Wisconsin State AFL-CIO v. Elections Board , 543 F. Supp. 630 ( 1982 )


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  • DECISION and ORDER

    In 1972 the Wisconsin Legislature enacted legislation to reapportion the state’s 33 Senate districts and 99 Assembly districts on the basis of the 1970 census. See Wis. Stat. § 4.001(1). The 1972 legislative elections and subsequent legislative elections have been conducted under the district boundaries established by the Wisconsin Legislature in 1972.

    In 1980, the Bureau of the Census, United States Department of Commerce, conducted a decennial census of Wisconsin, as well as all other states. The 1980 census figures, as recertified by the Census Bureau on May 19, 1982, set the population of Wisconsin at 4,705,521. According to the current census figures, if the state were to be divided into 33 Senate districts of precisely equal numbers, each district would contain 142,591 persons. The population required to make the districts perfectly equal in population *632will be referred to in this decision as the “ideal norm.” The ideal norm for 99 Assembly districts, according to the 1980 census, is 47,531.

    The 1980 population of 4,705,521 represents a 6.5 percent increase from the 1970 population of 4,417,933. The 1980 census figures also reveal shifts in population, most notably an increase in the population in northern Wisconsin and a decrease in the population in southeastern Wisconsin, particularly in the City of Milwaukee. Because of population growth and shifts, there exists today significant disparities in the populations of the current state legislative districts. The existing Senate districts range from a district where the population exceeds the ideal norm by 27.3%, to a district where the population is less than the ideal norm by 22.5%. The current Assembly districts range from a district where the population exceeds the ideal norm by 29% to a district where the population is less than the ideal norm by 33.4%.

    To date, a new legislative reapportionment plan has not been enacted. We have been advised that a plan was passed by the legislature in May but that it was vetoed by Governor Lee Dreyfus. The vetoed plan has been submitted to us for our consideration and, after reviewing it, we conclude that it is one of the worst efforts before us and for that reason we decline to adopt it. The plan has, in our opinion, no redeeming value1 and we will not discuss it further in this opinion.

    This action, seeking a declaration that the present apportionment of Wisconsin’s legislative districts is unconstitutional and praying for a judicial plan of reapportionment was filed in this district on February 2, 1982. Judge Terence T. Evans, the United States District Court judge to whom this matter was originally assigned, determined that the case was appropriate for treatment by a three judge panel under 28 U.S.C. § 2284, and accordingly he requested in a letter to the Chief Judge of the United States Court of Appeals for the Seventh Circuit that two other judges be appointed to form a panel to consider this case. On February 8, 1982, Chief Judge Walter J. Cummings of the Seventh Circuit Court of Appeals designated Judge Myron L. Gordon of the United States District Court for the Eastern District of Wisconsin and Judge William J. Bauer of the United States Court of Appeals for the Seventh Circuit to join Judge Evans in forming a three judge court to consider this case.

    On February 22, 1982, we entered an order declaring the current reapportionment scheme unconstitutional and enjoining the defendant state Elections Board from preparing for or administering any elections using the current Senate and Assembly districts. The order also set deadlines for the filing of motions to intervene and for the submission of proposed reapportionment plans. Within the scheduled deadlines, the court received eight motions to intervene and, after one was withdrawn, the remaining seven were granted. Three of the parties, in addition to the original plaintiffs, submitted proposed state-wide reapportionment plans. Other parties submitted plans dealing with portions of Milwaukee County. Plans were also submitted by interested non-parties.

    Subsequently, Governor Dreyfus moved to intervene. He also moved that we abstain from further proceedings because he had filed a petition to invoke the original jurisdiction of the Wisconsin Supreme Court to consider reapportionment. The Governor’s motion to intervene as a party was granted. His abstention motion was denied. In light of the intervention of the Governor, legislative leaders of both the majority Democratic party and the minority Republican party moved to intervene in the case. Their motions were granted.

    *633The Wisconsin Supreme Court granted the Governor’s petition and assumed jurisdiction of his reapportionment action, but that action was removed to the United States District Court for the Western District of Wisconsin. On April 1, 1982, the Western District court transferred the case to us. The matter is properly here, and the requisite conditions precedent to the exercise of our jurisdiction have been satisfied.

    On April 21, 1982, we entertained oral arguments, and on April 23 an order was entered noting that we were reluctant to act until convinced that all reasonable efforts to establish a constitutionally acceptable redistricting plan had been exhausted by those charged with a duty to perform. Because the elected representatives of the people of Wisconsin have been unable to agree, we must now discharge our duty under the law. Before performing that duty, however, we deem it appropriate to note the following.

    In Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964), the United States Supreme Court held that the Equal Protection Clause of the United States Constitution requires that state legislative districts be apportioned on a population basis.

    “We hold that, as a basic constitutional standard, the Equal Protection Clause requires that the seats in both houses of a bicameral state legislature must be apportioned on a population basis. Simply stated, an individual’s right to vote for state legislators is unconstitutionally impaired when its weight is in a substantial fashion diluted when compared with votes of citizens living in other parts of the State.”

    Reynolds v. Sims, 377 U.S. at 568, 84 S.Ct. at 1385. In so holding, the Supreme Court extended the “one person, one vote” principle enunciated with respect to congressional reapportionment in Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), to state legislative reapportionment.

    Pursuing the concept of apportionment by population, the court continued:

    “By holding that as a federal constitutional requisite both houses of a state legislature must be apportioned on a population basis, we mean that the Equal Protection Clause requires that a State make an honest and good faith effort to construct districts, in both houses of its legislature, as nearly of equal population as is practicable.” Reynolds, supra, at 577, 84 S.Ct. at 1388.

    Clearly, with respect to apportionment, equal population is the “most elemental requirement of the Equal Protection Clause.” Connor v. Finch, 431 U.S. 407, 409-410, 97 S.Ct. 1828, 1830, 52 L.Ed.2d 465 (1977); Chapman v. Meier, 420 U.S. 1, 22, 95 S.Ct. 751, 763, 42 L.Ed.2d 766 (1975). To prevent the debasement of citizens’ voting power and to honor the dictates of the Equal Protection Clause, equality of population, to the extent it is practicable, is the cornerstone of any constitutional apportionment plan.

    Within the overall requirement that districts be as equal in population as practicable, different standards of population equality apply to different types of plans. A congressional plan is held to a more exacting standard of population equality than a legislative plan, Chapman v. Meier, 420 U.S. 1, 23, 95 S.Ct. 751, 764, 42 L.Ed.2d 766 (1975), Gaffney v. Cummings, 412 U.S. 735, 741-742, 93 S.Ct. 2321, 2325, 37 L.Ed.2d 298 (1973). Similarly, a court-ordered legislative plan is held to a higher standard of equality than a legislative plan enacted by a state. See: Chapman and Connor, supra.

    Some deviations from a strict population standard may be permitted in a legislative reapportionment plan, if they promote some rational state policy, Reynolds, supra, at 579, 84 S.Ct. at 1390:

    “So long as the divergences from a strict population standard are based on legitimate considerations incident to the effectuation of a rational state policy, some deviations from the equal-population principle are constitutionally permissible with respect to the apportionment of seats in either or both of the two houses of a bi-cameral state legislature.”

    *634While some deviations are permitted, the court in Reynolds observed:

    “[C]areful judicial scrutiny must of course be given, in evaluating state apportionment schemes, to the character as well as the degree of deviations from a strict population basis. But if, even as a result of a clearly rational state policy of according some legislative representation to political subdivisions, population is submerged as a controlling consideration in the apportionment of seats in a particular legislative body, then the right of all of the State’s citizens to cast an effective and adequately weighted vote would be unconstitutionally impaired.” Reynolds, supra, at 580, 84 S.Ct. at 1390 (Emphasis added.)

    The United States Supreme Court has declined to define a statistically ¡permissible level of population variation. Each case must be considered on its own facts. We believe that a court-ordered legislative reapportionment plan should meet a high standard of population equality. Deviations from population equality should, if at all possible, be of the de minimis variety.

    The plans submitted to us differ greatly in their range of deviation. For example, the plan submitted by the plaintiff Democrats has an assembly deviation range of 2.83 (high district +1.36, low district -1.47) while the plan submitted by the Republican party has a deviation range of 10.11 (high district +5.60, low district -4.54). ■ The Democrats’ plan is the lowest, and the Republican plan the second highest. We believe that a constitutionally acceptable plan should not deviate as high as 10%, and should, if possible, be kept below 2%.

    The Wisconsin Constitution provides that Assembly districts should “. . . consist of contiguous territory and be in as compact form as practicable.” Wis.Const. Art. IV, § 4. Within the limitations imposed by the requirement of population equality, the state may legitimately desire to make districts compact and contiguous.

    “A State may legitimately desire ... to provide for compact districts of contiguous territory in designing a legislative apportionment scheme.”

    Reynolds, supra, 377 U.S. 533, 578, 84 S.Ct. 1362, 1389, 12 L.Ed.2d 506 (1964). The Wisconsin Supreme Court has defined “contiguous” to mean that a district “cannot be made up of two or more pieces of detached territory,” State ex rel. Lamb v. Cunningham, 83 Wis. 90, 148, 53 N.W. 35, 57 (1892). The term “compact” has not been defined in Wisconsin, but other states with similar constitutional requirements have defined “compact” as meaning closely united in territory. See People ex rel. Woodyatt v. Thompson, 155 Ill. 451, 40 N.E. 307 (1895).

    The constitutional requirement of compactness is not absolute; the districts must be as compact “as practicable,” Wis. Const. Art. IV, § 4. Practical factors such as natural or political subdivision boundaries may legitimately vary the shapes of districts: In other words, districts should be reasonably, though not perfectly, compact and contiguous, People ex rel Scott v. Grivetti, 50 Ill.2d 156, 277 N.E.2d 881 (1971).

    Although important, the requirement of compactness is clearly subservient to the overall objective of population equality. See People ex rel. Scott v. Grivetti, supra. While recognizing the secondary importance of compactness, we note that some of the plans submitted to us contain districts that are anything but compact. Some contain districts that wiggle and meander without any discernible reason save, perhaps, for the desire to stretch a district to fit some political end.

    The most commonly urged justification for variation from strict population equality in state legislative reapportionment plans is that the integrity of county lines should be preserved. See Sims v. Amos, 336 F.Supp. 924, 933 (M.D.Ala.1972). Adherence to that justification has been urged in this suit, but only by those who have submitted plans with significant population deviations. The Wisconsin Constitution provides that county, town and ward lines should be maintained:

    “The members of the Assembly shall be chosen biennially, by single districts, on *635the Tuesday succeeding the first Monday of November after the adoption of this amendment, by the qualified electors of the several districts, such districts to be bounded by county, precinct, town or ward lines to consist of contiguous territory and be in as compact form as practicable.”

    Article IV, § 4, Wisconsin Constitution (emphasis supplied).

    At one time, Assembly districts which divided counties were held unconstitutional in Wisconsin except where a county was entitled to more than one state Representative. State ex rel. Attorney General v. Cunningham, 81 Wis. 440, 468, 51 N.W. 724 (1892). County lines were considered to be “inviolable” in Wisconsin, and the principle was incorporated into the court-ordered reapportionment plan adopted by the. Wisconsin Supreme Court in 1964. See State ex rel. Reynolds v. Zimmerman, 23 Wis.2d 606, 128 N.W.2d 16 (1964). That plan, the last “intact-county” plan in Wisconsin, established population deviation ranges that would be totally unacceptable today. The 1964 court-ordered plan, announced before the United States Supreme Court decided Reynolds v. Sims, contained 53 Assembly districts with deviations exceeding 10%. The largest average deviation, 32.5%, was in Walworth County with a population of 52,-368, 12,840 over the ideal norm of 39,528. At the other end of the scale was the Calumet County district with a population of 22,268, 17,260 below the ideal norm. Calumet County’s deviation was 43.7%. The total deviation, high to low, was 76.2%. Considering the United States Supreme Court decisions of the 1960’s and the drastic deviations in the 1964 plan, it is little wonder that Robert W. Warren, the then-Attorney General of Wisconsin, now United States District Court Judge for the Eastern District of Wisconsin, found the Wisconsin constitutional requirements regarding the respecting of county lines to be “nugatory” in an opinion written in 1969. See 58 Op. Atty. Gen. 88 (1969).

    While maintaining the integrity of county lines may be a desirable objective, we believe its general incompatibility with population equality makes it only a consideration of secondary importance. On this point we further observe that the best plan on keeping counties intact, the plan denominated as “Republican II,” only keeps 34 together, while the “Democrat II” plan keeps 30 intact.

    The other Republican plan submitted to us keeps only 19 counties intact and the second Democratic plan that we have considered keeps 26 counties together. None of the other plans are particularly impressive on this point although all, except for the so-cálled “Hauke-Leopold” plan with 21, keep more than the present 23 counties together.

    Our plan, which will be discussed later, was drafted with the somewhat elusive goal of maintaining the integrity of county lines firmly in mind. We were able to succeed only to the extent of keeping 31 counties intact.

    Although the Wisconsin Constitution quoted above provides for the maintenance of county, town and ward lines 2, absent is any requirement that city and village boundaries be maintained. The plaintiffs, whose plan splits more municipalities than those submitted by others, argue that the framers of the Constitution realized that the dividing of cities and villages would be necessary to achieve population equality in districts. They rely on State ex rel. Lamb v. Cunningham, supra, at 148, 53 N.W. 35, where the Supreme Court states:

    “It will be observed that the section quoted speaks of ‘ward lines,’ but contains no other reference to cities. From this it is manifest that the framers of the constitution, even at that early day, contemplated that the necessity was likely to arise for dividing up cities by ward lines in the formation of assembly districts, and thus allow smaller factors to enter into the *636formation of such districts, and to that extent facilitate the equality of representation.”

    Thus, they conclude, there is no Wisconsin constitutional requirement that city or village boundaries be maintained.

    The Republicans concede that the maintenance of municipal boundaries is not constitutionally required, but argue that the court should engage in a “... carefully tailored relaxation of the Article IV restrictions against breaching of county, municipal, village, town and ward boundaries.” Republican Party Brief, p. 40. They argue that the degree of relaxation of the requirements should be limited and that population variances of around 10% are acceptable, if necessary to adhere better to municipal lines.

    The Blaney Institute, Inc., of Madison, Wisconsin, which has been very helpful to the court in providing comparative data on the plans submitted3, reports that the number of “municipal splits” in the two Republican plans are 48 and 66, while the numbers for the two Democratic party plans are 105 and 115. The two Republican plans average 192.5, and the two Democratic plans average 186.5 in the number of county splits.

    We believe the maintenance of municipal boundaries to be important. We agree, however, with the apparent sentiment of all involved in this case that the splitting of municipal boundaries is necessary to adhere to the one person, one vote, principle. We believe that municipal splits should be used sparingly and we have tried to do so in our plan.

    Closely related to the goal of maintaining the integrity of county and municipal lines is the objective of preserving identifiable communities of interest in redistricting. One important aspect of this concern is avoiding any dilution in the voting strength of racial and ethnic minorities. Among the identifiable racial and ethnic minorities in Wisconsin, only black citizens of Milwaukee County represent a sufficiently large population in a relatively concentrated area to be an effective majority in any Senate or Assembly districts. We believe that sound policy requires that any redistricting plan ensure fair representation to the black population. Our plan clearly meets this objective. We will comment on this aspect of our plan when we discuss its impact on Milwaukee County later in this decision.

    A substantial number of Hispanics reside in Milwaukee County but, because of their dispersement within the county, it is impossible to draw an otherwise constitutional Assembly district with a high percentage of Hispanic residents. Our plan, however, avoids as much as possible the fragmentation of the Hispanic community by including the areas of heaviest Hispanic concentration in one Assembly district. By locating the primary concentration of the Hispanic population in one district, the plan helps to ensure that Hispanics will have the greatest potential to influence the election of a Representative of their choice.

    Like the Hispanic minority, American Indians are dispersed throughout the state to the extent that it is impossible to draw an otherwise constitutional district with a large (over 65%) percentage of American Indian inhabitants. However, by locating one of the primary concentrations of American Indians (Menominee, Forest and a portion of Shawano Counties) in one district, our plan will have the potential to provide them with an opportunity to influence the election of a State Representative of their choice.

    We have carefully studied the plans and arguments submitted to us by both the parties and the non-parties to this litigation. Although we have found all of them to be helpful, we are particularly indebted to Attorneys Ronald R. Ragatz, Jon P. Axelrod, Stephen G. Ryan and Robert M. Whitney for their excellent briefs and analyses. The submissions have been very helpful to us in *637meeting our obligations in this difficult case.

    Keeping in mind the criteria discussed above, we have reluctantly concluded that we can, by drawing our own plan, be more faithful to the goals of reapportionment than would be the case if we were to take the easy way out and merely adopt one of the plans submitted to us. For this reason we promulgated the attached plan as our reapportionment plan.

    We have no desire to comment extensively on our plan. We will, however, make a number of general observations.

    Population Equality

    The Best in the History of Wisconsin

    The old “intact county” state constitutional requirements resulted, since statehood, in a Wisconsin legislature that was not apportioned according to population until 1972. Even the 1964 plan, drafted during the formative years of the “one person, one vote” principle had, as we have observed, intolerable population deviations of 76.2%. The best plan submitted to us, as we have further observed, has a population deviation of 2.83%. Our plan not only improves upon the plaintiffs’ submission, it surpasses the effort of the 1972 legislature and creates the lowest population deviation in the history of Wisconsin.

    The ideal population of an assembly district, as stated on page 2, is 47,531. The largest of our ninety-nine districts is number 43, with a population of 47,944. The smallest of our districts is number 26, with a population of 47,119. The high district is only 413 over the ideal, and the low is only 412 people under. The deviation in our plan is a scant 1.74%.

    Our plan has no districts that vary from the ideal norm by more than 0.87%. Of the plans submitted to us, only the plaintiffs’ did reasonably well on this point, but even their plan contained nine districts that had more than a 1% deviation. The other plans, Hauke-Leopold with 34 districts over one percent deviation, the Republicans with 38, and the plan submitted by intervenor Senator Clifford W. Krueger with 45, have failed to impress us. We believe that our plan honors the young but equitable constitutionally required condition that, in a representative form of government, the vote of each person be, to the extent reasonably possible, equal in weight to the vote of another.

    Milwaukee County

    General

    Milwaukee County has a population of 964,988. Its population represents 20.5% of Wisconsin’s 4,705,521 inhabitants. It has 641,443 more people than the second largest county in Wisconsin. It contains 18 municipalities plus the state’s largest city. It has the state’s largest concentrations of black and Hispanic inhabitants. It contains many of the often conflicting interests involved in reapportionment, and for these reasons we deem it appropriate to comment on how our plan operates in it.

    Minority

    Three districts, numbers 10, 11, and 12, contain more than 65% black residents. Coupled together into a Senate district, our plan serves the constitutional mandate of not diluting minority voting strength.

    District 15 of our plan contains Wards 222, 223, 224, 225, 226, 227, 228, 229 and 230, the wards of the city (and state for that matter) that have the largest concentrations of Hispanic citizens. Thus, the objectives discussed previously on pages 11 and 12 of this decision are served.

    Intact Communities

    The City of Wauwatosa, with 51,308 residents, and the City of West Allis, with a population of 63,982, join the City of Milwaukee in being communities within Milwaukee County having populations above the ideal norm for one district. Our plan, however, serves their “community of interest” by creating one district for each that contains only residents of either West Allis or Wauwatosa. In so doing, District 16, *638with 47,618 residents of West Allis, contains 74.4% of the city’s total population. District 67, which contains 47,198 of Wauwatosa’s 51,308 people, holds 91.9% of its residents.

    The City of Milwaukee, with 636,210 people, could contain 13 districts full of only city residents. As an intervenor in this suit, the city has argued that it should not be cut up into split districts as it is at present, and that other plans, notably the Democrats, only give it nine full districts. Our plan gives the City of Milwaukee 10 full districts and 5 split districts. In three of the split districts, the city versus non-city ratios is 44,131 to 3,535 (District 17), 44,000 to 3,667 (District 14), and 37,473 to 10,042 (District 1). With the city having 125,604 residents (87.9% of the total) of the total population of 142,848 in these districts we believe our plan to be sufficiently sensitive to the concerns of the state’s largest city.4

    Of the sixteen communities of less than 47,531 in Milwaukee County, our plan keeps thirteen intact. The intact communities are Brown Deer, West Milwaukee, Shorewood, Whitefish Bay, Fox Point, Bayside (including the portion of Bayside in Ozaukee County), River Hills, St. Francis, South Milwaukee, Cudahy, Franklin, Hales Corners and Greenfield. The three split communities are Oak Creek (split 6,801 in one district and 10,131 in another), Greendale (13,504 in one district, 3,424 in another), and Glendale (9,446 in one district, 4,436 in another).

    In addition to our treatment of Wauwatosa and West Allis, and our grouping of blacks and Hispanics, we believe our plan honors various “communities of interest” by keeping together pockets of interest like the north shore suburbs, the east side of Milwaukee, and the cities of Cudahy-South Milwaukee.

    Incumbent Residency

    In our order of April 23, 1982 we reviewed some of the options available to us, including the option of drafting our own plan and stated: “In judicially enacting any plan, incumbent residency will not be a consideration of this court.” We have been faithful to that pledge. At no time in the drafting of this plan did we consider where any incumbent legislator resides or whether our plan would inure to the political benefit of any one person or party.

    While our plan has been drafted without incumbency considerations, we were mindful of the fact that the fall elections only call for the election of Senators presently holding odd numbered Senate seats. Consequently, the residents of Wisconsin presently living in even numbered Senate districts will not be electing Senators under our plan until 1984. To minimize the number of people affected by our plan as it relates to Senate districts, we have tried, as much as possible consistent with the principle of one person, one vote, to use even numbers for the Senate districts in our plan that roughly correspond to areas assigned to even numbered districts in the 1972 act.

    Because all ninety-nine members of the state Assembly will be selected under this plan, we saw no reason to adhere to any numbering system for Assembly districts that related to the 1972 law.

    Conclusion

    The drafting of our plan required an enormous effort5. It was done without the use of a computer, and some of the data submitted to us was, in some ways, inaccurate. The certifications of population pockets were occasionally changed, and even the final state population was adjusted again *639on May 24, 19826. Some minor changes could not be incorporated into our plan. For example, on May 26, 1982 we were advised by the Legislative Reference Bureau that the City of St. Francis was incorrectly listed in previously submitted data as having 10,066 people when it actually had 24 people less. The 24 people lost to St. Francis were actually residents of the city of Milwaukee, thus raising its stated population from 636,210 to 636,234. We were not told the ward(s) of Milwaukee that contained the newly found 24.

    We have tried to be as accurate as possible in drafting our plan. For the reasons stated above, and due to the enormity of the task, however, we recognize the possibility that arithmetic and/or inclusion-exclusion error could slip into the final product. For this reason we request that Dr. H. Rupert Theobald7, Chief of the Wisconsin Legislative Reference Bureau, review our plan as soon as possible and advise us if any corrections are necessary.

    For the foregoing reasons the court issues the following orders:

    1. The appended judicial plan of reapportionment be effective for the 1982 legislative elections and thereafter until such time as a valid constitutional redistricting plan is enacted into law.
    2. The injunction issued on February 22, 1982 is dissolved.
    3. All deadlines, relating to such matters as notice of elections, and the circulating and filing of nomination papers for the full election are relaxed to the extent necessary to permit the elections to take place as scheduled. The defendant Elections Board, if necessary, may set new dates that are not inconsistent with the purpose of this order, to wit: the election of legislators in the fall.

    APPENDIX

    THE 1982 FEDERAL COURT REAPPORTIONMENT PLAN FOR THE STATE OF WISCONSIN

    The Plan includes:

    A Population List of the 99 Assembly Districts
    A Population List of the 33 Senate Districts
    A Listing, by Assembly Districts, of the Component Parts of Each District
    Assembly Districts
    Assembly District Population Deviation from Norm People Percentage
    1 47,515 -16 -.03%
    2 47,339 -192 -.40%
    3 47,417 -114 -.24%
    4 47,854 + 323 +.68%
    5 47,708 + 177 +.37%
    6 47,509 -22 -.05%
    7 47,814 + 283 +.60%
    8 47,504 -27 -.06%
    9 47,522 -9 -.02%
    10 47,389 -142 -.30%
    11 . 47,707 +176 + .37%
    12 47,861 + 330 +.69%
    13 47,612 + 81 +.17%
    14 47,667 + 136 +.29%
    *640Assembly Districts
    Assembly District Deviation from Norm Population People Percentage
    15 47,200 -331 -.70%
    16 47,618 + 87 + .18%
    17 47,666 + 135 + .28%
    18 47,588 + 57 + .12%
    19 47,731 + 200 + .42%
    20 47,565 + 34 + .07%
    21 47,525 -6 -.01%
    22 47.232 -299 -.63%
    23 47,135 -396 -.83%
    24 47,263 -268 -.56%
    25 47,143 -388 -.82%
    26 47,119 -412 -.87%
    27 47,254 -277 -.58%
    28 47,616 + 85 + .18%
    29 47,796 + 265 + .56%
    30 47,530 -1 .00%
    31 47,586 + 55 + .11%
    32 47,841 + 310 + .65%
    33 47,783 + 252 + .53%
    34 47,459 -72 ■ .15%
    35 47,893 + 362 + .76%
    36 47,601 + 70 + .15%
    37 47,680 + 149 + .31%
    38 47,698 + 167 + .35%
    39 47,621 + 90 + .19%
    40 47,778 + 247 + .52%
    41 47,818 + 287 + .60%
    42 47,354 -177 -.37%
    43 47,944 + 413 + .87%
    44 47,678 + 147 + .31%
    45 47,609 + 78 + .16%
    46 47,751 + 220 + .46%
    47 47,533 + 2 .00%
    48 47,274 -257 -.54%
    49 47,376 -155 -.33%
    50 47,223 -308 -.65%
    51 47,580 + 49 + .10%
    52 47,656 + 125 + .26%
    53 47,852 + 321 + .68%
    54 47,180 -351 -.74%
    55 47,218 -313 -.66%
    56 47,685 + 154 + .32%
    57 47,691 + 160 + .34%
    58 47,464 -67 -.14%
    59 47,302 -229 -.48%
    60 47,884 + 353 + .74%
    61 47.233 -298 -.63%
    62 47,801 + 270 + .57%
    63 47,186 -345 -.73%
    64 47,611 + 80 + .17%
    65 47,517 -14 -.03%
    66 47,125 —406 -.85%
    67 47,198 -333 -.70%
    68 47,471 -60 -.12%
    Assembly Districts
    Assembly District Population Deviation from Norm People Percentage
    69 47,292 -239 -.50%
    70 47,133 -398 -.84%
    71 47,145 -386 -.81%
    72 47,463 -68 -.14%
    73 47,603 + 72 + .15%
    74 47,363 -168 -.35%
    75 47,735 + 204 + .43%
    76 47,327 -204 -.43%
    77 47.521 -10 -.02%
    78 47,921 + 390 + .82%
    79 47,788 + 257 + .54%
    80 47,606 + 75 + .16%
    81 47,296 -235 -.49%
    82 47.522 -9 -.02%
    83 47,543 + 12 + .03%
    84 47,767 + 236 + .50%
    85 47,704 + 173 + .36%
    86 47,171 -360 -.75%
    87 47,555 + 24 + .05%
    88 47,656 + 125 + .26%
    89 47,829 + 298 + .63%
    90 47,750 + 219 + .46%
    91 47,244 -287 -.60%
    92 47.560 + 29 + .06%
    93 47,629 + 98 + .21%
    94 47.560 + 29 + .06%
    95 47,339 -192 -.40%
    96 47,287 -244 -.51%
    97 47,852 + 321 + .68%
    98 47,389 -142 -.30%
    99 47,482 -49 -.10%
    Senate Districts
    NOTE: SENATE DISTRICTS SHALL BE REFERRED TO AS “SD” AND ASSEMBLY DISTRICTS AS “AD”. AFTER LISTING THE TOTAL FOR EACH SENATE DISTRICT, THE NEXT NUMBER WILL INDICATE THE NUMBER OF PEOPLE BY WHICH THE DISTRICT DEVIATES FROM THE IDEAL SENATE DISTRICT SIZE OF 142,591. THE NEXT NUMBER WILL INDICATE THE PERCENTAGE OF DEVIATION.
    SD 1:
    AD 1 47,515
    AD 2 47,339
    AD 3 47,417
    142,271 -320 -.22%
    SD 2
    AD 4 47,854
    AD 5 47,708
    AD 6 47,509
    143,071 +480 +.34%
    *641Senate Districts
    SD 3
    AD 7 47,814
    AD 8 47,504
    AD 9 47,522
    142,840 + 249 +.17%
    SD 4
    AD 10 47,389
    AD 11 47,707
    AD 12 47,861
    142,957 + 366 +.26%
    SD 5
    AD 13 47,612
    AD 14 47,667
    AD 15 47,200
    142,479 -112 -.08%
    SD 6
    AD 16 47,618
    AD 17 47,666
    AD 18 47,588
    142,872 + 281 +.20%
    SD 7
    AD 19 47,731
    AD 20 47,565
    AD 21 47,525
    142,821 + 230 +.16%
    SD 8
    AD 22 47,232
    AD 23 47,135
    AD 24 47,263
    141,630 -961 -.67%
    SD 9
    AD 25 47,143
    AD 26 47,119
    AD 27 47,254
    141,516 -1075 -.75%
    SD 10
    AD 28 47,616
    AD 29 47,796
    AD 30 47,530
    142,942 + 351 +.25%
    SD 11
    AD 31 47,586
    AD 32 47,841
    AD 33 47,783
    143,210 + 619 +.43%
    SD 12
    AD 34 47,459
    AD 35 47,893
    AD 36 47,601
    142,953 + 362 + .25%
    SD 13
    AD 37 47,680
    AD 38 47,698
    AD 39 47,621
    142,999 + 408 + .28%
    Senate Districts
    SD 14
    AD 40 47,778
    AD 41 47,818
    AD 42 47,354
    142,950 + 359 +.25%
    SD 15
    AD 43 47,944
    AD 44 47,678
    AD 45 47,609
    143,231 +640 +.45%
    SD 16
    AD 46 47,751
    AD 47 47,533
    AD 48 47,274
    142,558 -33 -.02%
    SD 17
    AD 49 47,376
    AD 50 47,223
    AD 51 47,580
    142,179 -412 -.29%
    SD 18
    AD 52 47,656
    AD 53 47,852
    AD 54 47,180
    142,688 + 97 . +.07%
    SD 19
    AD 55 47,218
    AD 56 47,685
    AD 57 47,691
    142,594 + 3 + 0%
    SD 20
    AD 58 47,464
    AD 59 47,302
    AD 60 47,884
    142,650 + 59 +.04%
    SD 21
    AD 61 47,233
    AD 62 47,801
    AD 63 47,186
    142,220 -371 -.26%
    SD 22
    AD 64 47,611
    AD 65 47,517
    AD 66 47,125
    142,253 -338 -.24%
    SD 23
    AD 67 47,198
    AD 68 47,471
    AD 69 47,292
    141,961 -630 -.44%
    SD 24
    AD 70 47,133
    AD 71 47,145
    AD 72 47,463
    141,741 -850 -.60%
    *642Senate Districts
    SD 25
    AD 73 47,603
    AD 74 47,363
    AD 75 47,735
    142,701 +110 + .08%
    SD 26
    AD 76 47,327
    AD 77 47,521
    AD 78 47,921
    142,769 + 178 +.12%
    SD 27
    AD 79 47,788
    AD 80 47,606
    AD 81 47,296
    142,690 + 99 +.07%
    SD 28
    AD 82 47,522
    AD 83 47,543
    AD 84 47,767
    142,832 + 241 +.17%
    SD 29
    AD 85 47,704
    AD 86 47,171
    AD 87 47,555
    142,430 -161 -.11%
    SD 30
    AD 88 47,656
    AD 89 47,829
    AD 90 47,750
    143,235 + 644 +.45%
    SD 31
    AD 91 47,244
    AD 92 47,560
    AD 93 47,629
    142,433 -158 -.11%
    SD 32
    AD 94 47,560
    AD 95 47,339
    AD 96 47,287
    142,186 -405 -.28%
    SD 33
    AD 97 47,852
    AD 98 47,389
    AD 99 47,482
    142,723 +132 + .09%

    Assembly Districts

    FIRST ASSEMBLY DISTRICT

    Milwaukee County:

    City of St. Francis
    City of Milwaukee, wards 234, 260, 261, 263-278, and 280

    SECOND ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 205, 206, 240-259, 279, and 281

    THIRD ASSEMBLY DISTRICT

    Milwaukee County:

    City of South Milwaukee
    City of Cudahy
    City of Oak Creek, wards 2, 6, 7, 9,10,11, and 12

    FOURTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 40-65

    FIFTH ASSEMBLY DISTRICT

    Milwaukee County:

    Village of Shore wood.
    Village of Whitefish Bay
    Village of Fox Point
    Village of Bayside
    Village of River Hills
    City of Glendale, wards 3, 4, 8, and 9

    Ozaukee County:

    Village of Bayside

    SIXTH ASSEMBLY DISTRICT

    Milwaukee County:

    Village of Brown Deer
    City of Glendale, wards 1, 2, 5, 6, 7,10,11, and 12
    City of Milwaukee, wards 163-169, 171, 172, 173, 178, and 179

    SEVENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 80-83, 85, 170, 174-177, 282-295, 299, and 300

    Washington County:

    City of Milwaukee, 2 people from ward 285

    EIGHTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 19, 20, 21, 25, 26, 27, 28, 31-39, 84, 86-89, 126, 127, 180-182

    NINTH ASSEMBLY DISTRICT

    Milwaukee County:

    *643City of Milwaukee, wards 90-104, 123-125, 129, 130, 133-135, 139, 141, 142, 309, 310

    TENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 1-3, 22-24, 29, 30,122,128,131,136, 183,184,185, and 187-193

    ELEVENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 4-15, 105-112, and 186

    TWELFTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 16-18, 67, 68, 113-121, 194-199, and 303

    THIRTEENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 66, 69-77, 132, 137, 138, 140, 304-308, 311-313

    FOURTEENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 78, 79,143-150, 154, 155, 158, and 314-324
    City of West Allis, wards 16 and 17

    FIFTEENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 151-153, 156, 221-233, 235-239, and 262

    SIXTEENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of West Allis, wards 1-15, 19-27, and 34

    SEVENTEENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Milwaukee, wards 157, 159-162, 200-204, and 207-220
    City of West Milwaukee

    EIGHTEENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Greenfield
    Village of Greendale, wards 7, 9
    City of West Allis, wards 18, and 28-33

    NINETEENTH ASSEMBLY DISTRICT

    Racine County:

    City of Racine, wards 2-4, 6,17-22, 24-28
    Town of Mount Pleasant, wards 1, 4-6
    Village of Elmwood Park

    TWENTIETH ASSEMBLY DISTRICT

    Racine County:

    City of Racine, wards 1, 5, 7-16, 23, 29-32
    Village of North Bay
    Village of Wind Point

    TWENTY-FIRST ASSEMBLY DISTRICT

    Racine County:

    Town of Caledonia
    Town of Mount Pleasant, wards 2-3, 7-12
    Town of Raymond
    Town of Yorkville
    Village of Union Grove
    City of Sturtevant

    TWENTY-SECOND ASSEMBLY DISTRICT

    Kenosha County:

    Town of Brighton
    Town of Bristol
    Town of Paris
    Town of Pleasant Prairie, wards 5, 8, 9
    Town of Randall
    Town of Salem
    Town of Wheatland
    Village of Paddock Lake
    Village of Silver Lake
    Village of Twin Lakes

    Racine County:

    Town of Burlington
    City of Burlington

    Walworth County:

    Town of Bloomfield
    Village of Genoa City

    *644TWENTY-THIRD ASSEMBLY DISTRICT

    Kenosha County:

    Town of Pleasant Prairie, wards 1-4, 6, 7
    City of Kenosha, wards 4-6,14-18, 24-30, 33, 34

    TWENTY-FOURTH ASSEMBLY DISTRICT

    Kenosha County:

    Town of Somers
    City of Kenosha, wards 1-3, 7-13, 19-23, 31, 32

    TWENTY-FIFTH ASSEMBLY DISTRICT

    Rock County:

    Town of Beloit
    Town of Janesville
    Town of Rock
    City of Beloit, wards 1-11, 13-15, 19
    City of Janesville, wards 11-13

    TWENTY-SIXTH ASSEMBLY DISTRICT

    Rock County:

    Town of Bradford
    Town of Clinton
    Town of La Prairie
    Town of Turtle
    Village of Clinton
    City of Beloit, wards 12, 16-18, 20-22
    City of Janesville, wards 1-10, 20, 21

    TWENTY-SEVENTH ASSEMBLY DISTRICT

    Walworth County:

    All of Walworth County except:
    Town of Bloomfield
    Town of East Troy
    Town of LaGrange
    Town of Spring Prairie
    Town of Whitewater
    Village of East Troy
    Village of Genoa City
    City of Whitewater

    TWENTY-EIGHTH ASSEMBLY DISTRICT

    Milwaukee County:

    Village of Greendale, except wards 7 and 9
    Village of Hales Corners
    City of Franklin
    City of Oak Creek, wards 1, 3, 4, 5, 8, 13, 14, 15, 16, and 17

    TWENTY-NINTH ASSEMBLY DISTRICT

    Racine County:

    Town of Dover
    Town of Norway
    Town of Rochester
    Town of Waterford
    Village of Rochester
    Village of Waterford

    Walworth County:

    Town of East Troy
    Town of Spring Prairie
    Village of East Troy

    Waukesha County:

    Town of Vernon
    City of Muskego
    City of New Berlin, ward 21

    THIRTIETH ASSEMBLY DISTRICT

    Waukesha County:

    Town of Brookfield
    City of Brookfield, wards 7, 10-13, 16, 18-20
    City of New Berlin, except ward 21

    THIRTY-FIRST ASSEMBLY DISTRICT

    Dodge County:

    City of Watertown

    Jefferson County:

    Town of Aztalan
    Town of Concord
    Town of Farmington
    Town of Ixonia
    Town of Jefferson
    Town of Lake Mills
    Town of Milford
    Town of Waterloo
    Town of Watertown
    Village of Johnson Creek
    Village of Sullivan
    *645City of Jefferson
    City of Lake Mills
    City of Waterloo
    City of Watertown

    THIRTY-SECOND ASSEMBLY DISTRICT

    Jefferson County:

    Town of Cold Spring
    Town of Hebron
    Town of Koshkonong
    Town of Oakland
    Town of Sumner
    City of Fort Atkinson
    City of Whitewater

    Rock County:

    Town of Harmony
    Town of Johnstown
    Town of Lima
    City of Janesville, wards 14-19

    Walworth County:

    City of Whitewater

    THIRTY-THIRD ASSEMBLY DISTRICT

    Dodge County:

    Town of Beaver Dam
    Town of Burnette
    Town of Calamus
    Town of Chester
    Town of Clyman
    Town of Elba
    Town of Emmet
    Town of Fox Lake
    Town of Hustisford
    Town of Lebanon
    Town of Leroy
    Town of Lowell
    Town of Oak Grove
    Town of Portland
    Town of Shields
    Town of Trenton
    Village of Clyman
    Village of Hustisford
    Village of Lowell
    Village of Reeseville
    City of Beaver Dam
    City of Fox Lake
    City of Juneau
    City of Waupun

    Fond du Lac County:

    City of Waupun

    THIRTY-FOURTH ASSEMBLY DISTRICT

    LaCrosse County:

    Town of Medary
    City of LaCrosse except ward 18

    THIRTY-FIFTH ASSEMBLY DISTRICT

    LaCrosse County:

    LaCrosse County except:
    Town of Medary
    City of LaCrosse, wards 1-17 ,

    Monroe County:

    Town of Leon
    Town of Little Falls
    Town of Sparta

    THIRTY-SIXTH ASSEMBLY DISTRICT

    Crawford County

    Vernon County

    Grant County:

    Town of Boscobel
    Town of Marion
    Town of Millville
    Town of Mount Hope .
    Town of Woodman
    Town of Wyalusing
    Village of Bagley
    Village of Mount Hope
    Village of Woodman
    City of Boscobel

    THIRTY-SEVENTH ASSEMBLY DISTRICT

    Green County:

    Green County except:
    Town of Brooklyn
    Town of Exeter
    Town of New Glarus
    Town of York
    Village of Belleville
    Village of Brooklyn
    Village of New Glarus

    Rock County:

    *646Town of Avon
    Town of Center
    Town of Fulton
    Town of Magnolia
    Town of Milton
    Town of Newark
    Town of Plymouth
    Town of Porter
    Town of Spring Valley
    Village of Footville
    Village of Orfordville
    City of Edgerton
    City of Milton

    THIRTY-EIGHTH ASSEMBLY DISTRICT

    Iowa County

    Lafayette County

    Sauk County:

    Town of Franklin
    Town of Prairie du Sac
    Town of Spring Green
    Town of Troy
    Village of Plain
    Village of Prairie du Sac
    Village of Sauk City
    Village of Spring Green

    THIRTY-NINTH ASSEMBLY DISTRICT

    Grant County:

    All of Grant County except for that portion in Assembly District Thirty-six

    Richland County:

    Town of Eagle
    Town of Richwood

    FORTIETH ASSEMBLY DISTRICT

    Pierce County

    St. Croix County:

    Town of Hudson
    Town of Kinnickinnic
    Town of Pleasant Valley
    Town of Troy
    Town of Warren
    Village of North Hudson
    Village of Roberts
    City of Hudson
    City of River Falls (that part located St. Croix County)

    FORTY-FIRST ASSEMBLY DISTRICT

    Dunn County:

    Town of Eau Galle
    Town of Hay River
    Town of Knapp
    Town of Lucas
    Town of Menomonie
    Town of New Haven
    Town of Otter Creek
    Town of Sheridan
    Town of Sherman
    Town of Stanton
    Town of Tiffany
    Town of Weston
    Town of Wilson
    Village of Boyceville
    Village of Downing
    Village of Ridgeland
    Village of Wheeler
    City of Menomonie

    St. Croix County:

    Town of Baldwin
    Town of Cady
    Town of Eau Galle
    Town of Emerald
    Town of Erin Prairie
    Town of Glenwood
    Town of Hammond
    Town of Richmond
    Town of Rush River
    Town of St. Joseph
    Town of Somerset
    Town of Springfield
    Town of Star Prairie
    Village of Baldwin
    Village of Hammond
    Village of Somerset
    Village of Star Prairie
    Village of Wilson
    Village of Woodville
    City of Glenwood
    City of New Richmond

    *647FORTY-SECOND ASSEMBLY DISTRICT

    Burnett County

    Polk County

    St. Croix County:

    Town of Cylon
    Town of Forest
    Town of Stanton
    Village of Deer Park

    FORTY-THIRD ASSEMBLY DISTRICT

    Buffalo County

    Pepin County

    Trempealeau County

    FORTY-FOURTH ASSEMBLY DISTRICT

    Eau Claire County:

    Town of Bridge Creek
    Town of Brunswick
    Town of Clear Creek
    Town of Drammen
    Town of Fairchild
    Town of Lincoln
    Town of Otter Creek
    Town of Pleasant Valley
    Town of Washington
    Village of Augusta
    Village of Fairchild
    Village of Fall Creek
    City of Altoona
    City of Eau Claire, wards 2-5, 13, 15, 17-20

    FORTY-FIFTH ASSEMBLY DISTRICT

    Jackson County

    Monroe County:

    Monroe County except that portion within Assembly District Thirty-five

    FORTY-SIXTH ASSEMBLY DISTRICT

    Oneida County

    Vilas County

    FORTY-SEVENTH ASSEMBLY DISTRICT

    Price County

    Rusk County

    Barron County:

    Town of Chetek
    City of Chetek

    Taylor County:

    Town of Browning
    Town of Chelsea
    Town of Cleveland
    Town of Goodrich
    Town of Greenwood
    Town of Grover
    Town of Hammel
    Town of Jump River
    Town of McKinley
    Town of Medford
    Town of Molitor
    Town of Pershing
    Town of Rib Lake
    Town of Westboro
    Village of Rib Lake
    City of Medford

    FORTY-EIGHTH ASSEMBLY DISTRICT

    Florence County

    Forest County

    Menominee County

    Langlade County:

    Town of Ainsworth
    Town of Evergreen
    Town of Langlade
    Town of Norwood
    Town of Polar
    Town of Price
    Town of Rolling
    Town of Wolf River
    Village of White Lake

    Marathon County:

    Town of Harrison
    Town of Plover

    Marinette County:

    Town of Amberg
    Town of Athelstane
    Town of Beecher
    Town of Dunbar
    Town of Goodman
    Town of Niagara
    Town of Pembine
    *648Town of Silver Cliff
    Town of Wausaukee
    Village of Niagara
    Village of Wausaukee

    Oconto County:

    Town of Armstrong
    Town of Breed
    Town of Doty
    Town of How
    Town of Lakewood
    Town of Riverview
    Town of Townsend

    Shawano County:

    Town of Almon
    Town of Aniwa
    Town of Bartelme
    Town of Birnamwood
    Town of Fairbanks
    Town of Germania
    Town of Grant
    Town of Gresham
    Town of Herman
    Town of Hutchins
    Town of Morris
    Town of Red Springs
    Town of Seneca
    Town of Tigerton
    Town of Wittenberg
    Village of Aniwa
    Village of Birnamwood
    Village of Bowler
    Village of Eland
    Village of Mattoon
    Village of Wittenberg

    FORTY-NINTH ASSEMBLY DISTRICT

    Douglas County

    Bayfield County:

    Town of Barnes
    Town of Hughes
    Town of Iron River
    Town of Orienta
    Town of Oulu
    Town of Port Wing

    FIFTIETH ASSEMBLY DISTRICT

    Ashland County

    Iron County

    Sawyer County

    Bayfield County:

    All of Bayfield County except
    Town of Barnes
    Town of Hughes
    Town of Iron River
    Town of Orienta
    Town of Oulu
    Town of Port Wing

    FIFTY-FIRST ASSEMBLY DISTRICT

    Washburn County

    Barron County:

    All of Barron County except
    Town of Chetek
    Town of Dovre
    Town of Sioux Creek
    Village of New Auburn (that part located in Barron County)
    City of Chetek

    FIFTY-SECOND ASSEMBLY DISTRICT

    Marinette County:

    Town of Beaver
    Town of Grover
    Town of Lake
    Town of Middle Inlet
    Town of Peshtigo
    Town of Porterfield
    Town of Pound
    Town of Stephenson
    Town of Wagner
    Village of Coleman
    Village of Crivitz
    Village of Pound
    City of Marinette
    City of Peshtigo

    Oconto County:

    Town of Abrams
    Town of Bagley
    Town of Brazeau
    Town of Lena
    Town of Little River
    Town of Little Suamico
    Town of Maple Valley
    Town of Oconto
    *649Town of Pensaukee
    Town of Spruce
    Town of Stiles
    Village of Lena
    Village of Suring
    City of Oconto

    FIFTY-THIRD ASSEMBLY DISTRICT

    Brown County:

    Town of Pittsfield
    Town of Suamico
    Village of Howard
    Village of Pulaski
    City of Green Bay, wards 7-12, 21, 25, 27-35

    FIFTY-FOURTH ASSEMBLY DISTRICT

    Oconto County:

    Town of Chase
    Town of Gillett
    Town of Morgan
    Town of Oconto Falls
    Town of Underhill
    City of Gillett
    City of Oconto Falls

    Outagamie County:

    Town of Black Creek
    Town of Center
    Town of Cicero
    Town of Maine
    Town of Oneida
    Town of Osborn
    Town of Seymour
    Village of Black Creek
    Village of Nichols
    City of Seymour

    Shawano County:

    Town of Angelica
    Town of Belle Plaine
    Town of Bonduel
    Town of Green Valley
    Town of Hartland
    Town of Lessor
    Town of Maple Grove
    Town of Navarino
    Town of Pella
    Town of Richmond
    Town of Washington
    Town of Waukechon
    Town of Wescott
    Village of Cecil
    City of Shawano

    FIFTY-FIFTH ASSEMBLY DISTRICT

    Barron County:

    Town of Dovre
    Town of Sioux Creek
    Village of New Auburn (that part located in Barron County)

    Chippewa County:

    Town of Auburn
    Town of Birch Creek
    Town of Bloomer
    Town of Cleveland
    Town of Cooks Valley
    Town of Eagle Point
    Town of Estella
    Town of Hallie
    Town of Howard
    Town of Lake Holcombe
    Town of Ruby
    Town of Sampson
    Town of Tilden
    Town of Wheaton
    Town of Woodmohr
    Village of New Auburn (that part located in Chippewa County)
    City of Bloomer
    City of Chippewa Falls
    City of Cornell

    Dunn County:

    Town of Colfax
    Town of Dunn
    Town of Elk Mound
    Town of Grant
    Town of Peru
    Town of Red Cedar
    Town of Rock Creek
    Town of Sand Creek
    Town of Spring Brook
    Town of Tainter
    Village of Colfax
    Village of Elk Mound

    *650FIFTY-SIXTH ASSEMBLY DISTRICT

    Chippewa County:

    Town of Anson
    Town of Arthur
    Town of Colburn
    Town of Delmar
    Town of Edson
    Town of Goetz
    Town of Lafayette
    Town of Sigel
    Village of Boyd
    Village of Cadott
    City of Stanley
    City of Eau Claire (that part located in Chippewa County, ward 16)

    Eau Claire County:

    Town of Ludington
    Town of Seymour
    Town of Union
    Town of Wilson
    City of Eau Claire, wards 1, 6-12, 14

    FIFTY-SEVENTH ASSEMBLY DISTRICT

    Clark County

    Marathon County:

    Town of Brighton
    Town of Eau Pleine
    Town of Holton
    Town of Hull
    Town of McMillan
    Town of Spencer
    Village of Spencer
    Village of Unity (that part located in Marathon County)
    City of Abbotsford (that part located in Marathon County)
    City of Colby (that part located in Marathon County)

    Taylor County:

    Town of Aurora
    Town of Deer Creek
    Town of Ford
    Town of Holway
    Town of Little Black
    Town of Maplehurst
    Town of Roosevelt
    Town of Taft
    Village of Gilman
    Village of Lublin
    Village of Stetsonville

    FIFTY-EIGHTH ASSEMBLY DISTRICT

    Portage County:

    Town of Alban
    Town of Amherst
    Town of Dewey
    Town of Hull
    Town of New Hope
    Town of Sharon
    Town of Stockton
    Village of Amherst
    Village of Amherst Junction
    Village of Nelsonville
    Village of Park Ridge
    Village of Rosholt
    Village of Whiting
    City of Stevens Point

    Waupaca County:

    Town of Dupont
    Town of Harrison
    Town of Helvetia
    Town of Iola
    Town of St. Lawrence
    Town of Scandinavia
    Town of Union
    Town of Wyoming
    Village of Big Falls
    Village of Iola
    Village of Ogdensberg
    Village of Sandinavia
    City of Marion

    FIFTY-NINTH ASSEMBLY DISTRICT

    Portage County:

    Town of Almond
    Town of Belmont
    Town of Buena Vista
    Town of Grant
    Town of Lanark
    Town of Linwood
    Town of Pine Grove
    Town of Plover
    Village of Almond
    *651Village of Plover

    Waupaca County:

    Town of Dayton
    Town of Farmington

    Wood County:

    Town of Grand Rapids
    Village of Biron
    Village of Port Edwards
    City of Wisconsin Rapids

    SIXTIETH ASSEMBLY DISTRICT

    Marathon County:

    City of Marshfield (that part located in Marathon County)

    Portage County:

    Town of Carson
    Town of Eau Pleine
    Village of Junction City
    Village of Milladore (that part located in
    Portage County)

    Wood County:

    All of Wood County except:
    Town of Grand Rapids
    Village of Biron
    Village of Port Edwards
    City of Wisconsin Rapids

    SIXTY-FIRST ASSEMBLY DISTRICT

    Lincoln County

    Langlade County:

    Town of Ackley
    Town of Antigo
    Town of Elcho
    Town of Neva
    Town of Parrish
    Town of Peck
    Town of Summit
    Town of Upham
    Town of Vilas
    City of Antigo

    Marathon County:

    Town of Berlin
    Town of Hamburg
    Town of Hewitt
    Town of Maine
    Town of Texas
    Village of Brokaw

    SIXTY-SECOND ASSEMBLY DISTRICT

    Marathon County:

    Town of Bergen
    Town of Bern
    Town of Cassel
    Town of Cleveland
    Town of Day
    Town of Emmet
    Town of Frankfort
    Town of Green Valley
    Town of Halsey
    Town of Johnson
    Town of Marathon
    Town of Mosinee
    Town of Rib Falls
    Town of Rib Mountain
    Town of Rietbrock
    Town of Stettin
    Town of Wien
    Village of Athens
    Village of Edgar
    Village of Fenwood
    Village of Marathon City
    Village of Stratford
    City of Mosinee
    City of Wausau, Wards 11-25

    SIXTY-THIRD ASSEMBLY DISTRICT

    Marathon County:

    Town of Bevent
    Town of Easton
    Town of Elderon
    Town of Franzen
    Town of Guenther
    Town of Hatley
    Town of Knowlton
    Town of Kronenwetter
    Town of Norrie
    Town of Reid
    Town of Ringle
    Town of Wausau
    Town of Weston
    Village of Elderon
    Village of Rothschild
    City of Schofield
    City of Wausau, Wards 1-10

    *652SIXTY-FOURTH ASSEMBLY DISTRICT

    Jefferson County:

    Town of Palmyra
    Town of Sullivan
    Village of Palmyra

    Walworth County:

    Town of LaGrange
    Town of Whitewater

    Waukesha County:

    Town of Eagle
    Town of Mukwonago
    Town of Ottawa
    Town of Summit
    Town of Waukesha
    Village of Dousman
    Village of Eagle
    Village of Mukwonago
    City of Delafield
    City of Waukesha, Wards 24-27, 30, 31

    SIXTY-FIFTH ASSEMBLY DISTRICT

    Waukesha County:

    Town of Pewaukee except Wards 1-3
    City of Waukesha except Wards 24-27, 30, 31

    SIXTY-SIXTH ASSEMBLY DISTRICT

    Washington County:

    Town of Erin

    Waukesha County:

    Town of Delafield
    Town of Genesee
    Town of Merton
    Town of Oconomowoc
    Town of Pewaukee, Ward 3
    Village of Chenequa
    Village of Hartland
    Village of Lac La Belle
    Village of Merton
    Village of Nashotah
    Village of North Prairie
    Village of Oconomowoc Lake
    Village of Wales
    City of Oconomowoc

    SIXTY-SEVENTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Wauwatosa except Wards 9 and 21

    SIXTY-EIGHTH ASSEMBLY DISTRICT

    Milwaukee County:

    City of Wauwatosa, Wards 9 and 21
    City of Milwaukee, Wards 296-298, 301, 302

    Waukesha County:

    Village of Butler
    Village of Elm Grove
    Village of Menomonee Falls, Wards 14, 18, 20
    City of Brookfield, Wards 1-6, 8, 9,14,15, 17, 21-24

    SIXTY-NINTH ASSEMBLY DISTRICT

    Washington County:

    Town of Richfield, Wards 1, 3-7, 13-15

    Waukesha County:

    Town of Lannon
    Town of Lisbon
    Town of Pewaukee, Wards 1 and 2
    Village of Menomonee Falls except Wards 14, 18 and 20
    Village of Pewaukee
    Village of Sussex

    SEVENTIETH ASSEMBLY DISTRICT

    Ozaukee County:

    Town of Cedarburg
    Village of Thiensville
    City of Cedarburg
    City of Grafton
    City of Mequon, Wards 2, 4-8, 12, 13

    Washington County:

    Town of Germantown
    Town of Richfield, Wards 9, 11, 12
    Village of Germantown

    SEVENTY-FIRST ASSEMBLY DISTRICT

    Ozaukee County:

    Town of Belgium
    *653Town of Grafton
    Town of Port Washington
    Town of Saukville
    Village of Belgium
    Village of Saukville
    City of Mequon, Wards 1, 3, 9-11, 14-16
    City of Port Washington

    Sheboygan County:

    Town of Holland
    Town of Lima
    Town of Wilson
    Village of Cedar Grove
    Village of Oostburg
    City of Sheboygan, Wards 7 and 8

    SEVENTY-SECOND ASSEMBLY DISTRICT

    Ozaukee County:

    Village of Newburg (part)

    Washington County:

    Town of Farmington
    Town of Fredonia
    Town of Jackson
    Town of Polk
    Town of Richfield, Wards 2, 8 and 10
    Town of Trenton
    Town of West Bend
    Village of Fredonia
    Village of Jackson
    Village of Newburg (part)
    Village of Slinger
    City of West Bend

    SEVENTY-THIRD ASSEMBLY DISTRICT

    Door County

    Kewaunee County

    Brown County:

    Town of Green Bay
    Town of Scott

    SEVENTY-FOURTH ASSEMBLY DISTRICT

    Brown County:

    Town of Eaton
    Town of Humboldt
    Town of Morrison
    Town of New Denmark
    Village of Denmark

    Calumet County:

    Town of Charleston
    Town of Rantoul
    Village of Hilbert
    Village of Potter

    Manitowoc County:

    Town of Cato
    Town of Cooperstown
    Town of Eaton
    Town of Franklin
    Town of Gibson
    Town of Kossuth
    Town of Manitowoc Rapids
    Town of Maple Grove
    Town of Mishicot
    Town of Rockland
    Town of Two Creeks
    Town of Two Rivers
    Village of Francis Creek
    Village of Kellnersville
    Village of Maribel
    Village of Mishicot
    Village of Reedsville
    Village of Valders
    Village of Whitelaw
    City of Two Rivers

    SEVENTY-FIFTH ASSEMBLY DIS-

    TRICT

    Brown County:

    Town of Allouez
    Town of Bellevue
    City of Green Bay, Wards 1-6, 13-20, 22

    SEVENTY-SIXTH ASSEMBLY DISTRICT

    Calumet County:

    City of Kiel (that part located in Calumet County)

    Manitowoc County:

    Town of Centerville
    Town of Liberty
    Town of Manitowoc
    Town of Meeme
    Town of Newton
    *654Town of Schleswig
    Village of Cleveland
    Village of St. Nazianz
    City of Manitowoc
    City of Kiel (that part located in Manitowoc County)

    Sheboygan County:

    Town of Mosel

    SEVENTY-SEVENTH ASSEMBLY DISTRICT

    Sheboygan County:

    Town of Sheboygan
    Village of Kohler
    City of Sheboygan, Wards 1-6, 9-16

    SEVENTY-EIGHTH ASSEMBLY DISTRICT

    Calumet County:

    Town of New Holstein
    City of New Holstein

    Fond du Lac County:

    Town of Calumet
    Town of Marshfield
    Town of Osceola
    Town of Taycheeda
    Village of Mt. Calvary
    Village of St. Cloud

    Sheboygan County:

    Town of Greenbush
    Town of Herman
    Town of Lyndon
    Town of Mitchell
    Town of Plymouth
    Town of Rhine
    Town of Russell
    Town of Scott
    Town of Sheboygan Falls
    Town of Sherman
    Village of Adell
    Village of Cascade
    Village of Elkhart Lake
    Village of Glenbeulah
    Village of Howards Grove
    Village of Random Lake
    Village of Waldo
    City of Plymouth
    City of Sheboygan Falls

    SEVENTY-NINTH ASSEMBLY DISTRICT

    Outagamie County:

    Town of Grand Chute
    City of Appleton, Wards 1, 3, 4, 6-8, 12, 14-19

    EIGHTIETH ASSEMBLY DISTRICT

    Winnebago County:

    Town of Clayton
    Town of Menasha
    Town of Winchester
    Town of Winneconne
    Village of Winneconne
    City of Menasha
    City of Neenah, Wards 1, 5, 7-10, 12, 14

    EIGHTY-FIRST ASSEMBLY DISTRICT

    Winnebago County:

    Town of Neenah
    Town of Oshkosh
    Town of Vinland
    City of Neenah, Wards 2-4, 6, 11, 13, 15, 16
    City of Oshkosh, Wards 29-34, 37, 41-43

    EIGHTY-SECOND ASSEMBLY DISTRICT

    Calumet County:

    Town of Brillion
    Town of Brothertown
    Town of Chilton
    Town of Harrison
    Town of Stockbridge
    Town of Woodville
    Village of Sherwood
    Village of Stockbridge
    City of Brillion
    City of Chilton
    City of Appleton (that part located in Calumet County — Wards 9, 13, 22, 23)

    Outagamie County:

    Town of Buchanan
    Village of Combined Locks
    Village of Kimberly
    *655City of Appleton, Wards 2, 5, 10, 11, 20, 24

    Winnebago County:

    City of Appleton (that part located in Winnebago County — Ward 21)

    EIGHTY-THIRD ASSEMBLY DISTRICT

    Brown County:

    Town of DePere
    Town of Glenmore
    Town of Holland
    Town of Lawrence
    Town of Rockland
    Town of Wrightstown
    Village of Wrightstown
    City of DePere (All of the city of DePere except Ward 9)

    Outagamie County:

    Town of Freedom
    Town of Kaukauna
    Town of Vandenbroek
    Village of Little Chute
    City of Kaukauna

    EIGHTY-FOURTH ASSEMBLY DISTRICT

    Brown County:

    Town of Hobart
    Village of Ashwaubenon
    City of DePere, Ward 9
    City of Green Bay, Wards 23, 24, 26, 36-46

    EIGHTY-FIFTH ASSEMBLY DISTRICT

    Outagamie County:

    Town of Bovina
    Town of Dale
    Town of Deer Creek
    Town of Ellington
    Town of Greenville
    Town of Hortonia
    Town of Liberty
    Town of Maple Creek
    Village of Bear Creek
    Village of Hortonville
    Village of Shiocton
    City of New London (that part located in Outagamie County)

    Waupaca County:

    Town of Bear Creek
    Town of Caledonia
    Town of Fremont
    Town of Larrabee
    Town of Lebanon
    Town of Lind
    Town of Little Wolf
    Town of Matteson
    Town of Mukwa
    Town of Royalton
    Town of Waupaca
    Town of Weyauwega
    Village of Embarrass
    Village of Fremont
    City of Clintonville
    City of Manawa
    City of Waupaca
    City of Weyauwega
    City of New London (that part located in Waupaca County)

    Winnebago County:

    Town of Poygan
    Town of Wolf River

    EIGHTY-SIXTH ASSEMBLY DISTRICT

    Green Lake County

    Fond du Lac County: ,

    Town of Alto
    Town of Metomen
    Town of Ripon
    Village of Brandon
    Village of Fairwater
    City of Ripon

    Waushara County:

    Waushara County except:
    Town of Plainfield
    Village of Plainfield

    EIGHTY-SEVENTH ASSEMBLY DISTRICT

    Adams County

    Juneau County

    Marquette County

    Waushara County:

    Town of Plainfield

    *656Village of Plainfield

    EIGHTY-EIGHTH ASSEMBLY DISTRICT

    Dodge County:

    Town of Ashippun
    Town of Brownsville
    Town of Herman
    Town of Hubbard
    Town of Lomira
    Town of Rubicon
    Town of Theresa
    Town of Williamstown
    Village of Iron Ridge
    Village of Kekoskee
    Village of Lomira
    Village of Neosho
    Village of Theresa
    City of Horicon
    City of Mayville

    Fond du Lac County:

    Town of Ashford
    Town of Auburn
    Village of Campbellsport

    Washington County:

    Town of Addison
    Town of Barton
    Town of Hartford
    Town of Kewaskum
    Town of Wayne
    Village of Kewaskum
    City of Hartford

    EIGHTY-NINTH ASSEMBLY DISTRICT

    Fond du Lac County:

    Town of Eden
    Town of Empire
    Town of Fond du Lac
    Town of Forest
    Village of Eden
    Village of North Fond du Lac
    City of Fond du Lac

    NINETIETH ASSEMBLY DISTRICT

    Fond du Lac County:

    Town of Byron
    Town of Eldorado
    Town of Friendship
    Town of Lamartine
    Town of Oakfield
    Town of Rosendale
    Town of Springvale
    Town of Waupun
    Village of Oakfield
    Village of Rosendale

    Winnebago County:

    Town of Algoma
    Town of Black Wolf
    Town of Nekimi
    Town of Nepeuskun
    Town of Omro
    Town of Rushford
    Town of Utica
    City of Omro
    City of Oshkosh, Wards 35, 36, 38-40, 44, 45

    NINETY-FIRST ASSEMBLY DISTRICT

    Richland County:

    Richland County except that portion within the thirty-ninth Assembly District

    Sauk County:

    Sauk County except:
    Town of Greenfield
    Town of Merrimac
    Village of Merrimac
    City of Wisconsin Dells
    That portion within the thirty-eighth
    Assembly District

    NINETY-SECOND ASSEMBLY DISTRICT

    Columbia County

    Dodge County:

    Town of Westford
    Village of Randolph

    Sauk County:

    Town of Greenfield
    Town of Merrimac
    Village of Merrimac
    City of Wisconsin Dells

    *657NINETY-THIRD ASSEMBLY DISTRICT

    Dane County:

    Town of Berry
    Town of Black Earth
    Town of Cross Plains
    Town of Dane
    Town of Mazomanie
    Town of Middleton
    Town of Roxbury
    Town of Springfield
    Town of Vermont
    Town of Vienna
    Town of Westport
    Village of Black Earth
    Village of Cross Plains
    Village of Dane
    Village of Maple Bluff
    Village of Mazomanie
    Village of Waunakee
    City of Madison, Wards 15-18
    City of Middleton, except Ward 5

    NINETY-FOURTH ASSEMBLY DISTRICT

    Dane County:

    Village of Shorewood Hills
    City of Madison, Wards 50-66
    City of Middleton, Ward 5

    NINETY-FIFTH ASSEMBLY DISTRICT

    Dane County:

    Town of Madison
    City of Madison, Wards 30-32, 34-42, 44-49

    NINETY-SIXTH ASSEMBLY DISTRICT

    Dane County:

    City of Madison, Wards 6, 7,12,19-29,33, 43

    NINETY-SEVENTH ASSEMBLY DISTRICT

    Dane County:

    Town of Blue Mounds
    Town of Dunn
    Town of Fitchburg
    Town of Montrose
    Town of Oregon
    Town of Perry
    Town of Primrose
    Town of Rutland
    Town of Springdale
    Town of Verona
    Village of Belleville (part)
    Village of Blue Mounds
    Village of Brooklyn (part)
    Village of Mount Horeb
    Village of Oregon
    City of Verona

    Green County:

    Town of Brooklyn
    Town of Exeter
    Town of New Glarus
    Town of York
    Village of Belleville (part)
    Village of Brooklyn (part)
    Village of New Glarus

    Rock County:

    Town of Union
    City of Evansville

    NINETY-EIGHTH ASSEMBLY DISTRICT

    Dane County:

    Town of Burke
    Town of Blooming Grove
    Village of McFarland
    City of Madison, Wards 1-5, 8-11, 13, 14
    City of Monona
    City of Sun Prairie, Wards 7, 8

    NINETY-NINTH ASSEMBLY DISTRICT

    Dane County:

    Town of Albion
    Town of Bristol
    Town of Christiana
    Town of Cottage Grove
    Town of Deerfield
    Town of Dunkirk
    Town of Medina
    Town of Pleasant Spring
    Town of Sun Prairie
    Town of Windsor
    Town of York

    *658Village of Cambridge

    Village of Cottage Grove

    Village of Deerfield

    Village of DeForest

    Village of Marshall

    Village of Rockdale

    City of Stoughton

    City of Sun Prairie except Wards 7, 8 Jefferson County:

    Village of Cambridge (part)

    ORDER

    On page 17 of our reapportionment decision and order of June 9, 1982 we stated:

    “We have tried to be as accurate as possible in drafting our plan. For the reasons stated above, and due to the enormity of the task, however, we recognize the possibility that arithmetic and/or inclusion-exclusion error could slip into the final product. For this reason we request that Dr. H. Rupert Theobald, Chief of the Wisconsin Legislative Reference Bureau, review our plan as soon as possible and advise us if any corrections are necessary.”

    Dr. Theobald and his staff at the Wisconsin Legislative Reference Bureau reviewed our plan as requested and on June 15, 1982 we received his corrections. His corrections, copied and attached to this decision as Exhibit A, with the exception of the changes regarding the City of Brookfield are adopted by the court and the order of June 9, 1982 is accordingly amended to reflect the changes.

    Exhibit A advised us that on June 14, 1982, it was learned that the previously supplied ward population data for the City of Brookfield contained errors. Because our plan divided the city, the new data for Brookfield increased the population of our plan’s Assembly District 30 by 653 from 47,530 to 48,183. The new data reduced the population of our plan’s Assembly District 68 by 653 from 47,471 to 46,818.

    As originally contemplated by the court, the deviations in Assembly Districts 30 and 68 were a very acceptable 0% and .12%. With the data changes, the districts become the highest and lowest in our plan and we deem their deviation to be unacceptable. Accordingly, we order the following

    changes:

    AD SO loses City of Brookfield ward 16 and gains the City’s ward 17

    AD 68 loses City of Brookfield ward 17 and gains the City’s ward 16

    As a result of this shift, the new figures for the districts are as follows:

    AD 30 47,437 -94 -.20%
    AD 68 47,564 +33 +.07%

    The component lists for Assembly Districts 30 and 68 are amended to reflect this change, as are the Senate district figures for the districts that include AD 30 and AD 68. The changes do not affect the deviation range of the court’s plan which remains at 1.74%.

    In light of the foregoing, the following amendments to the plan are made:

    1. The description of the Thirtieth Assembly District, found at page (e) of the components list, is amended to read:
    THIRTIETH ASSEMBLY DISTRICT
    Waukesha County:
    Town of Brookfield
    City of Brookfield, wards 7, 10-13, 17-20
    City of New Berlin, except ward 21
    2. The description of the Sixty-eighth Assembly District, found at page (s) of the components list, is amended to read:
    SIXTY-EIGHTH ASSEMBLY DISTRICT
    Milwaukee County:
    City of Milwaukee, wards 296-298, 301, 302
    City of Wauwatosa, wards 9 and 21 Waukesha County:
    Village of Butler
    Village of Elm Grove
    Village of Menomonee Falls, wards 14, 18, 20
    City of Brookfield, wards 1-6, 8, 9, 14 — 16, 21-24
    3. The population statistics for Assembly Districts Thirty and Sixty-eight, found *659at pages i and ii respectively, are amended to read:
    Deviation from Norm People Percentage Assembly District Population
    30 47,437 -94 -.20%
    68 47,564 + 33 + .07%
    4. The population statistics for Senate Districts 10 and 23, found at pages II. and III. respectively, should read:
    SD 10
    AD 28 47,616
    AD 29 47,796
    AD 30 47,437
    142,849 + 258 + .1
    SD 23
    AD 67 47,198
    AD 68 47,564
    AD 69 47,125
    142,004 -587 -.41%
    (NOTE: The reference here is to Senate Districts 10 and 23 as found in the Court’s Reapportionment Plan of June 9, 1982. Because all Senate districts are renumbered later in this order, 10 will be changed to 28, and 23 will be changed to 33.)

    In addition to the changes announced above, several of the parties have moved that we adopt various changes in the numbering system used in our plan to designate Senate districts. The plaintiffs have also suggested that in one instance the grouping pattern of Assembly districts within a Senate district be changed. These matters were argued by the parties in court on June 15, 1982 and were taken under advisement.

    On page 16 of our decision of June 9,1982 with regard to incumbent residency we stated:

    “In our order of April 23, 1982 we reviewed some of the options available to us, including the option of drafting our own plan and stated: ‘In judicially enacting any plan, incumbent residency will not be a consideration of this court.’ We have been faithful to that pledge. At no time in the drafting of this plan did we consider where any incumbent legislator resides or whether our plan would inure to the political benefit of any one person or party.
    “While our plan has been drafted without incumbency considerations, we were mindful of the fact that the fall elections only call for the election of Senators presently holding odd numbered Senate seats. Consequently, the residents of Wisconsin presently living in even numbered Senate districts will not be electing Senators under our plan until 1984. To minimize the number of people affected by our plan as it relates to Senate districts, we have tried, as much as possible consistent with the principle of one person, one vote, to use even numbers for the Senate districts in our plan that roughly correspond to areas assigned to even numbered districts in the 1972 act.
    “Because all ninety-nine members of the state Assembly will be selected under this plan, we saw no reason to adhere to any numbering system for Assembly districts that related to the 1972 law.”

    The Democratic party leaders, intervenors Fred A. Risser and Ed G. Jackamonis, have argued in motion papers filed on June 15, 1982 that the court’s plan contains serious constitutional flaws because it “... provides no vote and no representation in the Senate for 713,225 Wisconsin residents from January, 1983 until January, 1985.” (Brief In Support Of Motion For Stay Pending Appeal, p. 2). While this change may have some emotional appeal, we believe it to be a house of cards that collapses when exposed to even the gentle breeze of cursory analysis. We believe the argument to be contrary to Wisconsin law (See: December 15, 1953 opinion of the Wisconsin Attorney General on the point) and contrary to common sense. The “serious errors,” however, can be corrected, according to the motion papers, by simply assigning different numbers to five Senate districts.

    In addition to the Democrats, other parties, particularly Governor Dreyfus, have suggested that the numbering system be changed. The changes are not urged to avoid error but rather to make our plan more consistent with the numbering system used in 1972. We believe the suggestions to have merit and because none of them go to the basic design or integrity of our plan we adopt them and order the following:

    *660SD 1 in the court’s plan is renumbered SD 7
    2 t* n a tt u u n 4
    0 tt ft tt tt tt U ft 0
    4 u tt tt u u tt u ^
    g a it tt tt tt tt tt 0
    0 ti ti tt tt tt ti tt g
    rj it tt tt tt n tt tt 22
    g u tt tt tt tt tt tt 22
    0 a tt it if it it it 25
    2Q a it it tt a tt tt 23
    22 « tt tt tt n tt tt 23
    12 “ “ “ “ “ “ “ 32
    20 << tt a tt n tt tt 2y
    24 n a a a tt a tt 2q
    20 a tt tt a tt u a 02
    20 « tt tt u tt tt tt 22
    2rj tt tt tt tt it tt tt 25
    18...... “ “ “ “ 30
    20 tt tt tt u u tt tt 23
    2Q tt u tt tt u << tt 24
    21 “ “ “ “ “ “ “ 29
    22 « a t* a a a a 21
    20 n tt tt n u u tt 00
    24 a tt n u tt tt u 20
    20 a n tt u u u tt 2
    20 tt a n tt u a n 0
    2^ a i* a *t a a a 29
    2g a a a a n a n 2
    29 “ “ “ “ “ “ “ 14
    30 ...... “ ......18
    32 i* a a tt tt tt a cpj
    32 a a a n << u u 20
    33 « << a tt tt tt tt 20

    Consistent with these numerical changes, we believe it appropriate that changes be made in the components of four of the Senate districts as renumbered. Therefore, the following four changes are made:

    1. Senate District 2 as renumbered by this order shall consist of Assembly Districts 54, 82, 83
    2. Senate District 30 as renumbered by this order shall consist of Assembly Districts 52, 53, and 84.
    3. Senate District 12 as renumbered by this order shall consist of Assembly Districts 46, 48, and 61
    4. Senate District 29 as renumbered by this order shall consist of Assembly Districts 47, 62, and 63.

    The changes in Senate Districts 2 and 30 as renumbered were suggested by the Democrats. The changes in Senate Districts 12 and 29 as renumbered were not suggested by anyone but appear to us to be consistent with the theory espoused by the Democrats and obviate the Republican suggestion that we issue an order allowing Senator Clifford Krueger to reside outside of his district.

    We request that Dr. Theobald incorporate the changes ordered herein into his previously prepared analysis and submit an amended analysis to us as soon as possible.

    SO ORDERED.

    EXHIBIT A

    APPARENT TECHNICAL ERRORS:

    The review of the court’s redistricting plan by the legislative reference bureau (LRB) was limited to an independent recompiling, from the text and maps supplied with the court's order, of the text describing each assembly district and the statistics of population for that district.

    In making this review, 7 types of errors were encountered:

    (1) OMISSIONS.

    A.Dist.29 Assembly district 29 contains the town of Vernon in Waukesha county. The town surrounds the village of Big Bend. Inasmuch as both the court and the LRB established the identical district population number — 47,796—the failure to list the village as one of the components of the district as shown on page “(e)” appears to have been an inadvertent omission.

    A.Dist.41 Assembly district 41 contains the town of Cady in St. Croix county. The town surrounds that part of the village of Spring Valley which is located in St. Croix county (the remainder of the territory of the village of Spring Valley, including the entire population of that village, is located in Pierce county). The failure to list the St. Croix county part in the components of the assembly district as shown on page “(i)” does not affect the population total — 47,818 —for A.Dist.41.

    (2) APPARENT ERRORS IN ADDITION. In two cases, the LRB was unable to find a reason why the numbers compiled by the LRB did not agree with those published by the court:

    A.Dist.6 Court: 47,509; LRB: 47,533. Difference: 24.

    *661A.Dist.31 Court: 47,586; LRB: 47,587. Difference: 1.

    (3) ADJUSTMENTS BASED ON CENSUS CHANGES. All other differences in population numbers appear attributable to the successive census corrections of November 16, 1981, and May 24, 1982:

    A.Dist.l No difference. The 5/24/82 shift of 24 persons was allocated to ward 271 of the city of Milwaukee and ward 1 of the city of St. Francis. Detailed census information will not be available until July.

    A.Dist.64 ■ Court: 47,657; LRB: 47,611. Difference: 46. See A.Dist.65.

    A.Dist.65 Court: 47,471; LRB: 47,517. Difference: 46. The 5/24/82 census corrections contained a 46-person adjustment affecting the city and town of Waukesha. Inasmuch as A.Dist.64 contains the entire town of Waukesha, the adjustment was allocated to ward 26 of the city of Waukesha.

    A.Dist.76 Court: 47,316; LRB: 47,327. Difference: 11. The 11/16/81 census corrections contained an 11-person adjustment affecting the town of Liberty and the village of Valders in Manitowoc county. The difference appears to have been attributable to that shift. However, while the court and LRB disagree on the A.Dist.76 population containing the town of Liberty, both agree on the population number for A.Dist. 74 — 47,363—containing the village of Valders.

    A.Dist.79 Court: 47,788; LRB: 47,681. Difference: 107. The 5/24/82 census corrections contained a 107-person reduction in the Outagamie county population of the city of Appleton and a 38-person increase in the population of the town of Grand Chute in that county. Since the entire town and a large part of the city are both in this assembly district, the Appleton reduction was allocated to ward 17. Census detail will not be available until July.

    A.Dist.90 Court: 47,750 — LRB: 47,779. Difference: 29. The 11/16/81 census corrections contained a 29-person increase in the population of the town of Algoma in Winnebago county.

    (4) CITY OF BROOKFIELD.

    A.Dists.30 and 68 As contained in the court’s plan, the 2 assembly districts divide the city of Brookfield in Waukesha county. Based on the ward population data for that city then available, the court and LRB agree on the population totals for A.Dist.30 (47,530) and A.Dist.68 (47,471) and corresponding Senate Districts 10 and 23. On 6/14/82, LRB learned that the city of Brookfield ward population data contained errors. Using the newly-corrected population information, the population of A.Dist.30 is increased by 653 to 48,183, and the population of A.Dist.68 is reduced by 653 to 46,818.

    (5) TERMINOLOGY.

    A.Dists.34 and 35 The “wards” of the city of La Crosse used in the court’s order appear to be the supervisory district wards used by the county. A different ward plan promulgated by the city is under litigation.

    (6) MISLABELED MUNICIPALITIES.

    A.Dist.21 Sturtevant, in Racine county, is a village (not a city); see page “(c)” of the court’s order.

    A.Dist.41 Knapp, in Dunn county, is a village (not a town); see page “(h)” of the court’s order.

    A.Dist.44 Augusta, in Eau Claire county, is a city (not a village); see page “(i)” of the court’s order.

    A.Dist.48 Gresham and Tigerton, in Shawano county, are villages (not cities); see page “(k)” of the court’s order.

    A.Dist.54 Bonduel, in Shawano county, is a village (not a town); see page “(n)” of the court’s order.

    A.Dist.63 Hatley, in Marathon county, is a village (not a town); see page “(r)” of the court’s order.

    A.Dist.69 Lannon, in Waukesha county, is a village (not a town); see page “(s)” of the court’s order.

    A.Dist.70 Grafton, in Ozaukee county, is a village (not a city); see page “(s)” of the court’s order.

    *662A.Dist.72 The town and village of Fredonia are in Ozaukee county; (not Washington county); see page “(t)” of the court’s order.

    A.Dist.88 Brownsville, in Dodge county, is a village (not a town); see page “(y)” of the court’s order.

    (7) MAP CORRECTIONS.

    A.Dist.88 The district, in the Brown county/Outagamie county area, was not shown on either map panel “M2a” or “M2b” of the court’s order.

    Senate District 10, as shown on map panel “M3b”, failed to include the western part of the city of Oak Creek which is correctly shown as a part of A.Dist.28 on map panel “M16”.

    . For example, the hastily conceived plan (LRB-5659/1 as amended by LRBa5675/l and LRBa5674/l) has an assembly deviation range of 6.02%, a rate that may very well be constitutionally unacceptable, as the deviations do not appear to be the result of efforts to adhere to a state policy directed toward maintaining the integrity of political subdivisions. See Mahan v. Howell, 410 U.S. 315, 93 S.Ct. 979, 35 L.Ed.2d 320 (1973).

    . The Constitution also requires adherence to precinct lines, but Wisconsin no longer has precincts.

    . The data compilations have not been challenged and are, for that reason, accepted as true.

    . The remaining city of Milwaukee split districts are number 6, with 25,142 city residents to 22,367 non-city, and number 68, where 9,664 city residents join residents of Waukesha County in forming a district.

    . We wish to note that two of our law clerks, Thomas R. Streifender, Case-Western Reserve University, A.B., 1970; Marquette University Law School, J.D., 1980; and William F. Brown, University of Wisconsin, B.A., 1977; Harvard University Law School, J.D., 1980, have worked closely with us on this project, and that *639their contributions to our efforts have been considerable.

    . On March 23, 1981, the state’s population was certified as 4,705,335. That figure was changed on November 16, 1981 to 4,705,767. The May 24, 1982 correction changed the population to the figure used in our plan, 4,705,521.

    . In a letter dated May 13, 1982, Judge Evans asked counsel for the Republican and Democratic parties to authorize Dr. Theobald to provide the court with technical assistance if it so desired. On May 17, 1982, Judge Evans received a letter signed by Assembly Speaker Ed Jackamonis, Senate President Fred Risser and minority party leaders State Representative Tommy Thompson and Senator Walter Chilsen granting the request. The letter from the party leaders, however, stated that Dr. Theobald and his staff, who are dependent on the legislature for such things as pay and budget, recognized that no plan could please every member of the legislature, and that they wished that steps be taken to avoid the appearance that they in any way influenced the courts’ decision. To avoid any appearance of influence, the party leaders suggested that a written record be made of any contacts between the court and the Bureau. Because we believed that working with this condition would not be in the courts’ interest, we declined to call upon Dr. Theobald or his staff for any technical assistance although the court did call the Bureau approximately eight times to obtain additional maps and census data or to verify conflicting statistical data.

Document Info

Docket Number: Civ. A. No. 82-C-0113

Citation Numbers: 543 F. Supp. 630, 1982 U.S. Dist. LEXIS 12854

Judges: Bauer, Evans, Gordon

Filed Date: 6/9/1982

Precedential Status: Precedential

Modified Date: 11/6/2024