State Codes and Statutes

Statutes > Wisconsin > 4 > 4.001

4.001

SUBCHAPTER I
GENERAL PROVISIONS
4.001 Legislative redistricting; equal population.

4.001(1)

(1) Based on the certified official results of the 1980 census of population of Wisconsin, as received by this state from the U.S. bureau of the census on March 23, 1981, under P.L. 94-171, the state is divided into 33 senate districts each composed of 3 assembly districts. Each senate district shall be entitled to elect one member of the senate. Each assembly district shall be entitled to elect one representative to the assembly.

4.001(2)

(2) All senate districts, and all assembly districts, are as equal in the number of inhabitants as practicable within the guidelines further set forth in this section. Because the certified total number of inhabitants of this state on the 1980 census date was 4,705,521, each of the 33 senate districts contains approximately 142,592 inhabitants and each of the 99 assembly districts contains approximately 47,531 inhabitants.

4.001(3)

(3) In redistricting the state based on the 1980 census of population, the legislature has assigned the highest priority to achieving the constitutionally mandated goal of precise population equality among the districts, resulting in an assembly deviation range of 1.72 percent (high assembly district plus 0.87 percent, low assembly district minus 0.85 percent) and a senate deviation range of 1.05 percent (high senate district plus 0.38 percent, low senate district minus 0.67 percent). To the very limited extent that precise population equality is unattainable, ss. 4.009 and 4.01 to 4.99 reflect a good faith effort to apportion the legislature giving due consideration to the need for contiguity and compactness of area, the maintenance of the integrity of political subdivisions and of communities of interest, and competitive legislative districts. Island territory (territory belonging to a city, town or village but not contiguous to the main part thereof) has been treated as a contiguous part of its municipality.

4.001(4)

(4) The enactment of the redistricting based on the 1980 census of population reflects the legislature's recognition of its responsibility under the constitution to district anew the senate and assembly after every decennial federal census of population. When the legislature and governor did not fulfill that responsibility in 1982, a federal district court promulgated legislative districts to "be effective for the 1982 legislative elections and thereafter until such time as a valid constitutional redistricting plan is enacted into law". In enacting ss. 4.009 and 4.01 to 4.99, the legislature has worked from the court plan and, consistent with the policy of the state expressed in sub. (3), has improved upon it. The resulting senate and assembly districts closely approximate the goal of precise population equality among districts, appropriately divide political subdivisions, and create the lowest population deviation in the history of legislative redistricting in this state.

4.001(5)

(5) In enacting ss. 4.009 and 4.01 to 4.99, the legislature and its members recognize the obligation imposed by their constitutional oath of office to represent the interests of the citizens who elected them and all of the other citizens of the state of Wisconsin. The legislative districts based on the 1980 census of population reflects the legislature's intent to enact a plan of reapportionment that encourages competitive elections, in order to promote a healthy democratic process which accurately reflects the will of the citizens of the state of Wisconsin.

4.001 - ANNOT.

History: 1983 a. 29, 192.

4.001 - ANNOT.

NOTE: The apportionment plan of legislative districts enacted in 1983 Wis. Act 29 was held unconstitutional in Prosser et al. v. Elections Board et al., 793 F. Supp. 859 (W.D. Wis. 1992) and replaced by a judicial plan of apportionment for all elections held after June 2, 1992. The 1992 judicial apportionment plan was held unconstitutional by the Federal District Court for the Eastern District of Wisconsin in the combined cases of Baumgart et al. v. Wendelberger, Case No. 01-C-0121, and Jensen et al. v. Wendelberger, Case No. 02-C-0366, which created a judicial plan of apportionment for all elections held after May 30, 2002. The 2002 plan, which is printed following s. 4.005, is based on the 2000 federal census of population of Wisconsin. Because the certified statewide number of inhabitants was 5,363,675, each of the 33 senate districts contains approximately 162,536 inhabitants and each of the 99 assembly districts contains approximately 54,179 inhabitants.

State Codes and Statutes

Statutes > Wisconsin > 4 > 4.001

4.001

SUBCHAPTER I
GENERAL PROVISIONS
4.001 Legislative redistricting; equal population.

4.001(1)

(1) Based on the certified official results of the 1980 census of population of Wisconsin, as received by this state from the U.S. bureau of the census on March 23, 1981, under P.L. 94-171, the state is divided into 33 senate districts each composed of 3 assembly districts. Each senate district shall be entitled to elect one member of the senate. Each assembly district shall be entitled to elect one representative to the assembly.

4.001(2)

(2) All senate districts, and all assembly districts, are as equal in the number of inhabitants as practicable within the guidelines further set forth in this section. Because the certified total number of inhabitants of this state on the 1980 census date was 4,705,521, each of the 33 senate districts contains approximately 142,592 inhabitants and each of the 99 assembly districts contains approximately 47,531 inhabitants.

4.001(3)

(3) In redistricting the state based on the 1980 census of population, the legislature has assigned the highest priority to achieving the constitutionally mandated goal of precise population equality among the districts, resulting in an assembly deviation range of 1.72 percent (high assembly district plus 0.87 percent, low assembly district minus 0.85 percent) and a senate deviation range of 1.05 percent (high senate district plus 0.38 percent, low senate district minus 0.67 percent). To the very limited extent that precise population equality is unattainable, ss. 4.009 and 4.01 to 4.99 reflect a good faith effort to apportion the legislature giving due consideration to the need for contiguity and compactness of area, the maintenance of the integrity of political subdivisions and of communities of interest, and competitive legislative districts. Island territory (territory belonging to a city, town or village but not contiguous to the main part thereof) has been treated as a contiguous part of its municipality.

4.001(4)

(4) The enactment of the redistricting based on the 1980 census of population reflects the legislature's recognition of its responsibility under the constitution to district anew the senate and assembly after every decennial federal census of population. When the legislature and governor did not fulfill that responsibility in 1982, a federal district court promulgated legislative districts to "be effective for the 1982 legislative elections and thereafter until such time as a valid constitutional redistricting plan is enacted into law". In enacting ss. 4.009 and 4.01 to 4.99, the legislature has worked from the court plan and, consistent with the policy of the state expressed in sub. (3), has improved upon it. The resulting senate and assembly districts closely approximate the goal of precise population equality among districts, appropriately divide political subdivisions, and create the lowest population deviation in the history of legislative redistricting in this state.

4.001(5)

(5) In enacting ss. 4.009 and 4.01 to 4.99, the legislature and its members recognize the obligation imposed by their constitutional oath of office to represent the interests of the citizens who elected them and all of the other citizens of the state of Wisconsin. The legislative districts based on the 1980 census of population reflects the legislature's intent to enact a plan of reapportionment that encourages competitive elections, in order to promote a healthy democratic process which accurately reflects the will of the citizens of the state of Wisconsin.

4.001 - ANNOT.

History: 1983 a. 29, 192.

4.001 - ANNOT.

NOTE: The apportionment plan of legislative districts enacted in 1983 Wis. Act 29 was held unconstitutional in Prosser et al. v. Elections Board et al., 793 F. Supp. 859 (W.D. Wis. 1992) and replaced by a judicial plan of apportionment for all elections held after June 2, 1992. The 1992 judicial apportionment plan was held unconstitutional by the Federal District Court for the Eastern District of Wisconsin in the combined cases of Baumgart et al. v. Wendelberger, Case No. 01-C-0121, and Jensen et al. v. Wendelberger, Case No. 02-C-0366, which created a judicial plan of apportionment for all elections held after May 30, 2002. The 2002 plan, which is printed following s. 4.005, is based on the 2000 federal census of population of Wisconsin. Because the certified statewide number of inhabitants was 5,363,675, each of the 33 senate districts contains approximately 162,536 inhabitants and each of the 99 assembly districts contains approximately 54,179 inhabitants.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 4 > 4.001

4.001

SUBCHAPTER I
GENERAL PROVISIONS
4.001 Legislative redistricting; equal population.

4.001(1)

(1) Based on the certified official results of the 1980 census of population of Wisconsin, as received by this state from the U.S. bureau of the census on March 23, 1981, under P.L. 94-171, the state is divided into 33 senate districts each composed of 3 assembly districts. Each senate district shall be entitled to elect one member of the senate. Each assembly district shall be entitled to elect one representative to the assembly.

4.001(2)

(2) All senate districts, and all assembly districts, are as equal in the number of inhabitants as practicable within the guidelines further set forth in this section. Because the certified total number of inhabitants of this state on the 1980 census date was 4,705,521, each of the 33 senate districts contains approximately 142,592 inhabitants and each of the 99 assembly districts contains approximately 47,531 inhabitants.

4.001(3)

(3) In redistricting the state based on the 1980 census of population, the legislature has assigned the highest priority to achieving the constitutionally mandated goal of precise population equality among the districts, resulting in an assembly deviation range of 1.72 percent (high assembly district plus 0.87 percent, low assembly district minus 0.85 percent) and a senate deviation range of 1.05 percent (high senate district plus 0.38 percent, low senate district minus 0.67 percent). To the very limited extent that precise population equality is unattainable, ss. 4.009 and 4.01 to 4.99 reflect a good faith effort to apportion the legislature giving due consideration to the need for contiguity and compactness of area, the maintenance of the integrity of political subdivisions and of communities of interest, and competitive legislative districts. Island territory (territory belonging to a city, town or village but not contiguous to the main part thereof) has been treated as a contiguous part of its municipality.

4.001(4)

(4) The enactment of the redistricting based on the 1980 census of population reflects the legislature's recognition of its responsibility under the constitution to district anew the senate and assembly after every decennial federal census of population. When the legislature and governor did not fulfill that responsibility in 1982, a federal district court promulgated legislative districts to "be effective for the 1982 legislative elections and thereafter until such time as a valid constitutional redistricting plan is enacted into law". In enacting ss. 4.009 and 4.01 to 4.99, the legislature has worked from the court plan and, consistent with the policy of the state expressed in sub. (3), has improved upon it. The resulting senate and assembly districts closely approximate the goal of precise population equality among districts, appropriately divide political subdivisions, and create the lowest population deviation in the history of legislative redistricting in this state.

4.001(5)

(5) In enacting ss. 4.009 and 4.01 to 4.99, the legislature and its members recognize the obligation imposed by their constitutional oath of office to represent the interests of the citizens who elected them and all of the other citizens of the state of Wisconsin. The legislative districts based on the 1980 census of population reflects the legislature's intent to enact a plan of reapportionment that encourages competitive elections, in order to promote a healthy democratic process which accurately reflects the will of the citizens of the state of Wisconsin.

4.001 - ANNOT.

History: 1983 a. 29, 192.

4.001 - ANNOT.

NOTE: The apportionment plan of legislative districts enacted in 1983 Wis. Act 29 was held unconstitutional in Prosser et al. v. Elections Board et al., 793 F. Supp. 859 (W.D. Wis. 1992) and replaced by a judicial plan of apportionment for all elections held after June 2, 1992. The 1992 judicial apportionment plan was held unconstitutional by the Federal District Court for the Eastern District of Wisconsin in the combined cases of Baumgart et al. v. Wendelberger, Case No. 01-C-0121, and Jensen et al. v. Wendelberger, Case No. 02-C-0366, which created a judicial plan of apportionment for all elections held after May 30, 2002. The 2002 plan, which is printed following s. 4.005, is based on the 2000 federal census of population of Wisconsin. Because the certified statewide number of inhabitants was 5,363,675, each of the 33 senate districts contains approximately 162,536 inhabitants and each of the 99 assembly districts contains approximately 54,179 inhabitants.

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