Wisconsin Senate Bill SB361

Wisconsin 2025-2026 Regular Session

• Introduced: 6/27/25
• Refer: 6/27/25
• Failed: 3/23/26

Caption

An Act to repeal 5.35 (6) (b), 5.51 (7), 5.81 (4), 5.91 (6), 7.50 (1) (d) and 8.50 (3) (c); to renumber and amend 5.37 (4); to amend 5.02 (16m), 5.62 (1), 5.62 (2), 5.62 (3), 5.655 (1), 5.84 (1), 5.91 (1), 5.91 (3), 6.80 (2) (am), 6.80 (2) (f), 6.87 (4) (b) 1., 7.08 (2) (b), 7.50 (2) (g), 8.16 (1), 8.16 (6), 8.16 (7), 8.17 (1) (a), 8.20 (9), 8.50 (3) (b), 9.10 (3) (e), 10.02 (3) (b) 2., 15.61 (1) (a) 6. and 15.62 (1) (a) 6. of the statutes; Relating to: authorizing electors to vote in the primary of more than one political party. (FE)

Summary

SB361 would change Wisconsin’s partisan primary rules to allow voters to cast votes across party lines within the same primary election. Under current law, a voter generally must choose one party’s primary ballot and may vote only within that party’s column, with limited exceptions for independent candidates. This bill would permit “split-ticket” voting in the primary, allowing an elector to select the candidate of choice for each office regardless of party affiliation, including governor and lieutenant governor, while still limiting the voter to one candidate per office. It also preserves the existing general-election rules and states that the change would first apply to the 2026 partisan primary. To implement that change, the bill amends a broad set of election statutes governing ballot design, voting machines, absentee voting, write-in votes, recall primaries, special elections, and the treatment of independent and minor-party candidates. It revises definitions and procedures so that primary ballots can accommodate voting for candidates from more than one party, and it updates related provisions that currently assume a voter selects only one party ballot. The bill also makes conforming changes to statutes governing party organization and certain state board appointments tied to party status. The bill’s overall effect would be to significantly alter how partisan primaries function in Wisconsin by moving from a closed party-column model to a more flexible primary ballot structure. Election administrators would need to adjust ballot formats, machine testing, absentee ballot instructions, and canvassing procedures to account for cross-party voting in primaries. The bill does not change the general election ballot structure or the basic rule that only one vote may be cast per office. The available context shows no committee transcript or recorded votes, so there is no documented floor or committee debate to gauge detailed sentiment. Based on the bill text alone, the proposal appears to be a reform measure aimed at expanding voter choice in primaries and reducing strict party-line constraints. However, because the bill ultimately failed to pass pursuant to Senate Joint Resolution 1, it did not become law. The main point of contention implied by the bill is the departure from traditional partisan-primary rules. Supporters would likely view the bill as increasing flexibility and voter autonomy, while opponents would likely object that it weakens party nomination processes and could blur the distinction between party primaries and nonpartisan voting. The bill’s broad conforming amendments suggest that implementation would also raise administrative concerns for election officials and voting-system procedures.

Impact

SB361 would amend numerous provisions in Wisconsin election law to allow electors in partisan primaries to vote for candidates from more than one political party on the same primary ballot. It would revise statutes governing recognized political parties, ballot layout, voting machines, absentee ballots, write-in voting, recall primaries, special elections, and related administrative procedures so they function under a cross-party primary system. The bill would take effect first for the 2026 partisan primary election and would not alter general-election voting rules.

Sentiment

No committee discussion or vote record is provided, so there is no direct evidence of legislative debate or member sentiment. From the bill’s structure and purpose, the measure appears to have been introduced as a reform to expand voter choice in primaries, but its failure to pass indicates it did not secure enough support to advance. The absence of recorded support or opposition in the provided materials limits any stronger conclusion about sentiment.

Contention

The central controversy is whether Wisconsin should continue requiring primary voters to choose one party’s ballot or allow split-ticket voting across party lines in the primary. Supporters would likely argue the bill gives voters more freedom and better reflects candidate preference, while opponents would likely say it undermines party nomination systems and could weaken party identity in partisan elections. Election administrators could also have concerns about the operational complexity of changing ballot design, machine testing, absentee procedures, and canvassing rules to accommodate the new voting method.