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AB1165: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6495/1
JK:skw&emw
2025 ASSEMBLY BILL 1165
March 19, 2026 - Introduced by Representatives
Anderson
,
Brown
,
Clancy
,
Emerson
,
Hong
,
Moore Omokunde
,
Rivera-Wagner
,
Sheehan
,
Sinicki
,
Subeck
,
Stroud
,
Stubbs
,
Tenorio
and
Udell
, cosponsored by Senators
Spreitzer
,
Pfaff
,
Larson
,
Dassler-Alfheim
and
Roys
. Referred to Committee on Campaigns and Elections.
AB1165,2,8
1
An Act
to repeal
5.02 (22), 5.58, 8.05 (3), 8.05 (5), 8.11, 8.13, 10.02 (3) (b) 4.,
2
10.06 (2) (b), 10.06 (2) (d), 10.06 (3) (as), 10.06 (3) (b), 11.0101 (33), 11.0204 (2),
3
11.0304 (2), 11.0504 (2), 11.0604 (2), 11.0704 (2), 11.0804 (2), 60.10 (1) (c) 2.,
4
117.22 (2) (e) and 120.06 (7) (b);
to renumber
60.10 (1) (c) 1. and 120.06 (7) (a);
5
to renumber and amend
7.60 (4) (c);
to amend
5.01 (4) (a), 5.01 (4) (b), 5.01
6
(4) (c), 5.01 (5), 5.02 (19), 5.02 (20r), 5.15 (6) (b), 5.60 (1) (ag), 5.64 (1) (ar) 1m.,
7
5.64 (1) (ar) 2., 5.66 (1), 5.68 (5), 7.08 (1) (c), 7.10 (6), 7.50 (1) (b), 7.50 (1) (c),
8
7.50 (2) (intro.), 7.50 (2) (hm), 7.51 (4) (a), 7.51 (5) (a) 3., 7.53 (1) (a), 7.53 (2)
9
(d), 7.53 (3) (a), 7.53 (3) (b), 7.60 (4) (a), 7.60 (4) (b), 7.70 (3) (a), 8.05 (4) (a),
10
8.10 (1), 8.17 (1) (a), 8.17 (4), 8.17 (5) (b), 8.50 (2) (a), 8.50 (2) (b), 8.50 (3) (a),
11
8.50 (3) (b), 10.01 (2) (d), 10.01 (2) (e), 10.02 (3) (intro.), 10.06 (1) (c), 10.06 (1)
12
(e), 10.06 (3) (am), 10.06 (3) (bm), 10.06 (3) (f), 10.06 (4) (g), 11.0101 (29),
13
11.0204 (3) (a), 11.0304 (3) (a), 11.0504 (3) (a), 11.0604 (3) (a), 11.0804 (3) (a),
14
38.16 (3) (br) 1., 59.17 (7), 59.605 (3) (a) 1., 64.04 (2), 66.0602 (4) (a), 66.0619
1
(2m) (b), 66.0921 (2), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.12 (12) (e) 5., 77.994
2
(3) (b) 2. b., 119.08 (2), 120.06 (8) (a), 120.06 (8) (b), 120.06 (8) (c) (intro.),
3
120.06 (8) (d), 120.06 (8) (f), 120.06 (8) (g), 120.06 (8) (h), 120.06 (9) (a), 121.91
4
(3) (a) 1. and 995.20;
to create
5.05 (1) (g), 5.20, 6.80 (2) (g), 7.60 (4) (c) 3., 7.60
5
(4) (c) 4., 7.62, 8.05 (1) (L), 10.02 (4), 11.0204 (3) (am), 11.0304 (3) (am),
6
11.0504 (3) (am), 11.0604 (3) (am), 11.0804 (3) (am), 20.510 (1) (ed) and 20.510
7
(1) (em) of the statutes;
relating to:
ranked-choice voting, granting rule-
8
making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires ranked-choice voting for the election of all federal, state, and local officials, not including recall elections for any such officials. Under ranked-choice voting, each voter may rank as many preferences for each office or seat as there are candidates whose names appear on the ballot for that office or seat. If the voter indicates a preference for more than one candidate for an office or seat, the voter must indicate a preference between the candidates by designating one as “first choice,” another as “second choice,” and ranking subsequent choices in sequential preference. A voter may also indicate a preference for one or more write-in candidates for any office or seat.
A voter who casts one vote for a candidate for an office or seat but who does not indicate a preference is considered to have cast a “first-choice” preference for that candidate. If any candidate receives a majority of the first-choice preferences for the office or seat, 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. Subsequent preferences of those voters are allocated to the other candidates in a similar manner as candidates with the fewest voter preferences are eliminated. 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.
In the case of a multiple-seat district, the candidates whose vote total is equal to or greater than the threshold number of votes are elected. The threshold is determined by dividing the total number of votes cast for the open seats by the number of the open seats, plus one, and adding one to the quotient, disregarding any fractions. Generally, if a candidate receives more than the number of threshold votes during a round of counting the preferential votes, his or her surplus votes are allocated to the continuing candidates in order of preference until all open seats are filled. A voter may also indicate a preference for one or more write-in candidates.
Under ranked-choice voting, no primary election is held other than a special primary for a partisan office, the partisan primary, and the presidential preference primary. At the partisan primary, ranked-choice voting is used to determine the candidate for each political party on the ballot who advances to the general election. At the special primary, ranked-choice voting is used to determine the candidate for each political party on the ballot who advances to the special election. At the presidential preference primary, ranked-choice voting is used to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.
Finally, the bill authorizes the Elections Commission to make expenditures to implement and administer ranked-choice voting, including updating equipment and software and implementing secure technologies, and to make grants to counties and municipalities for the same purpose.
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:
AB1165,1
1
Section
1
.
5.01 (4) (a) of the statutes is amended to read:
AB1165,3,8
2
5.01
(4)
(a)
If
Except as provided under s. 7.62, if
2 or more candidates for the
3
same office receive the greatest, but an equal number of votes, the winner shall be
4
chosen by lot in the presence of the board of canvassers charged with the
5
responsibility to determine the election, or in the case of an election for state or
6
national office or metropolitan sewerage commissioner, if the commissioner is
7
elected under s. 200.09 (11) (am), in the presence of the chairperson of the elections
8
commission or the chairperson’s designee.
AB1165,2
9
Section
2
.
5.01 (4) (b) of the statutes is amended to read:
AB1165,4,2
10
5.01
(4)
(b)
If
Except as provided under s. 7.62, if
, in a primary, 2 or more
11
candidates receive an equal but not the greatest number of votes so that only one of
1
those candidates with equal votes may advance to the final election, the choice shall
2
similarly be made by drawing lots.
AB1165,3
3
Section
3
.
5.01 (4) (c) of the statutes is amended to read:
AB1165,4,7
4
5.01
(4)
(c)
The
For purposes of pars. (a) and (b), the
candidates may, if all
5
those tied for the same office are present, draw for themselves. Upon refusal or
6
absence of any of the candidates, the board of canvassers shall appoint a competent
7
person to draw, and upon the results declare and certify the winner.
AB1165,4
8
Section
4
.
5.01 (5) of the statutes is amended to read:
AB1165,4,16
9
5.01
(5)
Election of governor and lieutenant governor.
(a) In every
10
general election to choose the governor and the lieutenant governor,
each elector
11
shall have a single vote applicable to both offices. The
the
persons receiving the
12
greatest number of legal
majority of highest-ranked
votes cast jointly for them for
13
governor and lieutenant governor shall be declared elected, and
the canvassers
14
shall so determine and certify
if no persons receive a majority of highest-ranked
15
votes cast jointly for governor and lieutenant governor, the election shall be
16
determined under s. 7.62
.
AB1165,4,21
17
(b)
In case
If
2 or more slates have an equal and the highest number of votes
18
for governor and lieutenant governor
after the canvass under s. 7.62
, the 2 houses of
19
the legislature shall at the next annual session choose by joint ballot one of the
20
slates so having an equal and the highest number of votes for governor and
21
lieutenant governor.
AB1165,5
22
Section
5
.
5.02 (19) of the statutes is amended to read:
AB1165,5,2
1
5.02
(19)
“Special election” means any election, other than those described in
2
subs. (5), (12s),
and
(21)
, and (22)
, to fill vacancies or to conduct a referendum.
AB1165,6
3
Section
6
.
5.02 (20r) of the statutes is amended to read:
AB1165,5,6
4
5.02
(20r)
“Special referendum” means any referendum held at a special
5
election which is not held concurrently with the elections described in sub. (5),
6
(12s),
or
(21)
, or (22)
.
AB1165,7
7
Section
7
.
5.02 (22) of the statutes is repealed.
AB1165,8
8
Section
8
.
5.05 (1) (g) of the statutes is created to read:
AB1165,5,12
9
5.05
(1)
(g) Make grants to counties and municipalities to update equipment
10
and software, including the implementation of secure technologies, to administer
11
ranked-choice voting under s. 5.20 and the canvass procedure for ranked-choice
12
voting under s. 7.62.
AB1165,9
13
Section
9
.
5.15 (6) (b) of the statutes is amended to read:
AB1165,6,17
14
5.15
(6)
(b) No later than 30 days before each election, the governing body of
15
any municipality may by resolution combine 2 or more wards for voting purposes to
16
facilitate using a common polling place. Whenever wards are so combined, the
17
original ward numbers shall continue to be utilized for all official purposes. Except
18
as otherwise authorized under this paragraph, every municipality having a
19
population of 35,000 or more shall maintain separate returns for each ward so
20
combined. In municipalities having a population of 35,000 or more, the governing
21
body may provide in a resolution that returns for any ward having a population of
22
20 or less be combined with returns for any adjacent ward, if the total population of
23
the combined wards does not exceed the applicable population range under sub. (2)
1
(b) for wards in that municipality. In municipalities having a population of less
2
than 35,000, the governing body may provide in the resolution that returns shall be
3
maintained only for each group of combined wards at any election. Whenever a
4
governing body provides that returns shall be maintained only for combined wards
5
under this paragraph, the municipality shall report separate results for each
6
separate ballot required under ss.
5.58
5.60
to 5.64. The municipal clerk shall
7
transmit a copy of the resolution to the county clerk of each county in which the
8
municipality is contained. In municipalities having a population of less than
9
35,000, the resolution shall remain in effect for each election until modified or
10
rescinded, or until a new division is made under this section. Whenever needed for
11
purposes of this paragraph, the municipal clerk shall determine the population of
12
each ward in his or her municipality. If the population of a ward cannot be
13
determined from census results, the clerk shall determine the population of the
14
smallest unit encompassing the entire ward that can be determined from census
15
results. The clerk shall then divide the land area of the ward by the land area of
16
that unit. The clerk shall then multiply that result by the population of the unit to
17
determine the population of the ward for purposes of this paragraph.
AB1165,10
18
Section
10
.
5.20 of the statutes is created to read:
AB1165,6,22
19
5.20
Ranked-choice voting.
(1)
In this section, “ranked-choice voting”
20
means a voting method in which the electors voting in an election for an elective
21
office are permitted to indicate and order their preferences for all candidates whose
22
names appear on the ballot for the same office or seat.
AB1165,7,2
1
(2)
Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d) and (e) and (4) (f), all
2
elections shall be conducted using ranked-choice voting.
AB1165,7,11
3
(3)
An elector may rank as many preferences for each office as there are
4
candidates for the office whose names appear on the ballot. If more than one seat
5
on a governing body is to be filled at large, the procedure under s. 7.62 (3) applies.
6
If write-in votes are permitted, an elector may vote for a write-in candidate in
7
addition to any candidate whose name appears on the ballot. To indicate a
8
preference, an elector shall mark his or her ballot with or cause the voting machine
9
to indicate the elector’s first choice, 2nd choice, 3rd choice, and subsequent choices,
10
if any. An elector is not required to indicate a choice and is not required to indicate
11
as many choices as the elector is eligible to indicate.
AB1165,11
12
Section
11
.
5.58 of the statutes is repealed.
AB1165,12
13
Section
12
.
5.60 (1) (ag) of the statutes is amended to read:
AB1165,7,22
14
5.60
(1)
(ag) There shall be one separate ballot for state superintendent,
15
judicial officers, county executive, county comptroller in counties having a
16
population of 750,000 or more, and county supervisor, except as authorized in s.
17
5.655. For county supervisor, the ballot shall be prepared in accordance with
ss.
18
5.58 (2) and
s.
59.10 (3). Arrangement of the names of candidates for county
19
executive, county comptroller, county supervisor, and municipal judge, if the judge
20
is elected under s. 755.01 (4), shall be determined by the county clerk or the
21
executive director of the county board of election commissioners
determining ballot
22
arrangement under s. 5.58 (1c),
in the manner prescribed in par. (b).
AB1165,13
23
Section
13
.
5.64 (1) (ar) 1m. of the statutes is amended to read:
AB1165,8,4
1
5.64
(1)
(ar) 1m. When voting for president and vice president, the ballot shall
2
permit an elector to vote only for the candidates on one ticket jointly or to write in
3
the names of persons in both spaces
, except that the elector may rank his or her
4
preference for each set of candidates as provided under s. 5.20
.
AB1165,14
5
Section
14
.
5.64 (1) (ar) 2. of the statutes is amended to read:
AB1165,8,9
6
5.64
(1)
(ar) 2. When voting for governor and lieutenant governor, the ballot
7
shall permit an elector to vote only for the candidates on one ticket jointly or write
8
in the names of persons in both spaces
, except that the elector may rank his or her
9
preference for each set of candidates as provided under s. 5.20
.
AB1165,15
10
Section
15
.
5.66 (1) of the statutes is amended to read:
AB1165,8,18
11
5.66
(1)
For local elections, where necessary, municipal clerks shall have
12
sufficient ballots printed or otherwise prepared whenever a voting system does not
13
utilize printed ballots to assure a ballot for all electors or voting machines. For all
14
other elections the municipal clerks shall certify to their county clerk, on the first
15
day of the 2nd month preceding the month in which the
primary
election
is held, the
16
approximate number of electors in the municipality. The county clerk shall total
17
these estimates and order a sufficient supply to assure ballots for all electors and
18
voting machines.
AB1165,16
19
Section
16
.
5.68 (5) of the statutes is amended to read:
AB1165,9,3
20
5.68
(5)
If a charge is made for the use of a polling place, the charge shall be
21
paid by the municipality establishing the polling place under s. 5.25 (2) unless the
22
polling place is used to conduct a special election that is called by a unit of
23
government other than the state or the municipality establishing the polling place
1
and the special election is not held concurrently with an election specified in s. 5.02
2
(5), (12s),
or
(21)
, or (22)
. In such case the charge shall be paid by the unit of
3
government that calls the special election.
AB1165,17
4
Section
17
.
6.80 (2) (g) of the statutes is created to read:
AB1165,9,16
5
6.80
(2)
(g) In elections for offices or seats on a governing body at which
6
ranked-choice voting under s. 5.20 is used, an elector may rank as many preferences
7
for each office or seat as there are candidates whose names appear on the ballot for
8
that office or seat. If more than one office or seat on a governing body is to be filled
9
at large, an elector may rank as many preferences for that office or seat as there are
10
candidates whose names appear on the ballot for all of the offices or seats to be
11
filled. If write-in votes are permitted, an elector may vote for a write-in candidate
12
in addition to any candidate whose name appears on the ballot. An elector who
13
indicates preferences for candidates for an office or seat shall indicate a different
14
preference for each candidate for that office or seat. If an elector casts more than
15
one vote for any office or seat without indicating preferences, the elector’s intent
16
shall be determined as provided under s. 7.62 (4).
AB1165,18
17
Section
18
.
7.08 (1) (c) of the statutes is amended to read:
AB1165,9,22
18
7.08
(1)
(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5),
19
6.33 (1), 6.47 (1) (am) 2. and (3), 6.55 (2),
and
6.86 (2) to (3)
, and 7.62 (1m)
. All such
20
forms shall contain a statement of the penalty applicable to false or fraudulent
21
registration or voting through use of the form. Forms are not required to be
22
furnished by the commission.
AB1165,19
23
Section
19
.
7.10 (6) of the statutes is amended to read:
AB1165,10,8
1
7.10
(6)
Municipal judge; certified list.
If candidates for the office of a
2
municipal judge who is elected under s. 755.01 (4) file nomination papers in the
3
office of the county clerk and any municipality served by the judge prepares its own
4
ballots for voting machines or an electronic voting system, the county clerk shall
5
certify to the municipal clerk of that municipality the names of the candidates for
6
judge as soon as possible after the last day for filing nomination papers
and after
7
certification by the county board of canvassers of the results of any primary
8
election
.
AB1165,20
9
Section
20
.
7.50 (1) (b) of the statutes is amended to read:
AB1165,10,16
10
7.50
(1)
(b) When an elector casts more votes for any office or measure than he
11
or she is entitled to cast at an election, all the elector’s votes for that office or
12
measure are invalid and the elector is deemed to have voted for none of them, except
13
as provided in par. (c) and sub. (2) (d)
and s. 7.62
. If an elector casts less votes for
14
any office or measure than he or she is entitled to cast at an election, all votes cast
15
by the elector shall be counted but no vote shall be counted more than once
, except
16
as provided in s. 7.62
.
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