AB 872

The Wisconsin Constitution requires the legislature to redistrict legislative

districts according to the number of inhabitants at its next session following each

decennial federal census. The legislature also reapportions congressional districts

pursuant to federal law.

This bill creates a new procedure for the preparation of legislative and

congressional redistricting plans. The bill requires the Legislative Reference

Bureau (LRB) to develop standards for legislative and congressional districts based

on population requirements under the Wisconsin Constitution and the U.S.

Constitution and requirements under Section 2 of the Voting Rights Act. The bill

then directs the LRB to draw redistricting plans for submission to the legislature for

approval in accordance with the standards. Under the bill, no later than January

1 of the second year following the decennial federal census, the LRB must deliver to

the majority leader of the senate and speaker of the assembly identical bills

embodying a plan of legislative and congressional districting.

The bill requires either the assembly or the senate to expeditiously introduce

and bring a bill to a vote not less than seven days after the date of introduction. The

vote must be under a procedure or rule permitting no amendments, except those of

a purely corrective nature. If a bill is approved by the first house in which it is

considered, the bill must expeditiously be brought to a vote in the second house under

a similar procedure or rule.

If neither of the bills delivered by the LRB is approved by the assembly and the

senate, the LRB must then prepare identical bills embodying a second plan of

legislative and congressional redistricting. The LRB must deliver the bill to the

majority leader of the senate and the speaker of the assembly no later than 21 days

after the date of the vote by which the senate or assembly failed to approve the first

bill. This second bill must be expeditiously introduced and brought to a vote not less

than seven days after the date of introduction, in the same manner as prescribed for

the initial bill.

If the second bill is not approved by the assembly and the senate, the same

procedure applies for the preparation of a third plan by the LRB and legislative

consideration of a third plan. The bill does not provide any procedure for the

preparation and submission of a fourth plan by the LRB. It is important to note that

the procedure established under the bill for legislative consideration of any

legislative or congressional districting plan is a rule of proceeding under the

Wisconsin Constitution and, as such, would not be legally enforceable in a court of

law if the assembly or senate failed to follow the procedure.