Bill Summary – FastDemocracy

- 2022 LEGISLATURE
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                      2021 SENATE BILL 250
    March 25, 2021 - Introduced by Senators KOOYENGA and SMITH, cosponsored by
        Representatives KURTZ, RIEMER, NOVAK, KITCHENS, DRAKE, TUSLER,
        SKOWRONSKI, B. MEYERS, CONSIDINE, SUBECK, ANDERSON, HEBL, VRUWINK,
        MOSES, ANDRACA, MCGUIRE, DALLMAN, SHANKLAND and EMERSON. Referred to
        Committee on Elections, Election Process Reform and Ethics.
 AN ACT to renumber and amend 7.60 (4) (c) and 8.16 (1); to amend 5.01 (3) (a),
      5.01 (4) (a), 5.35 (6) (b), 5.62 (1) (a), 5.62 (1) (b) 2., 5.62 (2) (b), 5.62 (3), 5.81 (4),
      5.84 (1), 5.91 (1), 5.91 (6), 6.80 (2) (am), 7.10 (2), 7.50 (1) (b), 7.50 (1) (c), 7.50 (1)
      (d), 7.60 (4) (a), 8.50 (3) (b), 8.50 (3) (c) and 10.02 (3) (b) 2.; and to create 5.20,
      5.62 (3m), 6.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62 and 8.16 (1) (b) of the
      statutes; relating to: top-five primaries and instant runoff voting for the
      offices of U.S. senator and U.S. representative in Congress.
                      Analysis by the Legislative Reference Bureau
                     TOP-FIVE PRIMARIES FOR CERTAIN NATIONAL OFFICES
          Under current law, electors voting in a partisan primary may select the party
    whose candidates they wish to vote for and may cast votes for candidates only within
    that political party. The single candidate who receives the greatest number of votes
    for each office within each party is nominated to appear on the general election ballot.
    Independent candidates and candidates of minor parties that do not qualify for a
    separate party ballot, column, or row do not appear on the partisan primary ballot.
          This bill provides that electors may vote in the primary for U.S. senator and
    representative in Congress for any candidate regardless of party affiliation, and the
    five persons who receive the greatest numbers of votes for each such office are
    nominated to appear on the general election ballot. Under the bill, independent
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    SENATE BILL 250
    candidates for such offices and candidates of minor parties appear on the top-five
    primary ballot, and electors may vote for these candidates in the same manner as
    other candidates.
      INSTANT RUNOFF VOTING FOR CERTAIN NATIONAL OFFICES IN GENERAL ELECTIONS
          This bill requires instant runoff voting at the general election for U.S. senator
    and representative in Congress. Under instant runoff voting, voters uses a
    ranked-choice voting ballot and have the option to cast their vote for each office in
    order of preference. If a voter ranks more than one candidate for an office, 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 indicate as one of their preferences one or more write-in candidates
    for any office.
          If any candidate receives a majority of the first-choice preferences cast, that
    candidate is elected. If no candidate receives a majority of the first-choice
    preferences for an office or seat, the name of the candidate receiving the least number
    of first-choice preferences is dropped, and the second-choice preferences of the
    voters who preferred that candidate, if any, are then added to the first-choice
    preferences received by the other candidates. If any candidate for the office or seat
    then has a majority of the combined first-choice and reallocated preferences, that
    candidate is elected. If not, the procedure is repeated until one candidate receives
    a majority of the combined first-choice and reallocated preferences.
         For further information see the state and 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:
      SECTION 1. 5.01 (3) (a) of the statutes is amended to read:
      5.01 (3) (a) Except as provided in par. (b), and s. 5.20, 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.
      SECTION 2. 5.01 (4) (a) of the statutes is amended to read:
      5.01 (4) (a) If Except as provided under s. 7.62 (6), if 2 or more candidates for
 the same office receive the greatest, but an equal number of votes, the winner shall
 be chosen by lot in the presence of the board of canvassers charged with the
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     SENATE BILL 250                                                           SECTION 2
 responsibility to determine the election, or in the case of an election for state or
 national office or metropolitan sewerage commissioner, if the commissioner is
 elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections
 commission or the chairperson's designee.
      SECTION 3. 5.20 of the statutes is created to read:
      5.20 Instant runoff voting. (1) In this section, “instant runoff voting" means
 a voting method in which the electors voting at the general election for U.S. senator
 or representative in Congress use a ranked-choice voting ballot that permits them
 to indicate and order their preferences for all candidates whose names appear on the
 ballot for the same office as provided under sub. (3).
      (2) Using a ranked-choice voting ballot, an elector may indicate his or her
 preferences for each office, for up to 5 candidates. An elector may indicate a
 preference for a write-in candidate. An elector is not required to rank more than one
 candidate and may rank up to 5 candidates.
      (3) (a) For any election using instant runoff voting, the ballot shall allow
 electors to rank candidates in order of preference, including write-in candidates.
      (b) The ballot shall allow electors to rank up to 5 candidates.
      (c) The ballot shall not interfere with an elector's ability to rank a write-in
 candidate, but a vote for a write-in candidate may only be counted as provided under
 s. 7.50 (2) (em).
      SECTION 4. 5.35 (6) (b) of the statutes is amended to read:
      5.35 (6) (b) At each polling place in the state where a consolidated ballot under
 s. 5.655 is used or an electronic voting system is utilized at a partisan primary
 election incorporating a ballot upon which electors may mark votes for candidates
 of more than one recognized political party, the municipal clerk or board of election
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     SENATE BILL 250                                                              SECTION 4
 commissioners shall prominently post a sign in the form prescribed by the
 commission warning electors in substance that on any ballot with votes cast for
 candidates of more than one recognized political party, other than candidates for the
 offices of U.S. senator and U.S. representative in Congress, no votes cast for any
 candidates for partisan office will be counted unless a preference for a party is made.
 If the elector designates a preference, only votes cast for candidates of that
 preference will be counted.
      SECTION 5. 5.62 (1) (a) of the statutes is amended to read:
      5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
 the nomination of candidates of recognized political parties for national, state and
 county offices and independent candidates for state office in each ward, in the same
 form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
 s. 5.655. The ballots shall be made up of the several party tickets with each party
 entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
 except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
 The party ballot of the party receiving the most votes for president or governor at the
 last general election shall be on top with the other parties arranged in descending
 order based on their vote for president or governor at the last general election. The
 ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
 under par. (b), in the same order in which the parties filed petitions with the
 commission. Any ballot required under par. (b) 2. shall be placed next in order. At
 polling places where voting machines are used, each party shall be represented in
 one or more separate columns or rows on the ballot. At polling places where an
 electronic voting system is used other than an electronic voting machine, each party
 may be represented in separate columns or rows on the ballot.
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     SENATE BILL 250                                                            SECTION 6
      SECTION 6. 5.62 (1) (b) 2. of the statutes is amended to read:
      5.62 (1) (b) 2. Subdivision 1. applies to a party within any assembly district or
 county at any partisan primary election only if at least one candidate of the party for
 any national, state or county office qualifies to have his or her name appear on the
 ballot under the name of that party within that assembly district or county. The
 county clerk or county board of election commissioners shall provide a combined
 separate ballot or one or more separate columns or rows on the ballot that will permit
 an elector to cast a vote for a write-in candidate for the nomination of any such party
 for each national, state and county office whenever that party qualifies to be
 represented on a separate primary ballot or in one or more separate columns or rows
 under subd. 1. but does not qualify under this subdivision. The ballot shall include
 the name of each party qualifying for a separate ballot or one or more separate
 columns or rows on the ballot under each office, with the names of the candidates for
 each such party appearing in the same order in which the ballots of the parties would
 appear under par. (a).
      SECTION 7. 5.62 (2) (b) of the statutes is amended to read:
      5.62 (2) (b) Paragraph (a) applies to a party within any assembly district or
 county at any partisan primary election only if at least one candidate of the party for
 any national, state or county office qualifies to have his or her name appear on the
 ballot under the name of that party within that assembly district or county. The
 county clerk or county board of election commissioners shall provide a combined
 separate ballot or one or more separate columns or rows on the ballot that will permit
 an elector to cast a vote for a write-in candidate for the nomination of any such party
 for each national, state and county office whenever that party qualifies to be
 represented on a separate primary ballot or in one or more separate columns or rows
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     SENATE BILL 250                                                             SECTION 7
 under par. (a) but does not qualify under this paragraph. The ballot shall include the
 name of each party qualifying for a separate ballot or one or more separate columns
 or rows on the ballot under each office, with the names of the candidates for each such
 party appearing in the same order in which the ballots of the parties would appear
 under sub. (1) (a).
      SECTION 8. 5.62 (3) of the statutes is amended to read:
      5.62 (3)     The commission shall designate the official primary ballot
 arrangement for statewide offices and district attorney within each prosecutorial
 district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and
 on each separate column or row on the ballot, the candidates for office shall be listed
 together with the offices which they seek in the following order whenever these
 offices appear on the partisan primary ballot:        governor, lieutenant governor,
 attorney general, secretary of state, state treasurer, U.S. senator, U.S.
 representative in congress, state senator, representative to the assembly, district
 attorney and the county offices.
      SECTION 9. 5.62 (3m) of the statutes is created to read:
      5.62 (3m) At the partisan primary, the following ballot shall be provided for the
 nomination of candidates for U.S. senator and U.S. representative in Congress, in
 the same form as prescribed by the commission under s. 7.08 (1) (a), except as
 authorized in s. 5.655. The names of all candidates shall appear on the ballot. Below
 the name of each candidate shall appear the candidate's political party or the
 candidate's political party preference or statement of principles, if any, in 5 words or
 less, as shown on the candidate's nomination papers. The order of candidates on the
 ballot shall be determined by lot by or under the supervision of the commission.
      SECTION 10. 5.81 (4) of the statutes is amended to read:
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     SENATE BILL 250                                                             SECTION 10
      5.81 (4) In partisan primary elections, except with respect to the offices of U.S.
 senator and U.S. representative in Congress, if a ballot contains the names of
 candidates of more than one party, it shall provide a space for electors to designate
 a party preference. Failure to designate a preference does not invalidate any votes
 cast by an elector, except as provided in s. 7.50 (1) (d).
      SECTION 11. 5.84 (1) of the statutes is amended to read:
      5.84 (1) Where any municipality employs an electronic voting system which
 utilizes automatic tabulating equipment, either at the polling place or at a central
 counting location, the municipal clerk shall, on any day not more than 10 days prior
 to the election day on which the equipment is to be utilized, have the equipment
 tested to ascertain that it will correctly count the votes cast for all offices and on all
 measures. Public notice of the time and place of the test shall be given by the clerk
 at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
 one or more newspapers published within the municipality if a newspaper is
 published therein, otherwise in a newspaper of general circulation therein. The test
 shall be open to the public. The test shall be conducted by processing a preaudited
 group of ballots so marked as to record a predetermined number of valid votes for
 each candidate and on each referendum. The test shall include for each office one
 or more ballots which have votes in excess of the number allowed by law and, for a
 partisan primary election, except with respect to the offices of U.S. senator and U.S.
 representative in Congress, one or more ballots which have votes cast for candidates
 of more than one recognized political party, in order to test the ability of the
 automatic tabulating equipment to reject such votes. If any error is detected, the
 municipal clerk shall ascertain the cause and correct the error. The clerk shall make
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     SENATE BILL 250                                                           SECTION 11
 an errorless count before the automatic tabulating equipment is approved by the
 clerk for use in the election.
      SECTION 12. 5.91 (1) of the statutes is amended to read:
      5.91 (1) It enables an elector to vote in secrecy and, except with respect to the
 offices of U.S. senator and U.S. representative in Congress, to select the party for
 which an elector will vote in secrecy at a partisan primary election.
      SECTION 13. 5.91 (6) of the statutes is amended to read:
      5.91 (6) The Except with respect to the offices of U.S. senator and U.S.
 representative in Congress, the voting device or machine permits an elector in a
 primary election to vote for the candidates of the recognized political party of his or
 her choice, and the automatic tabulating equipment or machine rejects any ballot on
 which votes are cast in the primary of more than one recognized political party,
 except where a party designation is made or where an elector casts write-in votes
 for candidates of more than one party on a ballot that is distributed to the elector.
      SECTION 14. 6.80 (2) (am) of the statutes is amended to read:
      6.80 (2) (am) In partisan primaries, except with respect to the offices of U.S.
 senator and U.S. representative in Congress, an elector may vote for a person as the
 candidate of the party of the elector's choice, if that person's name does not appear
 on