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2011 2012 LEGISLATURE
2011 BILL
AN ACTto amend 7.75 (1) and 8.25 (1) of the sta tu tes; relating
to: th e method
of selectin g pr esident ial electors.
Ana lysis by the Legisla tive Reference Burea u
Under current law, the political parties and the independent and
writein
candidates for president and vice president nominate one
presidential elector from
each congress iona l district an d two electors from t he st at
e at la rge. At t he election
for president a nd vice president, a vote for a par ticular can
didate is a vote for th at
can didat es president ial electors. Cur ren tly, the pr
esidential electors a re elected on
a st at ewide basis. Following the election, all of th e
president ial electors repr esent ing
the candidates who win the statewide vote are, with certain
limited exceptions,
boun d t o vote for t hose can didat es when th e pres ident ial
electors convene to vote for
presiden t a nd vice president . Cur ren tly, when t her e is a
vacancy in th e office of
presiden tia l elector, the vacan cy is filled by a plu ra lity
vote of the oth er electors.
Under this bill, one presidential elector is elected from each
congressional
district and t wo president ial electors are elected from the
sta te at lar ge. Under th is
bill, following th e election, one president ial elector r
epresent ing t he can didates who
win the vote in each congressional district and two presidential
electors representing
the candidates who win the statewide vote are, with certain
limited exceptions,
boun d t o vote for t hose can didat es when th e pres ident ial
electors convene to vote for
presiden t a nd vice president . This bill provides tha t a
vacan cy in th e office of
presidential elector mu st be filled by an individual who
represents th e sam e par ty
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BILL
as th e individua l who is replaced or t he sa me candidat es if
th e elector who is replaced
represent ed independent or writein can didates.
The people of the sta te of Wisconsin, represented in senat e
and assem bly, doenact a s fo l lows:
SECTION 1. 7.75 (1) of the sta tu tes is am ended to read:
7.75 (1 ) The electors for pr esident an d vice president sha ll
meet a t t he sta te
capit ol following th e presiden tia l election a t 12:00 noon t
he first Monda y after t he
2nd Wednesday in December. If ther e is a vacan cy in th e
office of an elector du e to
death, refusal to act, failure to attend or other cause, the
electors present shall
imm edia te ly proceed to fill th e vacancy by ballot, by a p
lurality of votes t he electora l
college vacan cy by subst itut ing an individual who repr esents
t he sam e part y as the
presidential elector who was elected or the same candidates if
the presidential
elector who was elected repr esent ed independent or writ ein
can didates. When all
electors a re pr esent, or th e vacan cies filled, they sha ll
perform th eir requir ed dut ies
un der th e const itut ion a nd laws of th e United Stat es.
SECTION 2. 8.25 (1) of the sta tu tes is am ended to read:
8.25 (1 ) PRESIDENTIALELECTORS. By gener al ba llot a t t he
gener al election for
choosing th e president a nd vice president of th e United St at
es th ere sha ll be elected
as many electors of president and vice president as this state
is entitled to elect
senat ors an d represent at ives in congress. One elector for
president a nd vice
president shall be elected from each congressional district and
2 electors for
presiden t a nd vice president sh all be elected from th e stat
e at lar ge. A vote for th e
pr esiden t an d vice president nomina tions of an y part y is a
vote for t he electors of th e
nominees.
(END)
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