summary
Introduced
05/09/2025
05/09/2025
In Committee
05/09/2025
05/09/2025
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 clarifies the definition of a vacancy in appointive state offices by creating a new statutory provision that specifically addresses term expirations. Under current law, as interpreted by the Wisconsin Supreme Court in the Kaul v. Prehn case, the expiration of an incumbent's fixed-term appointment did not automatically create a vacancy, allowing officials to remain in office until their successors were appointed and qualified. The new bill defines an "appointive state office" as any appointed position within state government departments, agencies, boards, commissions, or authorities (excluding the legislature and courts), and establishes that when an incumbent's fixed-term appointment expires, it now constitutes a formal vacancy. This change effectively means that appointed state officials cannot automatically continue serving beyond their original term and creates a more definitive process for transitioning leadership in state appointive positions.
Committee Categories
Government Affairs
Sponsors (23)
Julian Bradley (R)*,
Rachael Cabral-Guevara (R)*,
Dan Feyen (R)*,
Howard Marklein (R)*,
Steve Nass (R)*,
Romaine Quinn (R)*,
Cory Tomczyk (R)*,
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),
Last Action
Read first time and referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs (on 05/09/2025)
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/sen/bill/sb249 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB249.pdf |
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