LRB-1283/1
JK:ahe
2019 - 2020 LEGISLATURE
March 21, 2019 - Introduced by Representatives Brooks, Knodl, Murphy, Subeck
and Wichgers, cosponsored by Senators Stroebel, Bernier and Nass.
Referred to Committee on Campaigns and Elections.
AB89,1,3
1An Act to renumber and amend 17.23 (1) (a), 17.23 (1) (b), 17.23 (1) (c) and
217.24 (2);
to amend 17.23 (1) (intro.); and
to create 17.23 (1) (e) and 17.24 (3)
3of the statutes;
relating to: vacancies in elective offices in cities and villages.
Analysis by the Legislative Reference Bureau
This bill reorganizes the statutes prescribing the methods for filling vacancies
in elective offices in cities and villages. Under current law and under the bill, a
special election to fill a vacancy in a city or village office may be held as follows:
1. If the vacancy occurs no later than December 1, the municipality holds the
special election concurrently with the spring election.
2. If the vacancy occurs after December 1, the municipality holds the special
election concurrently with the spring election in the following year.
3. If the vacancy occurs no later than June 1, the municipality holds the special
election concurrently with the general election.
4. If the vacancy occurs after June 1, the municipality holds the special election
concurrently with the general election in the following year.
The bill also clarifies that a vacancy in an elective office in a city and village may
be filled by appointing a successor to serve for the residue of the unexpired term or
until a special election is held or the office may remain vacant until an election is
held.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB89,1
1Section
1. 17.23 (1) (intro.) of the statutes is amended to read:
AB89,2,42
17.23
(1) General and special charter cities. (intro.)
Vacancies Except as
3provided in s. 9.10, vacancies in offices of cities operating under the general law or
4special charter shall be filled as follows:
AB89,2
5Section 2
. 17.23 (1) (a) of the statutes is renumbered 17.23 (1) (a) 1. and
6amended to read:
AB89,2,127
17.23
(1) (a) 1. In cities of the 2nd, 3rd, or 4th class, in the office of mayor,
except
8as provided in s. 9.10, by appointment by the common council
may appoint a
9successor. The successor shall serve for the residue of the unexpired term unless
the
10common council orders a special election
is ordered by the common council, in which
11case. If the common council orders a special election, the person appointed shall
12serve until his or her successor is elected and qualified.
AB89,2,15
132. In
cities of the 2nd, 3rd, or 4th class, in the office of alderperson,
by the
14common council
, except as provided in s. 9.10. A person so appointed shall may
15appoint a person to hold office until a successor is elected and qualified.
AB89,2,18
163. Unless otherwise ordered by the common council, a successor
shall may be
17elected for the residue of the unexpired term
on the first Tuesday of April next after 18as follows:
AB89,2,21
19a. If the vacancy happens
, in case it happens no later than December 1
20preceding the
first Tuesday in April, but if
spring election, the city shall hold the
21special election concurrently with the spring election.
AB89,3,2
22b. If the vacancy happens after December 1 preceding the
first Tuesday in April
23and before that day, then the successor shall be elected on the first Tuesday in April 24of the next ensuing year. The common council may, if spring election, the city shall
1hold the special election concurrently with the spring election of the next ensuing
2year.
AB89,3,7
3c. If a vacancy occurs before June 1 in the year preceding expiration of the term
4of office,
order a the city may hold the special election
to fill a vacancy to be held on
5the Tuesday after the first Monday in November concurrently with the general
6election following the date of the order.
A person so elected shall serve for the residue
7of the unexpired term.
AB89,3
8Section 3
. 17.23 (1) (b) of the statutes is renumbered 17.23 (1) (b) 1. and
9amended to read:
AB89,3,1910
17.23
(1) (b) 1. In 1st class cities, in the office of mayor,
except as provided in
11s. 9.10, the vacancy shall be filled by the president of the common council
as is the 12acting mayor until
a successor is elected at a special election
can be held under this
13paragraph. In such case, the acting mayor may continue to serve as president of the
14common council, in addition to exercising the powers and responsibilities of the office
15of mayor, until such time as a new mayor is elected and qualified, but the acting
16mayor may not take part in any vote of the common council during that period.
The
17common council shall order a special election for the office of mayor as promptly as
18possible, unless the vacancy occurs within 120 days of the expiration of the mayor's
19term of office.
AB89,4,2
202. In
1st class cities, in the office of alderperson, by special election
, except as
21provided in s. 9.10. When a mayor is temporarily appointed, the common council
22shall order a special election for the office of mayor under s. 8.50 as promptly as
23possible, unless the vacancy occurs within 120 days of the expiration of the mayor's
24term of office. When. Except as provided in subd. 3. or 4., when an aldermanic seat
25becomes vacant, a successor
shall may be elected for the residue of the unexpired
1term
on the first Tuesday of April or the Tuesday after the first Monday in November
2next after the vacancy happens, in case it as follows:
AB89,4,4
3a. If the vacancy happens no later than December 1
or preceding the spring
4election, the city shall hold the special election concurrently with the spring election.
AB89,4,7
5b. If the vacancy happens no later than June 1 preceding
that day, but if the
6general election, the city shall hold the special election concurrently with the general
7election.
AB89,4,10
8c. If the vacancy happens after December 1
or preceding the spring election, the
9city shall hold the special election concurrently with the spring election of the next
10ensuing year.
AB89,4,14
11d. If the vacancy happens after June 1 preceding
that day, then the successor
12shall be elected on the following first Tuesday in April or Tuesday after the first
13Monday in November; but no the general election, the city shall hold the special
14election concurrently with the next general election.
AB89,4,16
153. No special election to fill a vacancy in
such the office
of alderperson may be
16held at the time of holding the regular election for that office.
In addition, the
AB89,4,20
174. The president of the common council of any 1st class city may order a special
18election to be held
, as provided under s. 8.50
, to fill
a the vacant
aldermanic seat
of
19an alderperson prior to the time when that seat is required to be filled
under this
20paragraph.
AB89,4,24
215. If a special election
to fill the vacant seat of an alderperson is held
under this
22paragraph after a redistricting plan is adopted, the
election city shall
be held hold
23the election in the aldermanic district as it existed when the office was filled at the
24last preceding election.
AB89,4
1Section
4. 17.23 (1) (c) of the statutes is renumbered 17.23 (1) (c) 1. and
2amended to read:
AB89,5,83
17.23
(1) (c) 1.
In Except as provided in subd. 2., in the office of any other
4elective officer,
and except as provided in s. 9.10, by appointment by the mayor
5subject to confirmation by the common council, for the residue of the unexpired term
6unless a special election is ordered by the common council
, except that in. A person
7appointed and confirmed under this subdivision shall hold office until a successor is
8elected, as provided under par. (a), and qualified.
AB89,5,14
92. In case of vacancies in the office of any
such other officer of a 1st class city
10who is authorized by law to have a deputy,
such
the deputy shall perform the duties
11of
such the office
, and shall be entitled to the emoluments of
such
the office during
12the remainder of the term.
A person so appointed and confirmed shall hold office
13until a successor is elected and qualifies. The successor shall be elected as provided
14in par. (a).
AB89,5
15Section 5
. 17.23 (1) (e) of the statutes is created to read:
AB89,5,1816
17.23
(1) (e) For purposes of pars. (a) and (b), a vacancy may be filled by
17appointing a successor to serve for the residue of the unexpired term or until a special
18election is held or an office may remain vacant until an election is held.
AB89,6
19Section 6
. 17.24 (2) of the statutes is renumbered 17.24 (2) (intro.) and
20amended to read:
AB89,5,2421
17.24
(2) (intro.) Except as provided in s. 8.50
(4) (fm), a vacancy in any elective
22office in a village may be filled by special election of a successor for the residue of the
23unexpired term
on the first Tuesday of April next after the vacancy happens, if it as
24follows:
AB89,6,3
1(a) If the vacancy happens no later than December 1 preceding the
first
2Tuesday in April, but if spring election, the village shall hold the special election
3concurrently with the spring election.
AB89,6,7
4(b) If the vacancy happens after December 1 preceding the
first Tuesday of
5April, then the successor shall be elected on the first Tuesday of April of the next
6ensuing year, and if spring election, the village shall hold the special election
7concurrently with the spring election of the next ensuing year.
AB89,6,12
8(c) If the vacancy occurs before June 1 of the year preceding the expiration of
9the term of office, the village board of trustees may order a special election to fill the
10vacancy to be held
on the Tuesday after the first Monday in November concurrently
11with the general election following the date of the order.
A person so elected shall
12serve for the remainder of the unexpired term.
AB89,7
13Section 7
. 17.24 (3) of the statutes is created to read:
AB89,6,1614
17.24
(3) For purposes of subs. (1) and (2), a vacancy may be filled by appointing
15a successor to serve for the residue of the unexpired term or until a special election
16is held or an office may remain vacant until an election is held.