AB409: Bill Text

LRB-2380/2

JTK:skg:jlb

1995 - 1996 LEGISLATURE

1995 Assembly BILL 409

May 30, 1995 - Introduced by Representatives Handrick, Wasserman, Hoven and Goetsch. Referred to Committee on Elections and Constitutional Law.

AB409,1,5 An Act to amend 5.01 (3) (a), 5.62 (5), 5.64 (1) (a) and (g), 5.91 (7), 7.51 (4) (a), 7.60 (4) (a) and (c), 7.70 (3) (d), 7.70 (3) (f), 8.50 (3) (b) and 10.02 (3) (b) 1., 2. and 2m.; and to create 5.45, 5.53 (3) and 7.50 (2) (k) of the statutes; relating to: authorization for electors to cast a vote for "none of the names shown" for certain offices on a ballot at an election.

Analysis by the Legislative Reference Bureau

This bill permits voters at all primaries and other elections for certain national or state offices to cast their votes for "none of the names shown" in lieu of voting for a candidate. Affected offices are the offices of U.S. senator, U.S. representative in congress, governor, lieutenant governor, attorney general, secretary of state, state treasurer, state senator and representative to the assembly. The option is to appear on the ballot together with the choices that appear under current law. Votes for "none of the names shown" are to be tallied and reported, but they have no legal effect upon the outcome of a primary or other election.

Currently, a vote for "none of the names shown" is not authorized on any ballot except that voters at the presidential preference primary may vote for an uninstructed delegation from this state to the presidential nominating convention of their party.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB409, s. 1 Section 1. 5.01 (3) (a) of the statutes is amended to read:

AB409,2,6 5.01 (3) (a) Except as provided in par. (b), in every election to choose any officer, each elector has one vote for each office unless clearly indicated otherwise. The person receiving the greatest number of legal votes for the office shall be declared elected, and the canvassers shall so determine and certify. Votes cast for "none of the names shown" on a ballot for any office shall not be counted for purposes of determining the result of an election.

AB409, s. 2 Section 2. 5.45 of the statutes is created to read:

AB409,2,11 5.45 Voting for none of names shown. (1) In every primary or other election for one of the following state or national offices, the ballot shall be prepared in such a manner as to permit and elector to vote for "none of the names shown" in lieu of any other choice:

AB409,2,12 (a) U.S. senator.

AB409,2,13 (b) U.S. representative in congress.

AB409,2,14 (c) Governor.

AB409,2,15 (d) Lieutenant governor.

AB409,2,16 (e) Attorney general.

AB409,2,17 (f) Secretary of state.

AB409,2,18 (g) State treasurer.

AB409,2,19 (h) State senator.

AB409,2,20 (i) Representative to the assembly.

AB409,2,23 (2) An elector who casts a vote for "none of the names shown" for any office may not cast a vote for any other candidate or write in the name of any candidate for the same office.

AB409, s. 3 Section 3. 5.53 (3) of the statutes is created to read:

AB409,3,3 5.53 (3) On every voting machine ballot at an election for an office specified in s. 5.45 (1), a space shall be provided under each office for electors to vote for "none of the names shown".

AB409, s. 4 Section 4. 5.62 (5) of the statutes is amended to read:

AB409,3,12 5.62 (5) At the September primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, but no space shall be provided to write in the names of independent candidates. Electors who vote for "none of the names shown" for an office specified in s. 5.45 (1) may do so only on the ballot of one party or on the ballot containing the names of independent candidates for state office.

AB409, s. 5 Section 5. 5.64 (1) (a) and (g) of the statutes are amended to read:

AB409,4,2 5.64 (1) (a) The ballot shall be labeled "Official Ballot" in lettering at least three-eighths inch high. Directly underneath in plain, legible type, shall be the following voting instructions: "If you desire to vote a straight party ticket for all statewide, congressional, legislative and county offices, make a cross (8) in the circle under the party designation at the top of the party column. If you desire to vote for individual candidates or for none of the candidates for an office where that choice appears on the ballot, make a cross (8) in the square at the RIGHT of the name of each candidate for whom you desire to vote, or in the square at the RIGHT of "none of the names shown". To vote for a person whose name does not appear on the ballot, write the name in the blank space provided for the purpose. When voting for governor and lieutenant governor, you may vote only for the candidates on one ticket jointly or write in the names of persons in both spaces.". Under the party designation at the top of each party column shall appear the following words in boldface type: "Make a cross (8) in this circle to vote a straight party ticket.".

AB409,4,6 (g) Following under the independent candidates for each office, a space shall be provided for the elector to write in the name of a candidate of his or her choice for that office or to vote for "none of the names shown" for an office specified in s. 5.45 (1).

AB409, s. 6 Section 6. 5.91 (7) of the statutes is amended to read:

AB409,4,15 5.91 (7) It permits an elector to vote at an election for all persons and offices for whom and for which the elector is lawfully entitled to vote; to vote for as many persons for an office as the elector is entitled to vote for; to vote for "none of the names shown" on the ballot for an office specified in s. 5.45 (1); to vote for or against any question upon which the elector is entitled to vote; and it rejects all choices recorded on a ballot for an office or a measure if the number of choices exceeds the number which an elector is entitled to vote for on such office or on such measure, except where an elector casts excess write-in votes upon a ballot that is distributed to the elector.

AB409, s. 7 Section 7. 7.50 (2) (k) of the statutes is created to read:

AB409,4,20 7.50 (2) (k) If an elector votes for a candidate for whom he or she is entitled to vote and also votes for "none of the names shown" for the same office, the votes for the candidate shall be counted and the vote for "none of the names shown" shall not be counted.

AB409, s. 8 Section 8. 7.51 (4) (a) of the statutes is amended to read:

AB409,5,10 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, the number of votes cast for "none of the names shown" for each office specified in s. 5.45 (1) and shall state the vote for and against each proposition voted on. Upon completion of the tally sheets, the inspectors shall immediately complete inspectors' statements in duplicate. The inspectors shall state the excess by which the number of ballots exceeds the number of electors voting as shown by the poll or registration list, if any, and shall state the number of the last elector as shown by the registration or poll lists. At least 3 inspectors, including the chief inspector and at least one inspector representing each political party, shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statements.

AB409, s. 9 Section 9. 7.60 (4) (a) and (c) of the statutes are amended to read:

AB409,6,3 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; municipal judges, if they are elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the commissioners are elected under s. 66.23 (11) (am). For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; the number of votes cast for "none of the names shown" for each office specified in s. 5.45 (1); and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of the statement to report to the elections board or technical college district board and shall file the other statement in the office of the county clerk or board of election commissioners.

AB409,6,17 (c) In preparing the statements and determinations, the board of canvassers shall carefully review the tally sheets and inspectors' statement. The board of canvassers may omit the names of individuals whose names do not appear on the ballot and who receive a comparatively small number of votes. The board of canvassers shall designate votes received by such individuals as scattering votes. The board of canvassers shall append to each statement and determination a tabulation of the votes cast at each election district, ward or combination of wards authorized under s. 5.15 (6) (b) in the county for each office and each individual, and the number of votes cast for "none of the names shown" for each office specified in s. 5.45 (1), whether the votes are canvassed or not, as well as the total canvassed votes cast for each individual and each office, except where scattering votes are designated, and the total canvassed votes cast for "none of the names shown" for each office specified in s. 5.45 (1). If any votes are rejected, the board of canvassers shall specify the reasons therefor.

AB409, s. 10 Section 10. 7.70 (3) (d) of the statutes is amended to read:

AB409,7,6 7.70 (3) (d) When the certified statements and returns are received, the board of state canvassers shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); a statement of the number of votes cast for "none of the names shown" for each office specified in s. 5.45 (1); and a statement for any referenda questions submitted by the legislature.

AB409, s. 11 Section 11. 7.70 (3) (f) of the statutes is amended to read:

AB409,7,14 7.70 (3) (f) The statements shall show the persons' names receiving votes, and any referenda questions; the whole number of votes given to cast for each person; the number of votes cast for "none of the names shown" for each office specified in s. 5.45 (1); the number of votes cast for and against each proposition; and an individual listing by the districts or counties in which they the votes were given cast. The names of persons not regularly nominated who received only a comparatively small number of votes may be omitted and their votes designated as scattering votes.

AB409, s. 12 Section 12. 8.50 (3) (b) of the statutes is amended to read:

AB409,8,5 8.50 (3) (b) Except as otherwise provided in this section, the provisions for September primaries under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office at a special partisan election shall not appear on the primary ballot. No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held and if the special election is for an office specified in s. 5.45 (1), a space for electors to vote for "none of the names shown".

AB409, s. 13 Section 13. 10.02 (3) (b) 1., 2. and 2m. of the statutes are amended to read:

AB409,8,18 10.02 (3) (b) 1. If an elector wishes to vote for all candidates nominated by any party, the elector shall make a cross (8) in the circle or depress the lever or button under the party designation printed at the top of the ballot. Unless a name has been erased or crossed out, another name written in, a cross made to the right of a candidate for the same office in another column or a sticker applied, a cross in the circle at the top of the column is a vote for all the party's candidates listed in the column. If an elector does not wish to vote for all the candidates nominated by one party, the elector shall make a cross (8) in the square at the right of or separately depress the levers or buttons next to each candidate's name for whom he or she intends to vote, or next to the indication "none of the names shown" for an office where that choice appears on the ballot, or the elector shall insert or write in the name of a candidate.

AB409,8,24 2. At a special partisan primary, the elector shall select the party ballot of his or her choice and shall make a cross (8) in the square at the right of or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote, or next to the indication "none of the names shown" for an office where that choice appears on the ballot, or the elector shall insert or write in the name of the elector's choice for a candidate.