2023 - 2024 LEGISLATURE
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2023 SENATE BILL 528
October 16, 2023 - Introduced by Senators JAMES, SMITH, COWLES and SPREITZER,
cosponsored by Representatives TUSLER, RIEMER, KURTZ, ANDRACA, DONOVAN,
DOYLE, DRAKE, JOERS, S. JOHNSON, KITCHENS, MURSAU, NOVAK, SHANKLAND,
STEFFEN, SUBECK, ZIMMERMAN and J. ANDERSON. Referred to Committee on
Shared Revenue, Elections and Consumer Protection.
1 AN ACT to renumber and amend 7.60 (4) (c) and 8.16 (1); to amend 5.01 (3) (a),
2 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
3 (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)
4 (a), 8.50 (3) (b), 8.50 (3) (c) and 10.02 (3) (b) 2.; and to create 5.20, 5.62 (3m),
5 6.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62 and 8.16 (1) (b) of the statutes;
6 relating to: top-five primaries and instant runoff voting for the offices of U.S.
7 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 528
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
The bill requires instant runoff voting at the general election for U.S. senator
and representative in Congress. Under instant runoff voting, voters use a
ranked-choice 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 a write-in candidate for any office.
Under the bill an instant runoff is used to determine the candidate elected. All
votes are tallied and the candidate with fewest first-choice preferences is
eliminated. A voter who has chosen that candidate has his or her single vote
transferred to the voter's second-choice preference. The votes are tallied again and
this process continues until there are two remaining candidates. At that point, the
candidate with a majority of the combined first-choice and reallocated preferences
wins.
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:
1 SECTION 1. 5.01 (3) (a) of the statutes is amended to read:
2 5.01 (3) (a) Except as provided in par. (b) and s. 5.20, in every election to choose
3 any officer, each elector has one vote for each office unless clearly indicated
4 otherwise. The person receiving the greatest number of legal votes for the office shall
5 be declared elected, and the canvassers shall so determine and certify.
6 SECTION 2. 5.20 of the statutes is created to read:
7 5.20 Instant runoff voting. (1) In this section, “instant runoff voting" means
8 a voting method in which the electors voting at the general election for U.S. senator
9 or representative in Congress use a ranked-choice ballot that permits them to
10 indicate and order their preferences for all candidates whose names appear on the
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SENATE BILL 528 SECTION 2
1 ballot for the office of U.S. senator or representative in Congress as provided under
2 sub. (3).
3 (2) For any election using instant runoff voting, an elector may indicate his or
4 her preferences for up to 5 candidates for the office of U.S. senator or representative
5 in Congress using a ranked-choice ballot under sub. (3). An elector may indicate a
6 preference for a write-in candidate on a ranked-choice ballot. An elector is not
7 required to indicate a preference for more than one candidate.
8 (3) All of the following apply to a ranked-choice ballot:
9 (a) The ballot shall allow electors to rank candidates for the office of U.S.
10 senator or representative in Congress in order of preference, including a write-in
11 candidate for each race.
12 (b) The ballot shall allow electors to rank up to 5 candidates for the office of U.S.
13 senator or representative in Congress.
14 (c) The ballot shall not interfere with an elector's ability to rank a write-in
15 candidate for the office of U.S. senator or representative in Congress, but a vote for
16 a write-in candidate for either office may only be counted as provided under s. 7.50
17 (2) (em).
18 SECTION 3. 5.35 (6) (b) of the statutes is amended to read:
19 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
20 s. 5.655 is used or an electronic voting system is utilized at a partisan primary
21 election incorporating a ballot upon which electors may mark votes for candidates
22 of more than one recognized political party, the municipal clerk or board of election
23 commissioners shall prominently post a sign in the form prescribed by the
24 commission warning electors in substance that on any ballot with votes cast for
25 candidates of more than one recognized political party, other than candidates for the
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1 offices of U.S. senator and U.S. representative in Congress, no votes cast for any
2 candidates for partisan office will be counted unless a preference for a party is made.
3 If the elector designates a preference, only votes cast for candidates of that
4 preference will be counted.
5 SECTION 4. 5.62 (1) (a) of the statutes is amended to read:
6 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
7 the nomination of candidates of recognized political parties for national, state and
8 county offices, and independent candidates for state office in each ward, in the same
9 form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
10 s. 5.655. The ballots shall be made up of the several party tickets with each party
11 entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
12 except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
13 The party ballot of the party receiving the most votes for president or governor at the
14 last general election shall be on top with the other parties arranged in descending
15 order based on their vote for president or governor at the last general election. The
16 ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
17 under par. (b), in the same order in which the parties filed petitions with the
18 commission. Any ballot required under par. (b) 2. shall be placed next in order. At
19 polling places where voting machines are used, each party shall be represented in
20 one or more separate columns or rows on the ballot. At polling places where an
21 electronic voting system is used other than an electronic voting machine, each party
22 may be represented in separate columns or rows on the ballot.
23 SECTION 5. 5.62 (1) (b) 2. of the statutes is amended to read:
24 5.62 (1) (b) 2. Subdivision 1. applies to a party within any assembly district or
25 county at any partisan primary election only if at least one candidate of the party for
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1 any national, state or county office qualifies to have his or her name appear on the
2 ballot under the name of that party within that assembly district or county. The
3 county clerk or county board of election commissioners shall provide a combined
4 separate ballot or one or more separate columns or rows on the ballot that will permit
5 an elector to cast a vote for a write-in candidate for the nomination of any such party
6 for each national, state and county office whenever that party qualifies to be
7 represented on a separate primary ballot or in one or more separate columns or rows
8 under subd. 1. but does not qualify under this subdivision. The ballot shall include
9 the name of each party qualifying for a separate ballot or one or more separate
10 columns or rows on the ballot under each office, with the names of the candidates for
11 each such party appearing in the same order in which the ballots of the parties would
12 appear under par. (a).
13 SECTION 6. 5.62 (2) (b) of the statutes is amended to read:
14 5.62 (2) (b) Paragraph (a) applies to a party within any assembly district or
15 county at any partisan primary election only if at least one candidate of the party for
16 any national, state or county office qualifies to have his or her name appear on the
17 ballot under the name of that party within that assembly district or county. The
18 county clerk or county board of election commissioners shall provide a combined
19 separate ballot or one or more separate columns or rows on the ballot that will permit
20 an elector to cast a vote for a write-in candidate for the nomination of any such party
21 for each national, state and county office whenever that party qualifies to be
22 represented on a separate primary ballot or in one or more separate columns or rows
23 under par. (a) but does not qualify under this paragraph. The ballot shall include the
24 name of each party qualifying for a separate ballot or one or more separate columns
25 or rows on the ballot under each office, with the names of the candidates for each such
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1 party appearing in the same order in which the ballots of the parties would appear
2 under sub. (1) (a).
3 SECTION 7. 5.62 (3) of the statutes is amended to read:
4 5.62 (3) The commission shall designate the official primary ballot
5 arrangement for statewide offices and district attorney within each prosecutorial
6 district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and
7 on each separate column or row on the ballot, the candidates for office shall be listed
8 together with the offices which they seek in the following order whenever these
9 offices appear on the partisan primary ballot: governor, lieutenant governor,
10 attorney general, secretary of state, state treasurer, U.S. senator, U.S.
11 representative in congress, state senator, representative to the assembly, district
12 attorney and the county offices.
13 SECTION 8. 5.62 (3m) of the statutes is created to read:
14 5.62 (3m) (a) At the partisan primary, a ballot that includes all of the following
15 shall be provided for the nomination of candidates for U.S. senator and U.S.
16 representative in Congress, in the same form as prescribed under s. 7.08 (1) (a),
17 except as authorized in s. 5.655:
18 1. The names of all candidates for U.S. senator and U.S. representative in
19 Congress.
20 2. Below the name of each candidate under subd. 1., the candidate's political
21 party or the candidate's political party preference or statement of principles, if any,
22 in 5 words or less, as shown on the candidate's nomination papers.
23 3. A statement in substantially the following form, prominently placed: “You
24 may vote for only one candidate for U.S. senator and one candidate for U.S.
25 representative in Congress. You may vote for any candidate for U.S. senator and any
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1 candidate for U.S. representative in Congress regardless of the candidate's
2 designated political party affiliation and regardless of your designation of a political
3 party or vote for a candidate of a political party in a race in the partisan primary.
4 A candidate's designation of a political party affiliation on this ballot does not
5 constitute or imply the nomination, endorsement, or selection of the candidate by
6 that political party.”
7 (b) The order of candidates on the ballot under par. (a) 1. shall be determined
8 by lot or as otherwise prescribed under s. 7.08 (1) (a).
9 (c) The ballot under par. (a) 1. may not include any space for a write-in vote,
10 and any attempt to write-in the name of a person not on the ballot in a voted ballot
11 under this subsection may not be counted.
12 SECTION 9. 5.81 (4) of the statutes is amended to read:
13 5.81 (4) In partisan primary elections, except with respect to the offices of U.S.
14 senator and U.S. representative in Congress, if a ballot contains the names of
15 candidates of more than one party, it shall provide a space for electors to designate
16 a party preference. Failure to designate a preference does not invalidate any votes
17 cast by an elector, except as provided in s. 7.50 (1) (d).
18 SECTION 10. 5.84 (1) of the statutes is amended to read:
19 5.84 (1) Where any municipality employs an electronic voting system which
20 utilizes automatic tabulating equipment, either at the polling place or at a central
21 counting location, the municipal clerk shall, on any day not more than 10 days prior
22 to the election day on which the equipment is to be utilized, have the equipment
23 tested to ascertain that it will correctly count the votes cast for all offices and on all
24 measures. Public notice of the time and place of the test shall be given by the clerk
25 at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
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1 one or more newspapers published within the municipality if a newspaper is
2 published therein, otherwise in a newspaper of general circulation therein. The test
3 shall be open to the public. The test shall be conducted by processing a preaudited
4 group of ballots so marked as to record a predetermined number of valid votes for
5 each candidate and on each referendum. The test shall include for each office one
6 or more ballots which have votes in excess of the number allowed by law and, for a
7 partisan primary election, except with respect to the offices of U.S. senator and U.S.
8 representative in Congress, one or more ballots which have votes cast for candidates
9 of more than one recognized political party, in order to test the ability of the
10 automatic tabulating equipment to reject such votes. If any error is detected, the
11 municipal clerk shall ascertain the cause and correct the error. The clerk shall make
12 an errorless count before the automatic tabulating equipment is approved by the
13 clerk for use in the election.
14 SECTION 11. 5.91 (1) of the statutes is amended to read:
15 5.91 (1) It enables an elector to vote in secrecy and, except with respect to the
16 offices of U.S. senator and U.S. representative in Congress, to select the party for
17 which an elector will vote in secrecy at a partisan primary election.
18 SECTION 12. 5.91 (6) of the statutes is amended to read:
19 5.91 (6) The Except with respect to the offices of U.S. senator and U.S.
20 representative in Congress, the voting device or machine permits an elector in a
21 primary election to vote for the candidates of the recognized political party of his or
22 her choice, and the automatic tabulating equipment or machine rejects any ballot on
23 which votes are cast in the primary of more than one recogni