Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB104 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
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5	5	2023 SENATE BILL 104
6	6	March 1, 2023 - Introduced by Senators TOMCZYK and BALLWEG, cosponsored by
7	7	Representatives SPIROS, ALLEN, ARMSTRONG, BALDEH, GUNDRUM, KITCHENS,
8	8	KRUG, MOSES, MURPHY, MURSAU, O'CONNOR, RATCLIFF and STEFFEN. Referred
9	9	to Committee on Government Operations, Elections and Consumer
10	10	Protection.
11	11	AN ACT to renumber and amend 17.16 (10); and to create 17.16 (10) (b) and
12	12	17.16 (10) (c) of the statutes; relating to: eligibility for local office following
13	13	removal.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law provides procedures by which appointive and elective officials of
16	16	political subdivisions may be removed from office. Current law also provides that an
17	17	official who is removed from office is ineligible to fill the vacancy created by that
18	18	removal. This bill provides that an elective official of a political subdivision who is
19	19	removed from office for cause or who resigns during the pendency of a removal
20	20	proceeding is ineligible for the elective public office from which the official was
21	21	removed. An elective official who resigns during the pendency of a removal
22	22	proceeding may regain eligibility by demonstrating to the removing power that the
23	23	official would not have been removed for cause and did not resign for purposes of
24	24	impeding the removal proceeding.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
27	27	SECTION 1. 17.16 (10) of the statutes is renumbered 17.16 (10) (a) and amended
28	28	to read:
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33	33	5 - 2 -2023 - 2024 Legislature LRB-1915/1
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35	35	SECTION 1 SENATE BILL 104
36	36	17.16 (10) (a) A person lawfully An official who is removed from office shall be
37	37	is ineligible to appointment or election to fill the vacancy caused by such the removal.
38	38	SECTION 2. 17.16 (10) (b) of the statutes is created to read:
39	39	17.16 (10) (b) An elected official of a city, village, town, or county who is removed
40	40	from office for cause or, except as provided under par. (c), who resigned from office
41	41	after written verified charges were filed under sub. (3) and before an order under sub.
42	42	(8) was issued is ineligible for the elective public office from which the official
43	43	resigned or was removed. This paragraph does not apply to a sheriff.
44	44	SECTION 3. 17.16 (10) (c) of the statutes is created to read:
45	45	17.16 (10) (c) 1. An elected official of a city, village, town, or county who resigned
46	46	from office after written verified charges were filed under sub. (3) and before an order
47	47	under sub. (8) was issued may apply to the removing power for restoration of the
48	48	official's eligibility for the elective public office from which the official resigned.
49	49	2. Upon application under subd. 1., the removing power shall hold a public
50	50	hearing at which the official shall have a full opportunity to be heard, personally and
51	51	by counsel. The issues at the hearing shall be limited to the following:
52	52	a. Whether the written verified charges filed under sub. (3) would have resulted
53	53	in the official being removed.
54	54	b. Whether the resignation was made for the purpose of impeding the removal
55	55	proceeding.
56	56	3. The removing power shall determine within 30 days after a hearing under
57	57	subd. 2. whether the official's eligibility for the elective public office from which the
58	58	official resigned should be restored. The removing power may not restore eligibility
59	59	under this subdivision unless it determines that the elected official would not have
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84	84	LRB-1915/1
85	85	EVM:skw
86	86	SECTION 3
87	87	SENATE BILL 104
88	88	been removed pursuant to the written verified charges and that the resignation was
89	89	not made for the purpose of impeding the removal proceeding.
90	90	(END)
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