AB689,8,115
6.80
(2) (am) In partisan primaries,
except in elections at which the
6preferential voting method is used, an elector may vote for a person as the candidate
7of the party of the elector's choice, if that person's name does not appear on the official
8ballot of that party, by writing in the name of the person in the space provided on the
9ballot or the ballot provided for that purpose, or where voting machines are used, in
10the irregular ballot device, designating the party for which the elector desires such
11person to be the nominee.
AB689, s. 13
12Section
13. 6.80 (2) (g) of the statutes is created to read:
AB689,8,2213
6.80
(2) (g) In elections for offices at which the preferential voting method is
14used, an elector may cast as many preferential votes for each office or seat as there
15are candidates whose names appear on the ballot for that office or seat. If more than
16one seat on a governmental body is to be filled at large, an elector may cast as many
17preferential votes for that office or seat as there are candidates whose names appear
18on the ballot for all of the seats to be filled. An elector who indicates preferences for
19candidates for an office or seat must indicate a different preference for each
20candidate for that office or seat. If an elector does not indicate a preference between
21candidates for an office or seat, the elector has one vote for each office or seat to be
22filled at the election.
AB689,9,5
17.08
(1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1),
26.40 (1) (a), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3),
and 6.86 (2) and (3)
, and 7.52 (1).
3All such forms shall contain a statement of the penalty applicable to false or
4fraudulent registration or voting through use of the form. Forms are not required
5to be furnished by the board.
AB689, s. 15
6Section
15. 7.50 (1) (c) of the statutes is amended to read:
AB689,9,97
7.50
(1) (c)
If Except in elections at which the preferential voting method is
8used, if an elector casts more than one vote for the same candidate for the same office,
9the first vote is valid and the remaining votes are invalid.
AB689, s. 16
10Section
16. 7.50 (2) (k) of the statutes is created to read:
AB689,9,1911
7.50
(2) (k) In elections at which the preferential voting method is used, if an
12elector casts no more than one vote for each office or seat for which the elector is
13entitled to vote, but does not indicate a preference, the elector's votes shall be counted
14as first-choice votes for the candidates receiving the elector's votes. If an elector
15indicates the same preference for more than one candidate for an office or seat in an
16election where those expressed preferences exceed the number of offices or seats to
17be filled, the elector's votes are invalid. If an elector indicates both a preference and
18no preference for candidates for an office or seat in an election where the elector's
19votes exceed the number of offices or seats to be filled, the elector's votes are invalid.
AB689,9,2522
7.51
(4) (a) The tally sheets shall state the total number of votes cast for each
23office and for each individual receiving votes for that office, whether or not the
24individual's name appears on the ballot, and shall state the vote for and against each
25proposition voted on.
In elections in which the preferential voting method is
1employed, the tally sheets shall state the total number of first-choice votes received
2by each candidate and the total number of lesser-choice votes received by each
3candidate, indicating the total number of votes for each choice. Upon completion of
4the tally sheets, the inspectors shall immediately complete inspectors' statements in
5duplicate. The inspectors shall state the excess, if any, by which the number of
6ballots exceeds the number of electors voting as shown by the poll list and shall state
7the number of the last elector as shown by the poll lists. At least 3 inspectors,
8including the chief inspector and, unless election officials are appointed under s. 7.30
9(4) (c) without regard to party affiliation, at least one inspector representing each
10political party, shall then certify to the correctness of the statements and tally sheets
11and sign their names. All other election officials assisting with the tally shall also
12certify to the correctness of the tally sheets. When the tally is complete, the
13inspectors shall publicly announce the results from the statements.
AB689,11,616
7.51
(5) (a) The inspectors shall make full and accurate return of the votes cast
17for each candidate and proposition on tally sheet forms provided by the municipal
18clerk for that purpose. Each tally sheet shall record the returns for each office or
19referendum by ward, unless combined returns are authorized in accordance with s.
205.15 (6) (b) in which case the tally sheet shall record the returns for each group of
21combined wards. After recording the votes, the inspectors shall seal in a carrier
22envelope outside the ballot bag or container one inspectors' statement under sub. (4)
23(a), one tally sheet, and one poll list for delivery to the county clerk, unless the
24election relates only to municipal or school district offices or referenda. The
25inspectors shall also similarly seal one inspectors' statement, one tally sheet, and one
1poll list for delivery to the municipal clerk.
For elections in which the preferential
2voting method is used, the inspectors shall enclose the tally sheet provided under s.
37.52 (1). For school district elections, except in 1st class cities, the inspectors shall
4similarly seal one inspectors' statement, one tally sheet, and one poll list for delivery
5to the school district clerk. The inspectors shall immediately deliver all ballots,
6statements, tally sheets, lists, and envelopes to the municipal clerk.
AB689, s. 19
7Section
19. 7.52 of the statutes is created to read:
AB689,11,10
87.52 Canvass procedure for preferential voting method. In any election
9in which the preferential voting method is used, the election shall be canvassed in
10the following manner:
AB689,11,13
11(1) The board shall prescribe a tally sheet form for canvassing of elections in
12which the preferential voting method is used. The inspectors shall use the form in
13preparing the returns and shall retain the form as a part of the official returns.
AB689,12,14
14(2) If any candidate receives a majority of the first-choice votes cast for an office
15or seat, the candidate shall be declared elected. If no candidate for an office or seat
16receives a majority of the first-choice votes cast, the first-choice votes received by
17the candidate who receives the least number of first-choice votes shall be excluded
18from the tally and the 2nd-choice votes, if any, cast by the electors who voted for that
19candidate shall be added to the first-choice votes received by the other candidates.
20If more than one candidate receives the least number of first-choice votes, the names
21of the candidates receiving these votes shall be excluded from the tally and the
222nd-choice votes, if any, cast by electors who voted for those candidates shall be
23added to the first-choice votes received by the other candidates. The 3rd-choice
24votes, if any, cast for that candidate shall be added to the 2nd-choice votes received
25by the other candidates. Additional choice votes, if any, shall be tallied in the same
1manner. If at an election at which the preferential voting method is used an elector
2in voting for an office or seat indicates a choice for a lesser preference without also
3indicating a choice for all greater preferences available to the elector for that office
4or seat, each lesser preference of the elector for that office or seat shall be counted
5as a higher preference in the order that the elector's choices are indicated so that all
6of the preferences of the elector are cast in consecutive order. If any candidate then
7receives a majority of the first-choice votes cast and votes cast without indicating a
8preference for an office or seat, the candidate shall be declared elected. If no
9candidate for an office or seat receives a majority of the first-choice votes cast and
10votes cast without indicating a preference, the canvassers shall exclude from the
11tally the first-choice votes received by the candidate who receives the least number
12of first-choice votes and repeat the above procedure until one candidate receives a
13majority of the first-choice votes cast and votes cast without indicating a preference
14for the office or seat.
AB689, s. 20
15Section
20. 7.53 (1) of the statutes is amended to read:
AB689,13,216
7.53
(1) Municipalities with one polling place. Where the municipality
17constitutes one ward or combines all wards to utilize a single polling place under s.
185.15 (6) (b), the canvass shall be conducted publicly under s. 7.51 and the inspectors
19shall act as the municipal board of canvassers. Upon completion of the canvass and
20ascertainment of the results by the inspectors, the clerk shall publicly read the
21names of the persons voted for and the number of votes for each person for each
22municipal office
,; in elections in which the preferential voting method is used, the
23number of first-choice votes and the number of lesser-choice votes for each person
24for each office, indicating the numbers for each choice; the names of the persons
25declared by the inspectors to have won nomination or election to each municipal
1office
; and the number of votes cast for and against each municipal referendum
2question.
AB689, s. 21
3Section
21. 7.60 (4) (a) of the statutes is amended to read:
AB689,13,254
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
5showing the numbers of votes cast for the offices of president and vice president; state
6officials; U.S. senators and representatives in congress; state legislators; justice;
7court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
8commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
9municipal judge elected under s. 755.01 (4) serves a municipality that is located
10partially within the county and candidates for that judgeship file nomination papers
11in another county, the board of canvassers shall prepare a duplicate statement
12showing the numbers of votes cast for that judgeship in that county for transmittal
13to the other county. For partisan candidates, the statements shall include the
14political party or principle designation, if any, next to the name of each candidate.
15The board of canvassers shall also prepare a statement showing the results of any
16county, technical college district or statewide referendum. Each statement shall
17state the total number of votes cast in the county for each office; the names of all
18persons for whom the votes were cast, as returned; the number of votes cast for each
19person;
after elections at which the preferential voting method is used, the number
20of first-choice votes and lesser-choice votes cast for each person, indicating the
21numbers for each choice; and the number of votes cast for and against any question
22submitted at a referendum. The board of canvassers shall use one copy of each
23duplicate statement to report to the elections board, technical college district board
24or board of canvassers of any other county and shall file the other statement in the
25office of the county clerk or board of election commissioners.
AB689, s. 22
1Section
22. 7.60 (4) (c) of the statutes is amended to read:
AB689,14,152
7.60
(4) (c) In preparing the statements and determinations, the board of
3canvassers shall carefully review the tally sheets and inspectors' statement. The
4board of canvassers may omit the names of individuals whose names do not appear
5on the ballot and who receive a comparatively small number of votes. The board of
6canvassers shall designate votes received by such individuals as scattering votes.
7The board of canvassers shall append to each statement and determination a
8tabulation of the votes cast at each election district, ward or combination of wards
9authorized under s. 5.15 (6) (b) in the county for each office and each individual,
10whether the votes are canvassed or not, as well as the total canvassed votes cast for
11each individual and each office, except where scattering votes are designated
, and,
12after elections at which the preferential voting method is used, the number of
13first-choice votes and lesser-choice votes cast for each person for each office,
14indicating the numbers for each choice. If any votes are rejected, the board of
15canvassers shall specify the reasons therefor.
AB689, s. 23
16Section
23. 8.05 (1) (L) of the statutes is created to read:
AB689,14,2017
8.05
(1) (L) Whenever a caucus is used to nominate candidates for town or
18village offices, the preferential voting method shall not be used. If a town or village
19institutes a nonpartisan primary, the preferential voting method may be substituted
20as provided in s. 5.20.
AB689, s. 24
21Section
24. 8.05 (3) (a) of the statutes is amended to read:
AB689,15,422
8.05
(3) (a)
In lieu of sub. (1)
Except as provided in s. 8.11 (6), the electors either
23by referendum or at the town meeting may
, in lieu of holding a caucus under sub. (1), 24provide for nomination of elective town office candidates at a nonpartisan primary
25conducted as provided in sub. (5). The nomination papers shall be signed by not less
1than 20 nor more than 100 electors of the town. The nomination papers shall be
2circulated not sooner than December 1 preceding the election and shall be filed with
3the town clerk not later than 5 p.m. the first Tuesday in January, or the next day if
4Tuesday is a holiday.
AB689, s. 25
5Section
25. 8.05 (4) (a) of the statutes is amended to read:
AB689,15,106
8.05
(4) (a)
A Except as provided in s. 8.11 (6), a majority of the governing body
7of any village may provide under s. 8.11 (1) (a) and (b) that candidates for elective
8village office shall be nominated by a nonpartisan primary, under sub. (5).
9Determination of the governing body to provide for such primary under s. 8.11 (1) (a)
10shall be made not later than December 1 preceding the election.
AB689, s. 26
11Section
26. 8.11 (1) (a) to (c) of the statutes are amended to read:
AB689,15,1612
8.11
(1) (a)
A Except as provided in sub. (6), a primary may be held in any city
13for the nomination of candidates for city office. When a majority of all the members
14of the governing body of a city decide upon a spring primary for any specific election,
15they shall so provide not later than 3 days after the deadline for filing nomination
16papers.
AB689,15,1917
(b)
Any Except as provided in sub. (6), any city may provide by charter
18ordinance, under s. 66.0101, that whenever 3 or more candidates file nomination
19papers for a city office, a primary to nominate candidates for the office shall be held.
AB689,15,2420
(c)
Whenever Except as provided in sub. (6), whenever electors, equal to at least
2110% of the vote for governor in the city at the last general election, file a petition
22conforming to the requirements of s. 8.40 with the city clerk requesting a primary
23within 3 days after the deadline for filing nomination papers, there shall be a
24primary for any specific election.
AB689, s. 27
25Section
27. 8.11 (2), (2m) and (5) of the statutes are amended to read:
AB689,16,4
18.11
(2) Milwaukee County. A Except as provided in sub. (6), a primary shall
2be held in counties having a population of 500,000 or more whenever there are more
3than twice the number of candidates to be elected to any judicial office within the
4county or to the county board of supervisors from any one district.
AB689,16,8
5(2m) First class city school board. A Except as provided in sub. (6), a 6primary shall be held in 1st class cities whenever there are more than 2 candidates
7for member of the board of school directors at-large or from any election district in
8any year.
AB689,16,11
9(5) County supervisors. A Except as provided in sub. (6), a primary shall be
10held in an election for county board supervisor whenever 3 or more candidates file
11nomination papers.
AB689, s. 28
12Section
28. 8.11 (6) of the statutes is created to read:
AB689,16,1513
8.11
(6) Preferential voting; exception. If a primary is authorized or required
14in an election for a local office and the preferential voting method is adopted for use
15in elections for that office under s. 5.20, no primary shall be held.
AB689, s. 29
16Section
29. 8.50 (3) (b) of the statutes is amended to read:
AB689,17,617
8.50
(3) (b) Except as otherwise provided in this section, the provisions for
18September primaries under s. 8.15 are applicable to all partisan primaries held
19under this section, and the provisions for spring primaries under s. 8.10 are
20applicable to all nonpartisan primaries held under this section. In a special partisan
21primary or election, the order of the parties on the ballot shall be the same as
22provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office at
23a special partisan election shall not appear on the primary ballot. No primary is
24required for a nonpartisan election in which not more than 2 candidates for an office
25appear on the ballot or for a partisan election in which not more than one candidate
1for an office appears on the ballot of each recognized political party.
No primary shall
2be held in a special election for any local office if the preferential voting method is
3used in that election. In every special election except a special election for
4nonpartisan state office where no candidate is certified to appear on the ballot, a
5space for write-in votes shall be provided on the ballot, regardless of whether a
6special primary is held.
AB689, s. 30
7Section
30. 9.10 (3) (d) of the statutes is amended to read:
AB689,17,188
9.10
(3) (d) If more than 2 persons compete for a nonpartisan office, a recall
9primary shall be held. The names of the 2 persons receiving the highest number of
10votes in the recall primary shall be certified to appear on the ballot in the recall
11election, but if any person receives a majority of the total number of votes cast in the
12recall primary, a recall election shall not be held. If the incumbent receives a majority
13of the votes cast, the incumbent shall be retained in office for the remainder of the
14term. If another candidate receives a majority of the votes cast, that candidate shall
15be elected to serve for the residue of the unexpired term of the incumbent. Write-in
16votes are permitted only at a recall primary or at a recall election in which no primary
17is held.
The preferential voting method shall not be used in a recall election for
18county office.
AB689, s. 31
19Section
31. 10.02 (3) (intro.) of the statutes is amended to read:
AB689,17,2020
10.02
(3) (intro.) The notice shall contain the following:
AB689,17,2121
FACSIMILE BALLOT NOTICE
AB689,17,2222
OF .... ELECTION
AB689,17,2323
Office of .... [County] [Municipal] Clerk.
AB689,17,2424
To the Electors of .... [County] [Municipality]:
AB689,18,7
1Notice is hereby given of a .... election to be held in the several wards in the
2[county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers
3named below shall be chosen. The names of the candidates for each office to be voted
4for, whose nominations have been certified to or filed in this office, are given under
5the title of the office and under the appropriate party or other designation, each in
6its proper column, together with the questions submitted to a vote, in the sample
7ballot below.
AB689,18,88
INFORMATION TO ELECTORS
AB689,18,129
Except
as provided in sub. (4) and except where a different statement is
10prescribed by the board for use in whole or in part by municipalities using electronic
11voting systems under s. 5.95, the voting instructions shall be given substantially as
12follows:
AB689, s. 32
13Section
32. 10.02 (4) of the statutes is created to read:
AB689,18,1514
10.02
(4) The board shall prescribe by rule the content of type B notices to be
15used at all elections at which the preferential voting method is used.
AB689,18,1817
(1) The treatment of sections 7.08 (1) (c) and 7.51 (4) (a) and (5) (a) of the
18statutes first applies with respect to the 2006 spring primary election.
AB689,18,2120
(1) This act takes effect on January 1, 2006, or the day after publication,
21whichever is later.