Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB104

Introduced
3/1/23  
Refer
3/1/23  
Refer
7/10/23  
Report Pass
11/10/23  

Caption

Eligibility for local office following removal.

Impact

This legislation aims to enhance accountability among elected officials in Wisconsin by providing a structured process for determining eligibility after a removal. The proposed changes would discourage officials from resigning to avoid consequences and would allow for public hearings to assess the circumstances surrounding a removal. By implementing this process, the bill seeks to protect the integrity of local governance and ensure that officials are held accountable for their actions.

Summary

Senate Bill 104 addresses the eligibility of elected officials to hold office following their removal for cause or resignation during a removal proceeding. The bill seeks to amend current statutes related to the removal process, establishing a clearer framework for how officials can regain their eligibility after being removed or resigning. Specifically, individuals who are removed or resign while removal proceedings are underway would be barred from returning to the same position unless they can demonstrate that their removal was unjustified and that the resignation was not intended to obstruct the removal process.

Contention

Potential points of contention surrounding SB 104 may include concerns about the fairness and transparency of the hearing process for reinstating eligibility. Critics might argue that the requirement for a public hearing could expose former officials to public scrutiny and potential harassment, while supporters could advocate that the transparency fosters accountability. Furthermore, some might raise issues regarding the criteria for determining if an official deserves reinstatement, especially in cases where politics may play a role in the interpretation of 'cause' for removal.

Notable_points

The bill explicitly excludes sheriffs from these provisions, which could lead to debates regarding the treatment of different elected officials under similar circumstances. Additionally, the bill emphasizes the necessity of having clear, predefined standards for re-eligibility, promising to mitigate arbitrary decisions during removal proceedings. This focus on procedural clarity signifies a broader intent to navigate the political landscape with more defined checks and balances for elected roles.

Companion Bills

No companion bills found.

Previously Filed As

WI AB95

Eligibility for local office following removal.

WI HB2987

LOCAL OFFICER ELIGIBILITY ACT

WI HB370

Municipal elected officers; authorize removal of using the same process as removal of county elected officers.

WI HB1218

Municipal elected officers; authorize removal of using the same process as removal of county elected officers.

WI SB1328

Removal of officers; elected officers and officers appointed to elected office.

WI SB13

Prohibits an elected official who has been removed from office from filling the vacancy created by the removal. (8/1/24) (EN NO IMPACT See Note)

WI SB26

Removing ineligible voters from the official voter registration list. (FE)

WI AB21

Removing ineligible voters from the official voter registration list. (FE)

WI HB972

Elections; removal of officers, recall elections, petition for recall.

WI HB609

Local Health Officers - Removal - Process

Similar Bills

No similar bills found.