LRB-2045/1
JTK:lmk:jf
2005 - 2006 LEGISLATURE
September 26, 2005 - Introduced by Representatives Pocan, Berceau, Wood and
Zepnick, cosponsored by Senators Miller and Hansen. Referred to
Committee on Campaigns and Elections.
AB689,1,8
1An Act to amend 5.01 (3) (a), 5.58 (3), 5.62 (5), 5.64 (1) (g), 6.80 (2) (am), 7.08
2(1) (c), 7.50 (1) (c), 7.51 (4) (a), 7.51 (5) (a), 7.53 (1), 7.60 (4) (a), 7.60 (4) (c), 8.05
3(3) (a), 8.05 (4) (a), 8.11 (1) (a) to (c), 8.11 (2), (2m) and (5), 8.50 (3) (b), 9.10 (3)
4(d) and 10.02 (3) (intro.); and
to create 5.01 (3) (c), 5.01 (4) (e), 5.20, 5.40 (5s),
55.60 (6s), 5.62 (4) (c), 5.64 (1) (h), 6.80 (2) (g), 7.50 (2) (k), 7.52, 8.05 (1) (L), 8.11
6(6) and 10.02 (4) of the statutes;
relating to: use of preferential voting to
7determine the results of elections for local offices and granting rule-making
8authority.
Analysis by the Legislative Reference Bureau
Currently, a voter at a primary or other election for a county, municipal, or other
local office may cast one vote for a candidate for each office or seat that appears on
the ballot. If a primary is required for a partisan office, a voter may select the party
of his or her choice and may vote for one candidate for each office within that party.
If a primary is required for a nonpartisan office, a voter may select the candidate of
his or her choice for each office or seat that appears on the ballot, and the names of
the two candidates for that office or seat who receive the greatest numbers of votes
then appear on the ballot at the ensuing election. Generally, a primary election is
required to be held whenever there are more than two candidates who qualify to have
their names appear on the ballot for a nonpartisan office or seat or, whenever more
than one seat is to be filled on a governmental body at the same election, if there are
more than twice as many candidates for seats as there are seats to be filled from a
given jurisdiction or district. A primary is not held in elections for town or village
officers in a town or village where a caucus is used to nominate candidates for town
or village offices.
This bill permits the governing body of each county, municipality, or other local
governmental unit that is served by elective officers, except a town or village where
a caucus is used, to adopt a preferential voting method (also called an "instant runoff"
method) for the election of those officers. Under the preferential voting method,
whenever there are three or more candidates for an office or seat to be filled at an
election, each voter may cast as many votes for each office or seat as there are
candidates whose names appear on the ballot for that office or seat. If the voter votes
for more than one candidate for an office or seat, the voter must indicate a preference
between the candidates by designating one as "first choice," another as "second
choice," and subsequent choices in sequential preference. A voter may also vote for
one or more write-in candidates for any office or seat. A voter who casts one vote for
a candidate for an office or seat but who does not indicate a preference is considered
to have cast a "first-choice" vote for that candidate. If any candidate receives a
majority of the first-choice votes cast and votes cast without indicating a preference
for the office or seat, that candidate is elected. If no candidate receives a majority
of the first-choice and no-preference votes cast for an office or seat, the name of the
candidate receiving the least number of first-choice votes is dropped and the
second-choice votes of the voters who voted for that candidate, if any, are then added
to the first-choice votes received by the other candidates. In addition, the
third-choice votes of the voters who voted for that candidate, if any, are then added
to the second-choice votes received by the other candidates. Additional choices of
those voters are allocated to the other candidates in a similar manner. If any
candidate for the office or seat then has a majority of the combined first-choice,
reallocated second-choice and no-preference votes cast, that candidate is elected.
If not, the procedure is repeated until one candidate receives a majority of the
combined first-choice, reallocated second-choice, and no-preference votes cast. If
this voting method is used at an election for a nonpartisan office, no primary election
is held. Once adopted, the preferential voting method must be used in all elections
of the local governmental unit, but the local governmental unit may discontinue use
of the system upon 90 days' notice to affected municipalities. The procedure does not
apply at recall elections for county offices.
Currently, municipalities having a population of 7,500 or more must use voting
machines or an electronic voting system at every election. This bill requires any local
governmental unit that elects to use the preferential voting method for the election
of its officers to ensure that an electronic voting system is used in every municipality
that lies wholly or partially within the jurisdiction of the local governmental unit at
every election where this method of voting is used. If a municipality that lies within
the jurisdiction does not utilize an electronic voting system, the local governmental
unit must provide notice to the municipality that an electronic voting system will be
required at least nine months before the initial election at which the voting method
is to be used. The affected municipality must then acquire the necessary voting
system at municipal expense in time for the system to be used at the election.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB689, s. 1
1Section
1. 5.01 (3) (a) of the statutes is amended to read:
AB689,3,52
5.01
(3) (a) Except as provided in
par. pars. (b)
and (c), in every election to
3choose any officer, each elector has one vote for each office unless clearly indicated
4otherwise. The person receiving the greatest number of legal votes for the office shall
5be declared elected, and the canvassers shall so determine and certify.
AB689, s. 2
6Section
2. 5.01 (3) (c) of the statutes is created to read:
AB689,3,107
5.01
(3) (c) In every election for a local office in which the preferential voting
8method is used, any person who receives a majority of the first-choice votes shall be
9declared elected, and if no person receives a majority of first-choice votes, the
10election shall be determined in accordance with s. 7.52.
AB689, s. 3
11Section
3. 5.01 (4) (e) of the statutes is created to read:
AB689,3,1612
5.01
(4) (e) This subsection applies to elections at which the preferential voting
13method is used to break ties between candidates for an office or seat who receive the
14same number of votes of specified choice, but does not apply at such elections if more
15than one candidate for an office or seat receives the same number of lowest-choice
16votes.
AB689, s. 4
17Section
4. 5.20 of the statutes is created to read:
AB689,3,18
185.20 Preferential voting method. (1) In this section:
AB689,4,2
1(a) "Local governmental unit" means a county, city, village, town, or special
2purpose district.
AB689,4,73
(b) "Preferential voting" means a voting method in which the electors voting
4in an election for an elective office are permitted to express and order their
5preferences for all candidates whose names appear on the ballot for the same office
6or seat, or in a partisan primary election, for all candidates whose names appear on
7the ballot of the party selected by the elector for the same office or seat.
AB689,4,17
8(2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d), the policy-making body
9of any local governmental unit that is served by elective officers may adopt
10preferential voting as the method of voting and determination of the results of all
11elections for offices to be filled in the local governmental unit. If the preferential
12voting method is to be used in elections for the office of municipal judge of a joint
13municipal court under s. 755.01 (4), the governing body of each contracting
14municipality shall act under this subsection. A body may act under this subsection
15by ordinance or, if the body does not enact ordinances, by resolution adopted at a
16meeting of the body. A policy-making body that has adopted preferential voting
17under this subsection may revoke that action in like manner.
AB689,4,20
18(3) Action of a body under sub. (2) is effective for all elections held for the
19election of officers of a local governmental unit on and after the 120th day beginning
20after the action is taken, except as provided in sub. (7).
AB689,5,7
21(4) In jurisdictions where preferential voting is used, an elector may cast as
22many preferential votes for each office as there are candidates for the office whose
23names appear on the ballot. If more than one seat on a policy-making body is to be
24filled at large, an elector may cast one vote for each seat that is contested, multiplied
25by the number of candidates, and may cast as many preferential votes for the seats
1to be filled as there are candidates for those seats whose names appear on the ballot.
2If write-in votes are permitted, a voter may vote for a write-in candidate in lieu of
3any candidate whose name appears on the ballot. To indicate a preference, an elector
4shall mark his or her ballot with or cause the voting machine to reflect the elector's
5first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector is not
6required to indicate a choice and is not required to indicate as many choices as the
7elector is eligible to indicate.
AB689,5,14
8(5) The preferential voting method may not be used for balloting or canvassing
9within any ward or election district in which an election for an office is held unless
10it is used for balloting and canvassing within all wards and election districts in which
11that election is held. A preferential voting method may not be used in balloting or
12canvassing of votes for any office of a local governmental unit to be filled at an
13election unless it is used in balloting and canvassing of votes for all of the offices of
14the local governmental unit to be filled at that election.
AB689,5,16
15(6) In tallying votes in elections where preferential voting is used, the method
16of canvassing specified in s. 7.52 shall be used.
AB689,6,2
17(7) Whenever the policy-making body of a local governmental unit adopts or
18discontinues the preferential voting method to determine the election of the elective
19officers of the local governmental unit, the body shall promptly provide written
20notice of its action to the municipal clerk of each municipality other than the local
21governmental unit that lies wholly or partially within the jurisdiction of the local
22governmental unit. The body shall provide the notice no later than the 120th day
23preceding any election at which the preferential voting method is to be used, except
24that, if any municipality that lies wholly or partially within that jurisdiction does not
25employ an electronic voting system on the date of the body's determination to use the
1preferential voting method, the body shall provide the notice no later than 9 months
2preceding any election at which the preferential voting method is to be used.
AB689, s. 5
3Section
5. 5.40 (5s) of the statutes is created to read:
AB689,6,94
5.40
(5s) If a local governmental unit elects under s. 5.20 to utilize the
5preferential voting method to determine the results of elections for elective offices of
6that local governmental unit, each municipality having territory within the
7jurisdiction of that local governmental unit shall require the use of an electronic
8voting system at every polling place in the municipality at every election for those
9elective offices.
AB689, s. 6
10Section
6. 5.58 (3) of the statutes is amended to read:
AB689,7,211
5.58
(3) Names on spring ballot.
Only Except in elections at which the
12preferential voting method is used, only 2 candidates for state superintendent, for
13any judicial office, for any elected seat on a metropolitan sewerage commission or
14town sanitary district commission, in counties having a population of 500,000 or
15more only 2 candidates for member of the board of supervisors within each district,
16in counties having a population of less than 500,000 only 2 candidates for each
17member of the county board of supervisors from each district or numbered seat or
18only 4 candidates for each 2 members of the county board of supervisors from each
19district whenever 2 supervisors are elected to unnumbered seats from the same
20district, in 1st class cities only 2 candidates for any at-large seat and only 2
21candidates from any election district to be elected to the board of school directors, in
22school districts electing school board members to numbered seats, or pursuant to an
23apportionment plan or district representation plan, only 2 school board candidates
24for each numbered seat or within each district, and twice as many candidates as are
25to be elected members of other school boards or other elective officers receiving the
1highest number of votes at the primary shall be nominees for the office at the spring
2election. Only their names shall appear on the official spring ballot.
AB689, s. 7
3Section
7. 5.60 (6s) of the statutes is created to read:
AB689,7,64
5.60
(6s) Preferential voting method. If the preferential voting method is
5used in an election for local office, the form of the ballot shall conform to the
6requirements of s. 5.20 (4).
AB689, s. 8
7Section
8. 5.62 (4) (c) of the statutes is created to read:
AB689,7,98
5.62
(4) (c) No primary shall be held for county offices if the preferential voting
9method is used.
AB689, s. 9
10Section
9. 5.62 (5) of the statutes is amended to read:
AB689,7,2011
5.62
(5) At the September primary,
except in elections for county offices at
12which the preferential voting method is used, an elector may vote for the candidates
13of only one party, or the elector may vote for any of the independent candidates for
14state office listed; but the elector may not vote for more than one candidate for a
15single office.
A Except in elections at which the preferential voting method is used,
16a space shall be provided on the ballot for an elector to write in the name of his or her
17choice as a party candidate for any office, including a party candidate of a party
18whose name appears on the ballot, column or row designated for independent
19candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided to write
20in the names of independent candidates.
AB689, s. 10
21Section
10. 5.64 (1) (g) of the statutes is amended to read:
AB689,7,2522
5.64
(1) (g) Following under the independent candidates for each office, a space
23shall be provided for the elector to write in the name of a candidate of his or her choice
24for that office.
In elections at which the preferential voting method is used, the ballot
25shall conform to the requirements of s. 5.20 (4).
AB689, s. 11
1Section
11. 5.64 (1) (h) of the statutes is created to read:
AB689,8,32
5.64
(1) (h) If the preferential voting method is used at an election for county
3offices, the form of the ballot shall conform to the requirements of s. 5.20 (4).
AB689, s. 12
4Section
12. 6.80 (2) (am) of the statutes is amended to read:
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.