The LRB must ensure that each bill embodying a redistricting plan it draws
contains specified conventions to apply wherever territory in a plan is described by
geographic boundaries. Also, each such bill must provide that the bill first applies,
with respect to regular elections, to offices filled at the next occurring general
election and, with respect to special or recall elections, to offices filled or contested
on or after the date of the next occurring general election.
Challenge based on population inequality
If an action is brought challenging a legislative redistricting plan adopted
under the procedure established in the bill on the basis of an excessive population
variance among senate or assembly districts, the legislature has the burden of
justifying any variance in excess of ten percent between the population of a senate
or assembly district and the applicable ideal district population. If an action is
brought challenging a congressional redistricting plan adopted under the procedure
established in the bill on the basis of an excessive population variance among
congressional districts, the legislature has the burden of justifying any variance in
excess of one percent between the population of a congressional district and the
applicable ideal district population.
For further information see the state 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:
AB185,1
1Section
1. 3.002 (intro.) and (1m) of the statutes are consolidated, renumbered
23.002 and amended to read:
AB185,5,6
33.002 Description of territory. (intro.) In this chapter
: (1m) Reference
,
4reference to any county or municipality means that county or municipality as its
5boundaries exist on April 1 of the year of the federal decennial census
on which the
6districting plan described under subch. II is based.
AB185,2
7Section
2. 3.002 (2) of the statutes is repealed.
AB185,3
8Section
3. 3.004 (2) of the statutes is amended to read:
AB185,5,139
3.004
(2) "Ward" means a ward prescribed by a municipality based upon
10municipal boundaries in effect on April 1 of the year of the federal decennial census
11in accordance with the most recent revision of municipal wards under s. 5.15
upon
12which the districting plan described under subch. II is based
and used in preparing
13congressional and legislative redistricting plans as required under s. 4.005.
AB185,4
1Section
4. Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed
2and recreated to read:
AB185,6,65
general provisions
6and redistricting
AB185,6,7
74.001 Definitions. In this chapter, unless the context requires otherwise:
AB185,6,8
8(1) "Block" has the meaning given in s. 5.02 (1q).
AB185,6,10
9(2) "Commission" means the redistricting advisory commission established
10under s. 13.49.
AB185,6,12
11(3) "Plan" means a plan for legislative and congressional reapportionment
12prepared under this subchapter.
AB185,6,14
13(4) "Political subdivision" means a city, town, village, or county within this
14state.
AB185,6,15
15(5) "Section 2 of the Voting Rights Act" means
42 USC 1973.
AB185,6,18
16(6) "Ward" means a municipal ward in effect on April 1 of the year of the federal
17decennial census and and used in preparing congressional and legislative
18redistricting plans as required under s. 4.005.
AB185,6,21
194.002 Political subdivision boundaries. In this chapter, reference to any
20political subdivision means that political subdivision as its boundaries exist on April
211 of the year of the federal decennial census.
AB185,6,25
224.003 Legislative districts established. This state is divided into 33 senate
23districts, each composed of 3 assembly districts. Each senate district may elect one
24member of the senate. Each assembly district may elect one representative to the
25assembly.
AB185,7,4
14.004 Preparations for redistricting. (1) The legislative reference bureau
2shall acquire appropriate information, review and evaluate available facilities, and
3develop programs and procedures in preparation for drawing congressional and
4legislative redistricting plans on the basis of each federal decennial census.
AB185,7,9
5(2) By December 1 of the year of the decennial federal census, the legislative
6reference bureau shall obtain from the U.S. bureau of the census information
7regarding geographic and political units in this state for which federal census
8population data has been gathered and will be tabulated. The legislative reference
9bureau shall use the information to do all of the following:
AB185,7,1210
(a) Prepare necessary descriptions of geographic and political units for which
11census data will be reported and which are suitable for use as components of
12legislative districts.
AB185,7,1513
(b) Prepare maps of geographic and political units within the state which may
14be used to illustrate the locations of district boundaries proposed in plans prepared
15in accordance with s. 4.007.
AB185,7,25
16(3) As soon as possible after receiving from the U.S. bureau of the census the
17population data needed for legislative redistricting which the U.S. bureau of the
18census is required to provide this state under P.L.
94-171, the legislative reference
19bureau shall use that data to assign a population figure based upon certified federal
20census data to each geographic or political unit described under sub. (2) (b). The
21legislative reference bureau shall prepare and publish an analysis describing the
22population of current legislative and congressional districts and the extent to which
23the districts may violate the standards under s. 4.007. Upon satisfying these
24requirements, the legislative reference bureau shall begin the preparation of
25congressional and legislative redistricting plans as required under s. 4.006.
AB185,8,7
14.005 Use of municipal ward plans. After receipt of a division ordinance or
2resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data
3obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population
4figure based upon certified federal census data to each ward established in the
5division ordinance or resolution. The legislative reference bureau shall use each
6ward to which a population figure is assigned in preparing congressional and
7legislative redistricting plans as required under s. 4.006.
AB185,8,18
84.006 Preparation of redistricting plans. (1) Not later than January 1 of
9the 2nd year following the decennial federal census, the legislative reference bureau
10shall deliver to the majority leader of the senate and speaker of the assembly
11identical bills creating plans of legislative and congressional redistricting, prepared
12in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to
13a vote expeditiously, but not less than 7 days after the commission report under s.
1413.49 (3) (c) 2. is received and made available to the members of the legislature. The
15vote shall be under a procedure or rule permitting no amendments except those of
16a purely corrective nature. If the bill is approved by the first house in which it is
17considered, the bill shall expeditiously be brought to a vote in the 2nd house under
18a similar procedure or rule.
AB185,9,8
19(2) If neither of the bills delivered by the legislative reference bureau under
20sub. (1) is approved by both the assembly and the senate, the chief clerk of the house
21that failed to approve the bill shall immediately transmit to the legislative reference
22bureau information which that house may direct regarding reasons why the plan was
23not approved. The legislative reference bureau shall prepare identical bills
24embodying a 2nd plan of legislative and congressional redistricting prepared in
25accordance with s. 4.007 and taking into account the reasons transmitted to the
1legislative reference bureau under this subsection insofar as it is possible to do so
2within the requirements of s. 4.007. The legislative reference bureau shall deliver
3the bills to the majority leader of the senate and the speaker of the assembly no later
4than 21 days after the date of the vote by which the senate or the assembly failed to
5approve the bill submitted under sub. (1). Any bill delivered by the legislative
6reference bureau under this subsection shall be expeditiously introduced and
7brought to a vote not less than 7 days after the date of introduction, in the same
8manner as prescribed for the bill required under sub. (1).
AB185,9,18
9(3) If neither of the bills delivered by the legislative reference bureau under
10sub. (2) is approved by both the assembly and the senate, the same procedure as
11prescribed by sub. (2) shall be followed. If a 3rd plan is required under this
12subsection, the legislative reference bureau shall deliver the bills to the majority
13leader of the senate and the speaker of the assembly no later than 21 days after the
14date of the vote by which the senate or the assembly failed to approve the bill
15submitted under sub. (2). Any bill delivered by the legislative reference bureau
16under this subsection shall be expeditiously introduced and brought to a vote not less
17than 7 days after the date of introduction and shall be subject to amendment in the
18same manner as other bills.
AB185,9,19
19(4) Notwithstanding subs. (1) to (3):
AB185,9,2520
(a) If certified federal census data which is sufficient to permit preparation of
21a congressional redistricting plan becomes available at an earlier time than the
22population data needed to permit preparation of a legislative redistricting plan in
23accordance with section 4.007, the legislative reference bureau shall so inform the
24majority leader of the senate and the speaker of the assembly. If the majority leader
25of the senate and the speaker of the assembly jointly direct, the legislative reference
1bureau shall prepare a separate bill establishing congressional districts and deliver
2it separately from the bill establishing legislative districts. The legislature shall
3proceed to consider the congressional redistricting bill in substantially the manner
4prescribed by subs. (1) to (3).
AB185,10,145
(b) If the population data for legislative redistricting which the U.S. bureau of
6the census is required to provide this state under P.L.
94-171 and, if used by the
7legislative reference bureau, the corresponding topologically integrated geographic
8encoding and referencing data file for that population data, are not available to the
9legislative reference bureau on or before April 1 of the first year following the
10decennial federal census, the deadlines set forth in this section shall be extended by
11a number of days equal to the number of days after April 1 of the first year following
12the decennial federal census that the population data and the topologically
13integrated geographic encoding and referencing data file for legislative redistricting
14become available.
AB185,10,18
154.007 Redistricting standards. (1) Legislative and congressional districts
16shall be established on the basis of population requirements imposed under the
17Wisconsin Constitution and the U.S. Constitution and requirements imposed under
18section 2 of the Voting Rights Act.
AB185,11,6
19(2) Senate and assembly districts, respectively, shall satisfy the population
20standards established in this subsection. The quotient, obtained by dividing the sum
21of the absolute values of the deviations of all district populations from the applicable
22ideal district population by the number of districts established, may not exceed 1
23percent of the applicable ideal district population, unless necessary to maintain
24compliance with section 2 of the Voting Rights Act. For purposes of this subsection,
25the ideal district population is determined by dividing the number of districts to be
1established into the population of the state reported in the most recent federal
2decennial census. No senate district may have a population which exceeds that of
3any other senate district by more than 10 percent and no assembly district may have
4a population which exceeds that of any other assembly district by more than 10
5percent, unless necessary to maintain compliance with section 2 of the Voting Rights
6Act.
AB185,11,12
7(3) Congressional districts shall each have a population as nearly equal as
8practicable to the ideal district population, derived as prescribed in sub. (2), while
9maintaining compliance with section 2 of the Voting Rights Act. No congressional
10district may have a population which varies by more than 1 percent from the
11applicable ideal district population, unless necessary to comply with section 2 of the
12Voting Rights Act.
AB185,11,20
13(4) District boundaries shall coincide with ward boundaries and, to the extent
14consistent with sub. (1), shall coincide with the boundaries of political subdivisions.
15The number of political subdivisions divided among more than one district shall be
16as small as possible. When there is a choice among political subdivisions to divide,
17the more populous political subdivisions shall be divided before the less populous,
18except that this requirement does not apply to a legislative district boundary drawn
19along a county boundary which passes through a city with territory in more than one
20county.
AB185,11,22
21(5) Districts shall be composed of convenient contiguous territory. Areas which
22meet only at the points of adjoining corners are not contiguous.
AB185,11,23
23(6) (a) In this subsection:
AB185,12,724
1. "Geographic unit center" means that point within a population data unit
25approximately equidistant from the northern and southern extremities, and also
1approximately equidistant from the eastern and western extremities of the
2population data unit. This point shall be determined by visual observation of a map
3of the population data unit, unless it is otherwise determined within the context of
4an appropriate coordinate system developed by the federal government or another
5source that the legislative reference bureau determines is qualified and objective and
6is obtained for use in this state with prior approval of the joint committee on
7legislative organization.
AB185,12,118
2. "Population data unit" means a ward, census enumeration district, block, or
9other unit of territory having clearly identified geographic boundaries and for which
10a total population figure is included in or can be derived directly from certified
11federal census data.
AB185,12,1712
3. ""X" coordinate" means the relative location of a point along the east–west
13axis of the state. Unless otherwise measured within the context of an appropriate
14coordinate system obtained for use as permitted by subd. 1., the "x" coordinate shall
15be measured along a line drawn due east from a due north and south line running
16through the point which is the western extremity of this state, to the point to be
17located.
AB185,12,2318
4. ""Y" coordinate" means the relative location of a point along the north–south
19axis of the state. Unless otherwise measured within the context of an appropriate
20coordinate system obtained for use as permitted by subd. 1., the "y" coordinate shall
21be measured along a line drawn due south from a due east and west line running
22through the point which is the northern extremity of this state, to the point to be
23located.
AB185,13,524
(b) To the extent consistent with subs. (1) to (3), districts shall be compact in
25form. Compact districts are those which are square, rectangular, or hexagonal in
1shape to the extent permitted by natural or political boundaries. When it is
2necessary to compare the relative compactness of 2 or more districts, or of 2 or more
3alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used.
4Should the results of these 2 tests be contradictory, the standard under par. (c) shall
5be given greater weight than the standard under par. (d).
AB185,13,86
(c) 1. The compactness of a district is greatest when the length of the district
7and the width of the district are equal. The measure of a district's compactness is
8the absolute value of the difference between the length and the width of the district.
AB185,13,139
2. In measuring the compactness of a district by means of electronic data
10processing, the difference between the "x" coordinates of the easternmost and the
11westernmost geographic unit centers included in the district shall be compared to the
12difference between the "y" coordinates of the northernmost and southernmost
13geographic unit centers included in the district.
AB185,14,214
3. To determine the length and width of a district by manual measurement, the
15distance from the northernmost point or portion of the boundary of a district to the
16southernmost point or portion of the boundary of the same district and the distance
17from the westernmost point or portion of the boundary of the district to the
18easternmost point or portion of the boundary of the same district shall each be
19measured. If the northernmost or southernmost portion of the boundary, or each of
20these points, is a part of the boundary running due east and west, the line used to
21make the measurement required by this subdivision shall be drawn either due north
22and south or as nearly so as the configuration of the district permits. If the
23easternmost or westernmost portion of the boundary, or each of these points, is a part
24of the boundary running due north and south, a similar procedure shall be followed.
25The lines to be measured for the purpose of this subdivision shall each be drawn as
1required by this subdivision, even if some part of either or both lines lies outside the
2boundaries of the district which is being tested for compactness.
AB185,14,73
4. The absolute values computed for individual districts under this paragraph
4may be cumulated for all districts in a plan in order to compare the overall
5compactness of 2 or more alternative redistricting plans for the state or for a portion
6of the state. However, it is not valid to cumulate or compare absolute values
7computed under subd. 2. with those computed under subd. 3.
AB185,14,108
(d) 1. The compactness of a district is greatest when the ratio of the dispersion
9of population about the population center of the district to the dispersion of
10population about the geographic center of the district is one to one.
AB185,14,2111
2. The population dispersion about the population center of a district or about
12the geographic center of a district is computed as the sum of the products of the
13population of each population data unit included in the district multiplied by the
14square of the distance from the geographic unit center of that population data unit
15to the population center or the geographic center of the district, as the case may be.
16The geographic center of the district is defined by averaging the locations of all
17geographic unit centers which are included in the district. The population center of
18the district is defined by computing the population–weighted average of the "x"
19coordinates and "y" coordinates of each geographic unit center assigned to the
20district, it being assumed for the purpose of this calculation that each population
21data unit possesses uniform density of population.
AB185,14,2422
3. The ratios computed for individual districts under this paragraph may be
23averaged for all districts in a plan in order to compare the overall compactness of 2
24or more alternative redistricting plans for the state or for a portion of the state.
AB185,15,6
1(7) In preparing any redistricting plan, the legislative reference bureau shall
2be strictly nonpartisan. No district may be drawn for the purpose of favoring a
3political party, incumbent legislator or member of Congress, or other person or group
4or, except to the extent required under sub. (1), for the purpose of augmenting or
5diluting the voting strength of a language or racial minority group. In establishing
6districts, no use shall be made of any of the following data:
AB185,15,77
(a) The residence addresses of incumbent legislators or members of Congress.
AB185,15,88
(b) Political affiliations of registered voters.
AB185,15,99
(c) Previous election results.
AB185,15,1110
(d) Demographic information except as necessary to meet the requirements of
11sub. (1).
AB185,15,20
12(8) The number of assembly districts in any redistricting plan may not be less
13than 54 nor more than 100. The number of senate districts in any redistricting plan
14may not be more than one-third nor less than one-fourth of the number of assembly
15districts. Each senate district shall contain only whole assembly districts. Except
16as otherwise provided in this subsection, to the extent possible, each congressional
17district shall contain only whole senate districts. The other standards specified in
18this section shall take precedence where a conflict arises between those standards
19and the requirement of including only whole senate districts within a congressional
20district.
AB185,15,22
214.008 Required provisions in redistricting bills. Each bill delivered under
22s. 4.006 shall provide all of the following:
AB185,15,24
23(1) That, wherever territory is described in the bill by geographic boundaries,
24the following conventions are used:
AB185,16,2
1(a) Each bound continues to the intersection with the bound next named, or to
2the intersection with a straight-line extension of such bound.
AB185,16,43
(b) If the bound is a street, it follows the center line of the street or the center
4line of the street extended.
AB185,16,65
(c) If the bound is a railroad right-of-way, it follows the center line of the
6railroad right-of-way.
AB185,16,87
(d) If the bound is a river or stream, it follows the center of the main channel
8of such river or stream.
AB185,16,99
(e) If the bound follows a municipal boundary, it coincides with such boundary.
AB185,16,13
10(2) That the bill first applies, with respect to regular elections, to offices filled
11at the next occurring general election after the bill takes effect and, with respect to
12special or recall elections, to offices filled or contested on or after the date of that
13general election.
AB185,16,23
144.0085 Challenge based on population inequality; burden of proof. If
15an action is brought challenging a legislative redistricting plan under this chapter
16on the basis of an excessive population variance among senate or assembly districts
17established in the plan, the legislature has the burden of justifying any variance in
18excess of 10 percent between the population of a senate or assembly district and the
19applicable ideal district population. If an action is brought challenging a
20congressional redistricting plan under this chapter on the basis of an excessive
21population variance among congressional districts established in the plan, the
22legislature has the burden of justifying any variance in excess of 1 percent between
23the population of a congressional district and the applicable ideal district population.
AB185,5
24Section
5. 5.15 (4) (a) of the statutes is amended to read:
AB185,17,19
15.15
(4) (a) Except as provided in par. (c), the division ordinance or resolution
2shall number all wards in the municipality with unique whole numbers in
3consecutive order, beginning with the number one, shall designate the polling place
4for each ward, and shall describe the boundaries of each ward consistent with the
5conventions set forth in s.
4.003 4.008 (1). The ordinance or resolution shall be
6accompanied by a list of the block numbers used by the U.S. bureau of the census that
7are wholly or partly contained within each ward, with any block numbers partly
8contained within a ward identified, and a map of the municipality which illustrates
9the revised ward boundaries. If the legislature, in an act redistricting legislative
10districts under article IV, section 3, of the constitution, or in redistricting
11congressional districts, establishes a district boundary within a municipality that
12does not coincide with the boundary of a ward established under the ordinance or
13resolution of the municipality, the municipal governing body shall, no later than
14April 10 of the 2nd year following the year of the federal decennial census on which
15the act is based, amend the ordinance or resolution to the extent required to effect
16the act. The amended ordinance or resolution shall designate the polling place for
17any ward that is created to effect the legislative act. Nothing in this paragraph shall
18be construed to compel a county or city to alter or redraw supervisory or aldermanic
19districts.
AB185,6
20Section
6. 13.49 of the statutes is created to read:
AB185,17,21
2113.49 Redistricting advisory commission. (1) Definitions. In this section:
AB185,17,2322
(a) "Chief election officer" means the chief election officer of the government
23accountability board.
AB185,17,2424
(b) "Four selecting authorities" means all of the following:
AB185,17,2525
1. The majority leader of the senate.
AB185,18,1
12. The minority leader of the senate.
AB185,18,22
3. The speaker of the assembly.
AB185,18,33
4. The minority leader of the assembly.
AB185,18,44
(c) "Partisan public office" means any of the following:
AB185,18,65
1. The office of governor, lieutenant governor, secretary of state, state treasurer,
6attorney general, state senator or state representative to the assembly.
AB185,18,87
2. A county office which is filled by an election process involving nomination
8and election of candidates on a partisan basis.
AB185,18,109
(d) "Political party office" means an elective office in a political party, as defined
10in s. 5.02 (13), or in a national political party.
AB185,18,1611
(e) "Relative" means an individual who is related to the person in question as
12father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
13husband, wife, grandfather, grandmother, father-in-law, mother-in-law,
14son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
15stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half
16sister.
AB185,18,25
17(2) General provisions. (a) Not later than February 15 of the first year
18following the decennial federal census, a temporary redistricting advisory
19commission is created consisting of 5 members. Each of the 4 selecting authorities
20shall certify to the chief election officer the selecting authority's appointment of a
21person to serve on the commission. Within 30 days after the last selecting authority
22has certified his or her appointment, but not later than February 15 of the first year
23following the decennial federal census, the 4 commission members so appointed shall
24select, by a vote of at least 3 members, and certify to the chief election officer the 5th
25commission member, who shall serve as chairperson.
AB185,19,2
1(b) No individual may be appointed to the redistricting advisory commission
2who satisfies any of the following:
AB185,19,43
1. The individual is not an eligible elector of this state at the time of the
4appointment.
AB185,19,55
2. The individual holds partisan public office or political party office.