144.0085 Challenge based on population inequality; burden of proof.
an action is brought challenging a legislative redistricting plan under this 16
subchapter on the basis of an excessive population variance among senate or 17
assembly districts established in the plan, the legislature has the burden of 18
justifying any variance in excess of 10 percent between the population of a senate or 19
assembly district and the applicable ideal district population. If an action is brought 20
challenging a congressional redistricting plan under this subchapter on the basis of 21
an excessive population variance among congressional districts established in the 22
plan, the legislature has the burden of justifying any variance in excess of 1 percent 23
between the population of a congressional district and the applicable ideal district 24
5.15 (4) (a) of the statutes is amended to read:
(a) Except as provided in par. (c), the division ordinance or resolution 2
shall number all wards in the municipality with unique whole numbers in 3
consecutive order, beginning with the number one, shall designate the polling place 4
for each ward, and shall describe the boundaries of each ward consistent with the 5
conventions set forth in s. 4.003 4.008 (1)
. The ordinance or resolution shall be 6
accompanied by a list of the block numbers used by the U.S. bureau of the census that 7
are wholly or partly contained within each ward, with any block numbers partly 8
contained within a ward identified, and a map of the municipality which illustrates 9
the revised ward boundaries. If the legislature, in an act redistricting legislative 10
districts under article IV, section 3, of the constitution, or in redistricting 11
congressional districts, establishes a district boundary within a municipality that 12
does not coincide with the boundary of a ward established under the ordinance or 13
resolution of the municipality, the municipal governing body shall, no later than 14
April 10 of the 2nd year following the year of the federal decennial census on which 15
the act is based, amend the ordinance or resolution to the extent required to effect 16
the act. The amended ordinance or resolution shall designate the polling place for 17
any ward that is created to effect the legislative act. Nothing in this paragraph shall 18
be construed to compel a county or city to alter or redraw supervisory or aldermanic 19
13.49 of the statutes is created to read:
2113.49 Redistricting advisory commission. (1) Definitions.
In this section:
(a) "Chief election officer" means the chief election officer of the government 23
(b) "Four selecting authorities" means all of the following:
1. The majority leader of the senate.
2. The minority leader of the senate.
3. The speaker of the assembly.
4. The minority leader of the assembly.
(c) "Partisan public office" means any of the following:
1. The office of governor, lieutenant governor, secretary of state, state treasurer, 6
attorney general, state senator, or state representative to the assembly.
2. A county office which is filled by an election process involving nomination 8
and election of candidates on a partisan basis.
(d) "Political party office" means an elective office in a political party, as defined 10
in s. 5.02 (13), or in a national political party.
(e) "Relative" means an individual who is related to the person in question as 12
father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, 13
husband, wife, grandfather, grandmother, father-in-law, mother-in-law, 14
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, 15
stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half 16
17(2) General provisions.
(a) Not later than February 15 of the first year 18
following the decennial federal census, a temporary redistricting advisory 19
commission is created consisting of 5 members. Each of the 4 selecting authorities 20
shall certify to the chief election officer the selecting authority's appointment of a 21
person to serve on the commission. Within 30 days after the last selecting authority 22
has certified his or her appointment, but not later than February 15 of the first year 23
following the decennial federal census, the 4 commission members so appointed shall 24
select, by a vote of at least 3 members, and certify to the chief election officer the 5th 25
commission member, who shall serve as chairperson.
(b) No individual may be appointed to the redistricting advisory commission 2
who satisfies any of the following:
1. The individual is not an eligible elector of this state at the time of the 4
2. The individual holds partisan public office or political party office.
3. The individual is a relative of or is employed by a member of the legislature 7
or of Congress, or is employed directly by the legislature or Congress.
(c) Members of the redistricting advisory commission appointed by a selecting 9
authority shall be reimbursed from the appropriation account under s. 20.765 (1) (a) 10
or (b), depending upon the house in which that member's appointing authority holds 11
office, for actual and necessary expenses incurred in performance of duties as a 12
commission member. The member who is not appointed by a selecting authority 13
shall be reimbursed from the appropriation under s. 20.765 (1) (a) for actual and 14
necessary expenses incurred in performance of duties as a commission member.
(d) A vacancy on the redistricting advisory commission shall be filled as 16
provided in s. 17.20 (1) within 15 days after the vacancy occurs.
(e) Each redistricting advisory commission terminates upon complying with 18
. The redistricting advisory commission shall do all of the following:
(a) If requested to do so by the legislative reference bureau, provide direction 21
to the legislative reference bureau concerning any decision the legislative reference 22
bureau must make in preparing a redistricting plan under subch. I of ch. 4 for which 23
no clearly applicable guideline is provided under s. 4.007.
(b) Upon delivery by the legislative reference bureau of a bill embodying a 2
redistricting plan as required under s. 4.006, make available to the public at the 3
earliest feasible time all of the following information:
1. Copies of the bill.
2. Maps illustrating the plan.
3. A summary of the standards prescribed under s. 4.007 for development of the 7
4. A statement of the population of each district included in the plan, and the 9
relative deviation of each district population from the ideal district population.
(c) Upon delivery by the legislative reference bureau of an initial bill embodying 11
a redistricting plan as required under s. 4.006 (1), do all of the following:
1. As expeditiously as reasonably possible, schedule and conduct at least 3 13
public hearings, in different geographic regions of the state, on the plan embodied 14
in the bill. No more than one public hearing may be held in the city of Madison and 15
at least one public hearing shall be held in the northern half of the state.
2. Following the hearings held under subd. 1., promptly prepare and submit 17
to the legislature in the manner provided under s. 13.172 (2) a report summarizing 18
information and testimony received by the commission in the course of the hearings. 19
The report may include any comments and conclusions which the commission's 20
members deem appropriate concerning the information and testimony received at 21
the hearings or otherwise presented to the commission. The report shall be treated 22
in the same manner as a report submitted under s. 13.172 (2).
The redistricting advisory commission may establish 24
policies limiting the information that the legislative reference bureau may provide 25
to persons outside of the bureau staff concerning any redistricting plan prepared
under subch. I of ch. 4, except that any such policy does not apply to a redistricting 2
plan after a bill embodying that plan is delivered by the legislative reference bureau 3
as required under s. 4.006 or to population data furnished to the legislative reference 4
bureau by the U.S. bureau of the census.
(1) This act first applies to redistricting plans based on the 2020 decennial 7