the list and map specified in par. (a), within the time
3period prescribed under par. (b), the municipality is liable to the state for any
4additional costs that are incurred by the elections board and by the legislature and
5legislative service agencies in recording ward data and that are caused by the
6untimely filing. If a county clerk fails to file a copy of a division ordinance or
7resolution, accompanied by the list and map specified in par. (a), within the time
8period prescribed under par. (b), the county is liable to the state for any additional
9costs that are incurred by the elections board and by the legislature and legislative
10service agencies in recording ward data and that are caused by the untimely filing.
11The legislative reference bureau may compile all additional costs for which a
12municipality or county is liable under this paragraph and may submit a statement
13of these costs to the appropriate municipal or county clerk.
AB940, s. 22
14Section
22. 5.15 (5) of the statutes is repealed.
AB940, s. 23
15Section
23. 5.15 (6) (a) of the statutes is amended to read:
AB940,14,2116
5.15
(6) (a) Following any municipality-wide special federal census of
17population, the governing body of the municipality in which the special census was
18held may, by ordinance or resolution, adjust the ward boundaries
to correlate with
19the results of the census, but no ward line adjustment may cross the boundary of an
20assembly district. The municipal clerk shall
transmit
file copies of the ordinance or
21resolution in compliance with sub. (4) (b).
AB940, s. 24
22Section
24. 5.15 (7) of the statutes is amended to read:
AB940,15,523
5.15
(7) If a new town is created or if part of a town is annexed to a city or village
24during a decennial period after the period for ward adjustments under sub. (1) (b),
25the town board of
any the new town
to which territory is attached or
of the town from
1which territory is detached, without regard to the time provisions of sub. (1) (b), may,
2by ordinance or resolution, adjust the wards in that town, but no ward line
3adjustment may cross the boundary of an assembly district. The town clerk shall
4transmit file copies of the ordinance or resolution making the adjustment in
5compliance with sub. (4) (b).