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Wisconsin Legislature: SB1117: Bill Text
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SB1117: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0413/2
JK:skw
2025 SENATE BILL 1117
March 19, 2026 - Introduced by Senators
Wirch
,
Roys
,
Carpenter
,
Dassler-Alfheim
,
Drake
,
Habush Sinykin
,
Hesselbein
,
L. Johnson
,
Keyeski
,
Larson
,
Ratcliff
,
Spreitzer
and
Wall
, cosponsored by Representatives
Anderson
,
Snodgrass
,
Andraca
,
Arney
,
Brown
,
Clancy
,
DeSmidt
,
Emerson
,
J. Jacobson
,
Kirsch
,
Madison
,
Miresse
,
Moore Omokunde
,
Neubauer
,
Prado
,
Phelps
,
Rivera-Wagner
,
Sinicki
,
Subeck
,
Tenorio
and
Udell
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB1117,1,4
1
An Act
to amend
5.10 and 7.70 (5) (b);
to create
5.11 and 5.12 of the statutes;
2
relating to:
entering into an agreement among the states to elect the
3
president and vice president of the United States by means of a national
4
popular vote.
Analysis by the Legislative Reference Bureau
Currently, the names of the presidential electors do not appear on the ballot in this state. Instead, the names of the candidates for president and vice president appear on the ballot, and each vote cast for one of the tickets is a vote for the presidential electors whose names are filed by their political party or, in the case of independent candidates, whose names are filed with the nomination papers of the candidates. After the winners of the presidential election in this state are determined, the presidential electors convene and cast their ballots for the candidates of the party who filed their names or for the independent candidates who filed their names.
This bill ratifies an agreement among the states that provides that if the agreement governs a particular presidential election, this state will certify the electors of the party, or in the case of independent candidates, the electors of the candidates, who win the national popular vote for president and vice president as the winning slate of presidential electors in this state. Under the agreement, the Elections Commission must certify to the other participating states the winners of the presidential and vice presidential vote in this state and must accept the determinations of the chief election officials of the other states in calculating the numbers of votes cast for the presidential and vice presidential candidates in their states. The agreement governs the election of presidential electors in this state in any year in which the agreement is, on July 20, in effect in states cumulatively possessing a majority of electoral votes.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1117,1
1
Section
1
.
5.10 of the statutes is amended to read:
SB1117,2,10
2
5.10
Presidential electors.
Although the names of the electors do not
3
appear on the ballot and no reference is made to them, a vote for the president and
4
vice president named on the ballot is a vote for the electors of the candidates for
5
whom an elector’s vote is cast. Under chs. 5 to 12, all references to the presidential
6
election, the casting of votes and the canvassing of votes for president, or for
7
president and vice president, mean votes for them through their pledged
8
presidential electors.
If the compact under s. 5.11 governs the election of
9
presidential electors, the references mean votes for the presidential electors who
10
represent the candidates.
SB1117,2
11
Section
2
.
5.11 of the statutes is created to read:
SB1117,2,15
12
5.11
Interstate compact on election of president and vice president.
13
The Agreement Among the States to Elect the President by National Popular Vote
14
is enacted into law and entered into with all other states legally joining in it in
15
substantially the following form:
SB1117,2,17
16
AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY
17
NATIONAL POPULAR VOTE
SB1117,3,2
1
(1)
Article I — Membership.
Any state of the United States and the District
2
of Columbia may become a member of this agreement by enacting this agreement.
SB1117,3,5
3
(2)
Article II — Right of the people in member states to vote for
4
president and vice president.
Each member state shall conduct a statewide
5
popular election for president and vice president of the United States.
SB1117,3,12
6
(3)
Article III — Manner of appointing presidential electors in
7
member states.
(a) Prior to the time set by law for the meeting and voting by the
8
presidential electors, the chief election official of each member state shall
9
determine the number of votes for each presidential slate in each state of the United
10
States and in the District of Columbia in which votes have been cast in a statewide
11
popular election and shall add such votes together to produce a “national popular
12
vote total” for each presidential slate.
SB1117,3,15
13
(b) The chief election official of each member state shall designate the
14
presidential slate with the largest national popular vote total as the “national
15
popular vote winner.”
SB1117,3,18
16
(c) The presidential elector certifying official of each member state shall
17
certify the appointment in that official’s own state of the elector slate nominated in
18
that state in association with the national popular vote winner.
SB1117,3,23
19
(d) At least 6 days before the day fixed by law for the meeting and voting by the
20
presidential electors, each member state shall make a final determination of the
21
number of popular votes cast in the state for each presidential slate and shall
22
communicate an official statement of such determination within 24 hours to the
23
chief election official of each other member state.
SB1117,4,4
1
(e) The chief election official of each member state shall treat as conclusive an
2
official statement containing the number of popular votes in a state for each
3
presidential slate made by the day established by federal law for making a state’s
4
final determination conclusive as to the counting of electoral votes by Congress.
SB1117,4,8
5
(f) In event of a tie for the national popular vote winner, the presidential
6
elector certifying official of each member state shall certify the appointment of the
7
elector slate nominated in association with the presidential slate receiving the
8
largest number of popular votes within that official’s own state.
SB1117,4,17
9
(g) If, for any reason, the number of presidential electors nominated in a
10
member state in association with the national popular vote winner is less than or
11
greater than that state’s number of electoral votes, the presidential candidate on
12
the presidential slate that has been designated as the national popular vote winner
13
shall have the power to nominate the presidential electors for that state and that
14
state’s presidential elector certifying official shall certify the appointment of such
15
nominees. The chief election official of each member state shall immediately
16
release to the public all vote counts or statements of votes as they are determined or
17
obtained.
SB1117,4,20
18
(h) This article shall govern the appointment of presidential electors in each
19
member state in any year in which this agreement is, on July 20, in effect in states
20
cumulatively possessing a majority of the electoral votes.
SB1117,5,2
21
(4)
Article IV — Other provisions.
(a) This agreement shall take effect
22
when states cumulatively possessing a majority of the electoral votes have enacted
1
this agreement in substantially the same form, and the enactments by such states
2
have taken effect in each state.
SB1117,5,6
3
(b) Any member state may withdraw from this agreement, except that a
4
withdrawal occurring 6 months or less before the end of a president’s term shall not
5
become effective until a president or vice president shall have been qualified to
6
serve the next term.
SB1117,5,10
7
(c) The chief executive of each member state shall promptly notify the chief
8
executive of all other states of when this agreement has been enacted and has taken
9
effect in that official’s state, when the state has withdrawn from this agreement,
10
and when this agreement takes effect generally.
SB1117,5,11
11
(d) This agreement shall terminate if the electoral college is abolished.
SB1117,5,13
12
(e) If any provision of this agreement is held invalid, the remaining provisions
13
shall not be affected.
SB1117,5,14
14
(5)
Article V — Definitions.
For purposes of this agreement:
SB1117,5,16
15
(a) “Chief election official” shall mean the state official or body that is
16
authorized to certify the total number of popular votes for each presidential slate.
SB1117,5,18
17
(b) “Chief executive” shall mean the governor of a state of the United States or
18
the mayor of the District of Columbia.
SB1117,5,21
19
(c) “Elector slate” shall mean a slate of candidates who have been nominated
20
in a state for the position of presidential elector in association with a presidential
21
slate.
SB1117,5,23
22
(d) “Presidential elector” shall mean an elector for president and vice
23
president of the United States.
SB1117,6,3
1
(e) “Presidential elector certifying official” shall mean the state official or
2
body that is authorized to certify the appointment of the state’s presidential
3
electors.
SB1117,6,8
4
(f) “Presidential slate” shall mean a slate of 2 persons, the first of whom has
5
been nominated as a candidate for president of the United States and the 2nd of
6
whom has been nominated as a candidate for vice president of the United States, or
7
any legal successors to such persons, regardless of whether both names appear on
8
the ballot presented to the voter in a particular state.
SB1117,6,10
9
(g) “State” shall mean a state of the United States and the District of
10
Columbia.
SB1117,6,13
11
(h) “Statewide popular election” shall mean a general election in which votes
12
are cast for presidential slates by individual voters and counted on a statewide
13
basis.
SB1117,3
14
Section
3
.
5.12 of the statutes is created to read:
SB1117,6,20
15
5.12
Governor to notify reference bureau when agreement is in
16
effect.
Whenever the governor notifies the chief executives of the other states that
17
the agreement ratified under s. 5.11 is in effect in this state, or that this state has
18
withdrawn from the agreement, the governor shall concurrently notify the
19
legislative reference bureau that the agreement is in effect or is no longer in effect in
20
this state.
SB1117,4
21
Section
4
.
7.70 (5) (b) of the statutes is amended to read:
SB1117,7,8
22
7.70
(5)
(b) For presidential electors, the commission shall prepare a
23
certificate showing the determination of the results of the canvass and the names of
1
the persons elected
as presidential electors or, if the compact under s. 5.11 governs
2
the appointment of presidential electors, the names of the persons who are certified
3
as this state’s presidential electors in accordance with s. 5.11
, and the governor
4
shall sign, affix the great seal of the state, and transmit the certificate
by registered
5
mail
to the
U.S. administrator of general services
national archive in the manner
6
specified under federal law
. The governor shall also prepare 6 duplicate originals of
7
such certificate and deliver them to one of the presidential electors on or before the
8
first Monday after the 2nd Wednesday in December.
SB1117,5
9
Section
5
. Effective dates.
This act takes effect on the day after
10
publication, except as follows:
SB1117,7,13
11
(
1
) The treatment of ss. 5.10 and 7.70 (5) (b) takes effect upon notification by
12
the governor to the legislative reference bureau that the agreement ratified by this
13
state under s. 5.11 is in effect.
SB1117,7,14
14
(end)
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