Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB563 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 563
5	5	October 26, 2023 - Introduced by Representatives TUSLER, KURTZ, RIEMER,
6	6	ANDRACA, DRAKE, JOERS, S. JOHNSON, KITCHENS, MURSAU, NOVAK, DONOVAN,
7	7	DOYLE, SHANKLAND, STEFFEN, SUBECK, ZIMMERMAN, J. ANDERSON and CLANCY,
8	8	cosponsored by Senators JAMES, SMITH, COWLES and SPREITZER. Referred to
9	9	Committee on Campaigns and Elections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 7.60 (4) (c) and 8.16 (1); to amend 5.01 (3) (a),
12	12	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
13	13	(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)
14	14	(a), 8.50 (3) (b), 8.50 (3) (c) and 10.02 (3) (b) 2.; and to create 5.20, 5.62 (3m),
15	15	6.80 (2) (g), 7.60 (4) (c) 3., 7.60 (4) (c) 4., 7.62 and 8.16 (1) (b) of the statutes;
16	16	relating to: top-five primaries and instant runoff voting for the offices of U.S.
17	17	senator and U.S. representative in Congress.
18	18	Analysis by the Legislative Reference Bureau
19	19	TOP-FIVE PRIMARIES FOR CERTAIN NATIONAL OFFICES
20	20	Under current law, electors voting in a partisan primary may select the party
21	21	whose candidates they wish to vote for and may cast votes for candidates only within
22	22	that political party. The single candidate who receives the greatest number of votes
23	23	for each office within each party is nominated to appear on the general election ballot.
24	24	Independent candidates and candidates of minor parties that do not qualify for a
25	25	separate party ballot, column, or row do not appear on the partisan primary ballot.
26	26	This bill provides that electors may vote in the primary for U.S. senator and
27	27	representative in Congress for any candidate regardless of party affiliation, and the
28	28	five persons who receive the greatest numbers of votes for each such office are
29	29	nominated to appear on the general election ballot. Under the bill, independent
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38	38	ASSEMBLY BILL 563
39	39	candidates for such offices and candidates of minor parties appear on the top-five
40	40	primary ballot, and electors may vote for these candidates in the same manner as
41	41	other candidates.
42	42	INSTANT RUNOFF VOTING FOR CERTAIN NATIONAL OFFICES IN GENERAL ELECTIONS
43	43	The bill requires instant runoff voting at the general election for U.S. senator
44	44	and representative in Congress. Under instant runoff voting, voters use a
45	45	ranked-choice ballot and have the option to cast their vote for each office in order of
46	46	preference. If a voter ranks more than one candidate for an office, the voter must
47	47	indicate a preference between the candidates by designating one as “first choice,"
48	48	another as “second choice," and subsequent choices in sequential preference. A voter
49	49	may also indicate as one of their preferences a write-in candidate for any office.
50	50	Under the bill an instant runoff is used to determine the candidate elected. All
51	51	votes are tallied and the candidate with fewest first-choice preferences is
52	52	eliminated. A voter who has chosen that candidate has his or her single vote
53	53	transferred to the voter's second-choice preference. The votes are tallied again and
54	54	this process continues until there are two remaining candidates. At that point, the
55	55	candidate with a majority of the combined first-choice and reallocated preferences
56	56	wins.
57	57	For further information see the state and local fiscal estimate, which will be
58	58	printed as an appendix to this bill.
59	59	The people of the state of Wisconsin, represented in senate and assembly, do
60	60	enact as follows:
61	61	SECTION 1. 5.01 (3) (a) of the statutes is amended to read:
62	62	5.01 (3) (a) Except as provided in par. (b) and s. 5.20, in every election to choose
63	63	any officer, each elector has one vote for each office unless clearly indicated
64	64	otherwise. The person receiving the greatest number of legal votes for the office shall
65	65	be declared elected, and the canvassers shall so determine and certify.
66	66	SECTION 2. 5.20 of the statutes is created to read:
67	67	5.20 Instant runoff voting. (1) In this section, “instant runoff voting" means
68	68	a voting method in which the electors voting at the general election for U.S. senator
69	69	or representative in Congress use a ranked-choice ballot that permits them to
70	70	indicate and order their preferences for all candidates whose names appear on the
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83	83	SECTION 2
84	84	ASSEMBLY BILL 563
85	85	ballot for the office of U.S. senator or representative in Congress as provided under
86	86	sub. (3).
87	87	(2) For any election using instant runoff voting, an elector may indicate his or
88	88	her preferences for up to 5 candidates for the office of U.S. senator or representative
89	89	in Congress using a ranked-choice ballot under sub. (3). An elector may indicate a
90	90	preference for a write-in candidate on a ranked-choice ballot. An elector is not
91	91	required to indicate a preference for more than one candidate.
92	92	(3) All of the following apply to a ranked-choice ballot:
93	93	(a) The ballot shall allow electors to rank candidates for the office of U.S.
94	94	senator or representative in Congress in order of preference, including a write-in
95	95	candidate for each race.
96	96	(b) The ballot shall allow electors to rank up to 5 candidates for the office of U.S.
97	97	senator or representative in Congress.
98	98	(c) The ballot shall not interfere with an elector's ability to rank a write-in
99	99	candidate for the office of U.S. senator or representative in Congress, but a vote for
100	100	a write-in candidate for either office may only be counted as provided under s. 7.50
101	101	(2) (em).
102	102	SECTION 3. 5.35 (6) (b) of the statutes is amended to read:
103	103	5.35 (6) (b) At each polling place in the state where a consolidated ballot under
104	104	s. 5.655 is used or an electronic voting system is utilized at a partisan primary
105	105	election incorporating a ballot upon which electors may mark votes for candidates
106	106	of more than one recognized political party, the municipal clerk or board of election
107	107	commissioners shall prominently post a sign in the form prescribed by the
108	108	commission warning electors in substance that on any ballot with votes cast for
109	109	candidates of more than one recognized political party, other than candidates for the
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136	136	SECTION 3 ASSEMBLY BILL 563
137	137	offices of U.S. senator and U.S. representative in Congress, no votes cast for any
138	138	candidates for partisan office will be counted unless a preference for a party is made.
139	139	If the elector designates a preference, only votes cast for candidates of that
140	140	preference will be counted.
141	141	SECTION 4. 5.62 (1) (a) of the statutes is amended to read:
142	142	5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
143	143	the nomination of candidates of recognized political parties for national, state and
144	144	county offices, and independent candidates for state office in each ward, in the same
145	145	form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
146	146	s. 5.655. The ballots shall be made up of the several party tickets with each party
147	147	entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
148	148	except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
149	149	The party ballot of the party receiving the most votes for president or governor at the
150	150	last general election shall be on top with the other parties arranged in descending
151	151	order based on their vote for president or governor at the last general election. The
152	152	ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
153	153	under par. (b), in the same order in which the parties filed petitions with the
154	154	commission. Any ballot required under par. (b) 2. shall be placed next in order. At
155	155	polling places where voting machines are used, each party shall be represented in
156	156	one or more separate columns or rows on the ballot. At polling places where an
157	157	electronic voting system is used other than an electronic voting machine, each party
158	158	may be represented in separate columns or rows on the ballot.
159	159	SECTION 5. 5.62 (1) (b) 2. of the statutes is amended to read:
160	160	5.62 (1) (b) 2. Subdivision 1. applies to a party within any assembly district or
161	161	county at any partisan primary election only if at least one candidate of the party for
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189	189	SECTION 5
190	190	ASSEMBLY BILL 563
191	191	any national, state or county office qualifies to have his or her name appear on the
192	192	ballot under the name of that party within that assembly district or county. The
193	193	county clerk or county board of election commissioners shall provide a combined
194	194	separate ballot or one or more separate columns or rows on the ballot that will permit
195	195	an elector to cast a vote for a write-in candidate for the nomination of any such party
196	196	for each national, state and county office whenever that party qualifies to be
197	197	represented on a separate primary ballot or in one or more separate columns or rows
198	198	under subd. 1. but does not qualify under this subdivision. The ballot shall include
199	199	the name of each party qualifying for a separate ballot or one or more separate
200	200	columns or rows on the ballot under each office, with the names of the candidates for
201	201	each such party appearing in the same order in which the ballots of the parties would
202	202	appear under par. (a).
203	203	SECTION 6. 5.62 (2) (b) of the statutes is amended to read:
204	204	5.62 (2) (b) Paragraph (a) applies to a party within any assembly district or
205	205	county at any partisan primary election only if at least one candidate of the party for
206	206	any national, state or county office qualifies to have his or her name appear on the
207	207	ballot under the name of that party within that assembly district or county. The
208	208	county clerk or county board of election commissioners shall provide a combined
209	209	separate ballot or one or more separate columns or rows on the ballot that will permit
210	210	an elector to cast a vote for a write-in candidate for the nomination of any such party
211	211	for each national, state and county office whenever that party qualifies to be
212	212	represented on a separate primary ballot or in one or more separate columns or rows
213	213	under par. (a) but does not qualify under this paragraph. The ballot shall include the
214	214	name of each party qualifying for a separate ballot or one or more separate columns
215	215	or rows on the ballot under each office, with the names of the candidates for each such
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242	242	SECTION 6 ASSEMBLY BILL 563
243	243	party appearing in the same order in which the ballots of the parties would appear
244	244	under sub. (1) (a).
245	245	SECTION 7. 5.62 (3) of the statutes is amended to read:
246	246	5.62 (3) The commission shall designate the official primary ballot
247	247	arrangement for statewide offices and district attorney within each prosecutorial
248	248	district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and
249	249	on each separate column or row on the ballot, the candidates for office shall be listed
250	250	together with the offices which they seek in the following order whenever these
251	251	offices appear on the partisan primary ballot: governor, lieutenant governor,
252	252	attorney general, secretary of state, state treasurer, U.S. senator, U.S.
253	253	representative in congress, state senator, representative to the assembly, district
254	254	attorney and the county offices.
255	255	SECTION 8. 5.62 (3m) of the statutes is created to read:
256	256	5.62 (3m) (a) At the partisan primary, a ballot that includes all of the following
257	257	shall be provided for the nomination of candidates for U.S. senator and U.S.
258	258	representative in Congress, in the same form as prescribed under s. 7.08 (1) (a),
259	259	except as authorized in s. 5.655:
260	260	1. The names of all candidates for U.S. senator and U.S. representative in
261	261	Congress.
262	262	2. Below the name of each candidate under subd. 1., the candidate's political
263	263	party or the candidate's political party preference or statement of principles, if any,
264	264	in 5 words or less, as shown on the candidate's nomination papers.
265	265	3. A statement in substantially the following form, prominently placed: “You
266	266	may vote for only one candidate for U.S. senator and one candidate for U.S.
267	267	representative in Congress. You may vote for any candidate for U.S. senator and any
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295	295	SECTION 8
296	296	ASSEMBLY BILL 563
297	297	candidate for U.S. representative in Congress regardless of the candidate's
298	298	designated political party affiliation and regardless of your designation of a political
299	299	party or vote for a candidate of a political party in a race in the partisan primary.
300	300	A candidate's designation of a political party affiliation on this ballot does not
301	301	constitute or imply the nomination, endorsement, or selection of the candidate by
302	302	that political party.”
303	303	(b) The order of candidates on the ballot under par. (a) 1. shall be determined
304	304	by lot or as otherwise prescribed under s. 7.08 (1) (a).
305	305	(c) The ballot under par. (a) 1. may not include any space for a write-in vote,
306	306	and any attempt to write-in the name of a person not on the ballot in a voted ballot
307	307	under this subsection may not be counted.
308	308	SECTION 9. 5.81 (4) of the statutes is amended to read:
309	309	5.81 (4) In partisan primary elections, except with respect to the offices of U.S.
310	310	senator and U.S. representative in Congress, if a ballot contains the names of
311	311	candidates of more than one party, it shall provide a space for electors to designate
312	312	a party preference. Failure to designate a preference does not invalidate any votes
313	313	cast by an elector, except as provided in s. 7.50 (1) (d).
314	314	SECTION 10. 5.84 (1) of the statutes is amended to read:
315	315	5.84 (1) Where any municipality employs an electronic voting system which
316	316	utilizes automatic tabulating equipment, either at the polling place or at a central
317	317	counting location, the municipal clerk shall, on any day not more than 10 days prior
318	318	to the election day on which the equipment is to be utilized, have the equipment
319	319	tested to ascertain that it will correctly count the votes cast for all offices and on all
320	320	measures. Public notice of the time and place of the test shall be given by the clerk
321	321	at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
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348	348	SECTION 10 ASSEMBLY BILL 563
349	349	one or more newspapers published within the municipality if a newspaper is
350	350	published therein, otherwise in a newspaper of general circulation therein. The test
351	351	shall be open to the public. The test shall be conducted by processing a preaudited
352	352	group of ballots so marked as to record a predetermined number of valid votes for
353	353	each candidate and on each referendum. The test shall include for each office one
354	354	or more ballots which have votes in excess of the number allowed by law and, for a
355	355	partisan primary election, except with respect to the offices of U.S. senator and U.S.
356	356	representative in Congress, one or more ballots which have votes cast for candidates
357	357	of more than one recognized political party, in order to test the ability of the
358	358	automatic tabulating equipment to reject such votes. If any error is detected, the
359	359	municipal clerk shall ascertain the cause and correct the error. The clerk shall make
360	360	an errorless count before the automatic tabulating equipment is approved by the
361	361	clerk for use in the election.
362	362	SECTION 11. 5.91 (1) of the statutes is amended to read:
363	363	5.91 (1) It enables an elector to vote in secrecy and, except with respect to the
364	364	offices of U.S. senator and U.S. representative in Congress, to select the party for
365	365	which an elector will vote in secrecy at a partisan primary election.
366	366	SECTION 12. 5.91 (6) of the statutes is amended to read:
367	367	5.91 (6) The Except with respect to the offices of U.S. senator and U.S.
368	368	representative in Congress, the voting device or machine permits an elector in a
369	369	primary election to vote for the candidates of the recognized political party of his or
370	370	her choice, and the automatic tabulating equipment or machine rejects any ballot on
371	371	which votes are cast in the primary of more than one recognized political party,
372	372	except where a party designation is made or where an elector casts write-in votes
373	373	for candidates of more than one party on a ballot that is distributed to the elector.
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401	401	SECTION 13
402	402	ASSEMBLY BILL 563
403	403	SECTION 13. 6.80 (2) (am) of the statutes is amended to read:
404	404	6.80 (2) (am) In partisan primaries, except with respect to the offices of U.S.
405	405	senator and U.S. representative in Congress, an elector may vote for a person as the
406	406	candidate of the party of the elector's choice, if that person's name does not appear
407	407	on the official ballot of that party, by writing in the name of the person in the space
408	408	provided on the ballot or the ballot provided for that purpose, or where voting
409	409	machines are used, in the irregular ballot device, designating the party for which the
410	410	elector desires such person to be the nominee.
411	411	SECTION 14. 6.80 (2) (g) of the statutes is created to read:
412	412	6.80 (2) (g) In elections for offices at which instant runoff voting under s. 5.20
413	413	is used, an elector may indicate his or her preferences for each office for up to 5
414	414	candidates, including a write-in candidate. An elector who indicates preferences for
415	415	candidates for an office must indicate a different preference for each candidate for
416	416	that office. An elector is not required to indicate a preference for more than one
417	417	candidate.
418	418	SECTION 15. 7.10 (2) of the statutes is amended to read:
419	419	7.10 (2) PREPARING BALLOTS. The county clerk shall prepare copy for the official
420	420	ballots immediately upon receipt of the certified list of candidates' names from the
421	421	commission. Names certified by the commission shall be arranged in the order
422	422	certified. The county clerk shall place the names of all candidates filed in the clerk's
423	423	office or certified to the clerk by the commission on the proper ballot or ballots under
424	424	the appropriate office and party titles. The county clerk shall prepare a special ballot
425	425	under s. 5.60 (8) showing only the candidates in the presidential preference primary.
426	426	The county clerk shall prepare a special ballot under s. 5.62 (3m) showing only the
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452	452	SECTION 15 ASSEMBLY BILL 563
453	453	candidates for the offices of U.S. senator and U.S. representative in Congress in the
454	454	partisan primary.
455	455	SECTION 16. 7.50 (1) (b) of the statutes is amended to read:
456	456	7.50 (1) (b) When an elector casts more votes for any office or measure than he
457	457	or she is entitled to cast at an election, all the elector's votes for that office or measure
458	458	are invalid and the elector is deemed to have voted for none of them, except as
459	459	provided in par. (c) and, sub. (2) (d), and s. 7.62 for the purpose of ranking candidates
460	460	for instant runoff voting. If an elector casts less votes for any office or measure than
461	461	he or she is entitled to cast at an election, all votes cast by the elector shall be counted
462	462	but no vote shall be counted more than once. Votes for the offices of U.S. senator and
463	463	U.S. representative in Congress shall be counted as provided in s. 7.62.
464	464	SECTION 17. 7.50 (1) (c) of the statutes is amended to read:
465	465	7.50 (1) (c) If an elector casts more than one vote for the same candidate for the
466	466	same office, the first vote is valid and the remaining votes are invalid. For the offices
467	467	of U.S. senator and U.S. representative in Congress, as provided in s. 7.62, if an
468	468	elector casts the same preference for more than one candidate, that ballot is invalid.
469	469	SECTION 18. 7.50 (1) (d) of the statutes is amended to read:
470	470	7.50 (1) (d) Whenever an electronic voting system is used at a polling place in
471	471	a partisan primary, and the same ballot is utilized to cast votes for candidates of more
472	472	than one recognized political party or candidates of a party and independent
473	473	candidates, except with respect to the offices of U.S. senator and U.S. representative
474	474	in Congress, if an elector designates a preference for a party or for independent
475	475	candidates, only votes cast within that preference category may be counted. If an
476	476	elector does not designate a preference and makes a mark opposite candidates of
477	477	more than one recognized political party or opposite a candidate in the independent
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505	505	SECTION 18
506	506	ASSEMBLY BILL 563
507	507	candidates' column and a candidate of a recognized political party, no votes cast by
508	508	the elector for any candidate for partisan office are valid. Votes for other candidates
509	509	and votes on ballot questions, if any, shall be counted if otherwise valid.
510	510	SECTION 19. 7.60 (4) (a) of the statutes is amended to read:
511	511	7.60 (4) (a) The board of canvassers shall make separate duplicate statements
512	512	showing the numbers of votes cast for the offices of president and vice president; state
513	513	officials; U.S. senators and representatives in congress Congress; state legislators;
514	514	justice; court of appeals judge; circuit judges; district attorneys; and metropolitan
515	515	sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am).
516	516	If a municipal judge elected under s. 755.01 (4) serves a municipality that is located
517	517	partially within the county and candidates for that judgeship file nomination papers
518	518	in another county, the board of canvassers shall prepare a duplicate statement
519	519	showing the numbers of votes cast for that judgeship in that county for transmittal
520	520	to the other county. For partisan candidates, the statements shall include the
521	521	political party or principle designation, if any, next to the name of each candidate.
522	522	The board of canvassers shall also prepare a statement showing the results of any
523	523	county, technical college district, or statewide referendum. Each statement shall
524	524	state the total number of votes cast in the county for each office; the names of all
525	525	persons for whom the votes were cast, as returned; the number of votes cast for each
526	526	person; the number of round-by-round votes cast for each person receiving votes at
527	527	a general election under s. 7.62 (3); and the number of votes cast for and against any
528	528	question submitted at a referendum. The board of canvassers shall use one copy of
529	529	each duplicate statement to report to the elections commission, technical college
530	530	district board, or board of canvassers of any other county and shall file the other
531	531	statement in the office of the county clerk or board of election commissioners.
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557	557	MPG&JK:emw&skw
558	558	SECTION 20 ASSEMBLY BILL 563
559	559	SECTION 20. 7.60 (4) (c) of the statutes is renumbered 7.60 (4) (c) (intro.) and
560	560	amended to read:
561	561	7.60 (4) (c) (intro.) In preparing the statements and determinations, the board
562	562	of canvassers shall carefully review the tally sheets and inspectors' statement. The
563	563	board of canvassers may omit the names of individuals whose names do not appear
564	564	on the ballot and who receive a comparatively small number of votes. The board of
565	565	canvassers shall designate votes received by such individuals as scattering votes.
566	566	The board of canvassers shall append all of the following to each statement and
567	567	determination a :
568	568	1. A tabulation of the votes cast at each election district, ward, or combination
569	569	of wards authorized under s. 5.15 (6) (b) in the county for each office and each
570	570	individual, whether the votes are canvassed or not, as well as the.
571	571	2. The total canvassed votes cast for each individual and each office, except
572	572	where scattering votes are designated. If any votes are rejected, the board of
573	573	canvassers shall specify the reasons therefor.
574	574	SECTION 21. 7.60 (4) (c) 3. of the statutes is created to read:
575	575	7.60 (4) (c) 3. After elections at which instant runoff voting under s. 5.20 is used,
576	576	the number of first-choice preferences and lesser-choice preferences cast for each
577	577	individual for each office, indicating the numbers for each choice.
578	578	SECTION 22. 7.60 (4) (c) 4. of the statutes is created to read:
579	579	7.60 (4) (c) 4. For each rejected vote, the board of canvassers' explanation for
580	580	rejecting the vote.
581	581	SECTION 23. 7.62 of the statutes is created to read:
582	582	7.62 Canvass procedure for instant runoff voting. (1) DEFINITIONS. In
583	583	this section:
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611	611	SECTION 23
612	612	ASSEMBLY BILL 563
613	613	(a) “Active candidate” means any candidate under this section that has not
614	614	been defeated or elected.
615	615	(b) “Exhausted ballot” means a ballot that does not contain a highest-ranked
616	616	active candidate and is not an abstention or an overvote.
617	617	(c) “Highest-ranked active candidate” means the active candidate assigned to
618	618	a higher ranking than any other active candidate.
619	619	(d) “Overvote” means an instance in which an elector has ranked more than one
620	620	candidate at the same ranking.
621	621	(e) “Ranking” means the number assigned by an elector to a candidate to
622	622	express the elector's preference for that candidate. The number “1” is the highest
623	623	ranking, followed by “2,” then “3,” then “4,” and then “5.”
624	624	(f) “Round” means an instance of the sequence of voting tabulation beginning
625	625	with sub. (3) (a).
626	626	(2) TALLY SHEETS. The commission shall prescribe a tally sheet form for
627	627	canvassing of the elections in which instant runoff voting under s. 5.20 is used. The
628	628	inspectors shall use the form in preparing the returns and shall retain the form as
629	629	a part of the official returns.
630	630	(3) TABULATION; INACTIVE BALLOTS. In any election for an office conducted by
631	631	instant runoff voting under s. 5.20, tabulation of the votes proceeds in rounds. Each
632	632	ballot shall count as one vote for the highest-ranked active candidate on that ballot.
633	633	If in any round the elector has indicated the same ranking for more than one
634	634	candidate, the ballot for that round and all subsequent rounds is considered an
635	635	overvote or exhausted ballot and not counted in that round and all subsequent
636	636	rounds. If in any round the elector has skipped a ranking on their ballot, the elector's
637	637	single vote shall be transferred to the next highest ranked candidate. If two rankings
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663	663	MPG&JK:emw&skw
664	664	SECTION 23 ASSEMBLY BILL 563
665	665	are skipped, that ballot is considered an inactive ballot. If in any round of tabulation
666	666	a ballot does not contain a highest-ranked active candidate, that ballot shall be
667	667	considered an overvote or exhausted ballot and not counted. If 2 or fewer active
668	668	candidates remain, the active candidate with the greatest number of votes is elected,
669	669	and the tabulation is complete. If more than 2 active candidates remain, the active
670	670	candidate with the fewest votes is defeated, votes for the defeated candidate are
671	671	transferred to each ballot's next-ranked active candidate, and a new round of
672	672	tabulation begins.
673	673	(4) BATCH ELIMINATION. The chief election officer may modify the tabulation
674	674	under sub. (3) to include batch elimination. If the tabulation includes batch
675	675	elimination, then any time the active candidate with the fewest votes would be
676	676	defeated under sub. (3), each active candidate in the elimination batch shall be
677	677	simultaneously defeated instead. An active candidate is in the elimination batch if
678	678	the number of elected and active candidates with more votes than that candidate is
679	679	greater than the number of offices to be elected and it is mathematically impossible
680	680	for that active candidate to be elected for any of the following reasons:
681	681	(a) The active candidate has fewer votes than any other active candidate.
682	682	(b) The active candidate's current vote total, plus all votes that could possibly
683	683	be transferred to the active candidate in future rounds, would not be enough to equal
684	684	or surpass the active candidate with the next highest current vote total.
685	685	(c) The active candidate has a lower current vote total than an active candidate
686	686	described under par. (b).
687	687	(5) TIES. If 2 or more active candidates are tied with the fewest votes and
688	688	tabulation under sub. (3) cannot continue until the active candidate with the fewest
689	689	votes is defeated, then the active candidate to be defeated shall be determined by lot.
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717	717	SECTION 23
718	718	ASSEMBLY BILL 563
719	719	Election officials may resolve prospective ties between active candidates prior to
720	720	tabulation under sub. (3) after all votes are cast.
721	721	(6) TRANSPARENCY . The commission shall ensure that all tabulation records
722	722	produced under this section, including the entire cast vote file record, are published
723	723	on its website following an election conducted under this section.
724	724	SECTION 24. 8.16 (1) of the statutes is renumbered 8.16 (1) (a) and amended to
725	725	read:
726	726	8.16 (1) (a) Except as provided in par. (b) and sub. (2), the person who receives
727	727	the greatest number of votes for an office on a party ballot at any partisan primary,
728	728	regardless of whether the person's name appears on the ballot, shall be the party's
729	729	candidate for the office, and the person's name shall so appear on the official ballot
730	730	at the next election.
731	731	SECTION 25. 8.16 (1) (b) of the statutes is created to read:
732	732	8.16 (1) (b) The 5 persons who receive the greatest number of votes for the
733	733	offices of U.S. senator and U.S. representative in Congress at any partisan primary
734	734	shall be the persons whose names appear on the official ballot at the general election,
735	735	except that if a candidate so nominated dies or becomes disqualified from holding the
736	736	office for which the candidate is nominated, the vacancy shall be filled by the
737	737	administrator by replacing the withdrawn candidate with the candidate who
738	738	received the most votes at the partisan primary but did not qualify to advance to the
739	739	general election. There may be fewer than 5 candidates on the ballot in the general
740	740	election if fewer than 5 qualified candidates advance. Sufficient space shall be
741	741	provided on the general election ballot for write-in candidates for the offices of U.S.
742	742	senator and U.S. representative in Congress.
743	743	SECTION 26. 8.50 (3) (b) of the statutes is amended to read:
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770	770	SECTION 26 ASSEMBLY BILL 563
771	771	8.50 (3) (b) Except as otherwise provided in this section, the provisions for the
772	772	partisan primary under s. 8.15 are applicable to all partisan primaries held under
773	773	this section, and the provisions for spring primaries under s. 8.10 are applicable to
774	774	all nonpartisan primaries held under this section. In a special partisan primary or
775	775	election, the order of the parties on the ballot shall be the same as provided under
776	776	s. 5.62 (1) or 5.64 (1) (b). No primary is required for a nonpartisan election in which
777	777	not more than 2 candidates for an office appear on the ballot or for a partisan election,
778	778	other than for the offices of U.S. senator and U.S. representative in Congress, in
779	779	which not more than one candidate for an office appears on the ballot of each
780	780	recognized political party. In every special election except a special election for
781	781	nonpartisan state office where no candidate is certified to appear on the ballot, a
782	782	space for write-in votes shall be provided on the ballot, regardless of whether a
783	783	special primary is held.
784	784	SECTION 27. 8.50 (3) (c) of the statutes is amended to read:
785	785	8.50 (3) (c) Notwithstanding ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f), except with
786	786	respect to the offices of U.S. senator and U.S. representative in Congress, whenever
787	787	a special partisan primary is held concurrently with the presidential preference
788	788	primary, an elector may choose the party column or ballot in which the elector will
789	789	cast his or her vote separately for each of the 2 primaries. Whenever 2 or more special
790	790	partisan primaries or one or more special partisan primaries and a partisan primary
791	791	are held concurrently, the procedure prescribed in ss. 5.37 (4), 5.91 (6) and 6.80 (2)
792	792	(f) applies.
793	793	SECTION 28. 10.02 (3) (b) 2. of the statutes is amended to read:
794	794	10.02 (3) (b) 2. At a partisan primary, the elector shall select the party ballot
795	795	of his or her choice, other than with respect to the offices of U.S. senator and U.S.
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823	823	SECTION 28
824	824	ASSEMBLY BILL 563
825	825	representative in Congress, and shall make a cross (X) next to or depress the lever
826	826	or button next to the candidate's name for each office for whom the elector intends
827	827	to vote, or shall, if applicable, insert or write in the name of the elector's choice for
828	828	a candidate.
829	829	SECTION 29.0Initial applicability.
830	830	(1) This act first applies to the 2024 partisan primary and general election.
831	831	(END)
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