2025 - 2026 LEGISLATURE
LRB-0302/1
MPG:amn&skw
2025 ASSEMBLY BILL 248
May 8, 2025 - Introduced by Representatives ALLEN, MAXEY, BEHNKE, BRILL,
BROOKS, GOEBEN, GREEN, GUNDRUM, KNODL, KREIBICH, MURPHY, O'CONNOR,
PENTERMAN, PIWOWARCZYK, STEFFEN and WICHGERS, cosponsored by
Senators BRADLEY, QUINN, CABRAL-GUEVARA, FEYEN, MARKLEIN and NASS.
Referred to Committee on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 17.03 (10m) of the statutes; relating to: vacancies in
appointive state offices.
Analysis by the Legislative Reference Bureau
Under current law, vacancies in public office may occur in a number of ways,
including when the incumbent resigns, dies, or is removed from office, or, in the
case of elected office, when the incumbent[s term expires. However, as the
Wisconsin Supreme Court held in State ex rel. Kaul v. Prehn, 2022 WI 50, expiration
of an incumbent[s term of office does not create a vacancy if the office is filled by
appointment for a fixed term. Absent a vacancy or removal for cause, these
incumbents may remain in office until their successors are appointed and qualified.
Under this bill, a vacancy in public office is created if the office is an
appointive state office for a fixed term and the incumbent[s term expires.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 17.03 (10m) of the statutes is created to read:
17.03 (10m) If the office is an appointive state office for a fixed term, the
incumbent[s term expires. In this subsection, Xappointive state officeY means an
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5 2025 - 2026 Legislature
ASSEMBLY BILL 248
- 2 - LRB-0302/1
MPG:amn&skw
SECTION 1
appointive office of any department, agency, board, office, commission, authority, or
other body in state government created or authorized to be created by the
constitution or any law, but not including the legislature and the courts.
(END)
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