summary
Introduced
05/08/2025
05/08/2025
In Committee
05/08/2025
05/08/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
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.
AI Summary
This bill modifies Wisconsin state law to clarify when a vacancy occurs in appointive state offices with fixed terms. Specifically, the bill establishes that when an incumbent's term in an appointive state office expires, it now constitutes a formal vacancy. The bill defines an "appointive state office" as any appointed position within a state department, agency, board, commission, authority, or other governmental body created by the constitution or law, but explicitly excludes positions in the legislature and courts. This change stems from a 2022 Wisconsin Supreme Court decision (State ex rel. Kaul v. Prehn) which previously held that term expiration did not automatically create a vacancy if the office was filled by appointment for a fixed term. By creating this new provision, the bill ensures that when a fixed-term appointive state office holder's term ends, the position is considered vacant, potentially allowing for a new appointment or replacement.
Committee Categories
Government Affairs
Sponsors (22)
Scott Allen (R)*,
Elijah Behnke (R)*,
Lindee Brill (R)*,
Robert Brooks (R)*,
Joy Goeben (R)*,
Chanz Green (R)*,
Rick Gundrum (R)*,
Dan Knodl (R)*,
Rob Kreibich (R)*,
Dave Maxey (R)*,
Dave Murphy (R)*,
Jerry O'Connor (R)*,
William Penterman (R)*,
Jim Piwowarczyk (R)*,
David Steffen (R)*,
Chuck Wichgers (R)*,
Julian Bradley (R),
Rachael Cabral-Guevara (R),
Dan Feyen (R),
Howard Marklein (R),
Steve Nass (R),
Romaine Quinn (R),
Last Action
Read first time and referred to Committee on State Affairs (on 05/08/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab248 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB248.pdf |
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