2023 - 2024 LEGISLATURE
LRB-4285/1
MPG:amn
2023 ASSEMBLY BILL 476
October 12, 2023 - Introduced by Representatives MAGNAFICI, BEHNKE, BRANDTJEN,
BROOKS, EDMING, GOEBEN, GREEN, GUNDRUM, GUSTAFSON, KITCHENS,
MICHALSKI, MURPHY, O'CONNOR, ROZAR, SCHUTT and STEFFEN, cosponsored by
Senators TOMCZYK, BALLWEG and JAMES. Referred to Committee on Campaigns
and Elections.
1 AN ACT to amend 17.19 (4) of the statutes; relating to: filling vacancies in
2 elective state offices in the executive branch.
Analysis by the Legislative Reference Bureau
Currently, the governor fills by appointment all vacancies in the offices of
secretary of state, treasurer, attorney general, and state superintendent of public
instruction. The person appointed to fill any such vacancy is not subject to senate
confirmation and holds office until a successor is elected by special election and
qualified. If no special election is held, the person appointed by the governor holds
office for the remainder of the unexpired term.
This bill eliminates the ability of the governor to fill vacancies in these offices
by appointment without senate confirmation, instead providing that the vacancies
are filled by special election. However under the bill, if a vacancy occurs in any of
these offices on or after January 1 of a year in which there is a regularly scheduled
election for the office, the vacancy must be filled by nomination of the governor and
appointment with the advice and consent of the senate of a person to serve the
remainder of the unexpired term.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
3 SECTION 1. 17.19 (4) of the statutes is amended to read:
 2023 - 2024 Legislature -2- LRB-4285/1
MPG:amn
ASSEMBLY BILL 476 SECTION 1
1 17.19 (4) OTHER ELECTIVE STATE OFFICERS. In the office of secretary of state,
2 treasurer, attorney general, or state superintendent, by appointment as provided in
3 s. 8.50, except that a vacancy occurring in such office on or after January 1 of a year
4 in which there is a regularly scheduled election for the office shall be filled by
5 nomination of the governor, and a person so appointed shall hold office until a
6 successor is elected, as provided in s. 8.50, and qualifies, but if no such election is
7 held, the person so appointed shall hold office for appointment with the advice and
8 consent of the senate to serve the residue of the unexpired term. The governor may
9 not fill any vacancy under this subsection with a provisional appointment.
10 (END)


Statutes affected:
Text as Enrolled: 17.19(4), 17.19
Bill Text: 17.19(4), 17.19