| 1 | 1 | | LRB-4285/1 |
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| 2 | 2 | | MPG:amn |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 476 |
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| 5 | 5 | | October 12, 2023 - Introduced by Representatives MAGNAFICI, BEHNKE, BRANDTJEN, |
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| 6 | 6 | | BROOKS, EDMING, GOEBEN, GREEN, GUNDRUM, GUSTAFSON, KITCHENS, |
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| 7 | 7 | | MICHALSKI, MURPHY, O'CONNOR, ROZAR, SCHUTT and STEFFEN, cosponsored by |
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| 8 | 8 | | Senators TOMCZYK, BALLWEG and JAMES. Referred to Committee on Campaigns |
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| 9 | 9 | | and Elections. |
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| 10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 11 | 11 | | AN ACT to amend 17.19 (4) of the statutes; relating to: filling vacancies in |
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| 12 | 12 | | elective state offices in the executive branch. |
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| 13 | 13 | | Analysis by the Legislative Reference Bureau |
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| 14 | 14 | | Currently, the governor fills by appointment all vacancies in the offices of |
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| 15 | 15 | | secretary of state, treasurer, attorney general, and state superintendent of public |
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| 16 | 16 | | instruction. The person appointed to fill any such vacancy is not subject to senate |
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| 17 | 17 | | confirmation and holds office until a successor is elected by special election and |
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| 18 | 18 | | qualified. If no special election is held, the person appointed by the governor holds |
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| 19 | 19 | | office for the remainder of the unexpired term. |
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| 20 | 20 | | This bill eliminates the ability of the governor to fill vacancies in these offices |
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| 21 | 21 | | by appointment without senate confirmation, instead providing that the vacancies |
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| 22 | 22 | | are filled by special election. However under the bill, if a vacancy occurs in any of |
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| 23 | 23 | | these offices on or after January 1 of a year in which there is a regularly scheduled |
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| 24 | 24 | | election for the office, the vacancy must be filled by nomination of the governor and |
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| 25 | 25 | | appointment with the advice and consent of the senate of a person to serve the |
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| 26 | 26 | | remainder of the unexpired term. |
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| 27 | 27 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 28 | 28 | | enact as follows: |
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| 29 | 29 | | SECTION 1. 17.19 (4) of the statutes is amended to read: |
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| 32 | 32 | | 3 - 2 -2023 - 2024 Legislature LRB-4285/1 |
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| 33 | 33 | | MPG:amn |
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| 34 | 34 | | SECTION 1 ASSEMBLY BILL 476 |
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| 35 | 35 | | 17.19 (4) OTHER ELECTIVE STATE OFFICERS. In the office of secretary of state, |
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| 36 | 36 | | treasurer, attorney general, or state superintendent, by appointment as provided in |
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| 37 | 37 | | s. 8.50, except that a vacancy occurring in such office on or after January 1 of a year |
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| 38 | 38 | | in which there is a regularly scheduled election for the office shall be filled by |
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| 39 | 39 | | nomination of the governor, and a person so appointed shall hold office until a |
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| 40 | 40 | | successor is elected, as provided in s. 8.50, and qualifies, but if no such election is |
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| 41 | 41 | | held, the person so appointed shall hold office for appointment with the advice and |
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| 42 | 42 | | consent of the senate to serve the residue of the unexpired term. The governor may |
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| 43 | 43 | | not fill any vacancy under this subsection with a provisional appointment. |
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| 44 | 44 | | (END) |
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