Assembly Bill 248 aims to clarify the definition of a vacancy in appointive state offices in Wisconsin. Currently, vacancies can arise from various circumstances, but a recent Wisconsin Supreme Court ruling indicated that the expiration of an incumbent's term does not constitute a vacancy if the office is filled by appointment for a fixed term. This bill seeks to address that by establishing that a vacancy is created when the term of an incumbent in an appointive state office for a fixed term expires.
The bill introduces new legal language under section 17.03 (10m) of the statutes, specifying that if an appointive state office's term expires, a vacancy is created. The term "appointive state office" is defined to include any office within state government, excluding the legislature and the courts. This change aims to ensure that there is a clear process for filling vacancies in appointive state offices when terms expire, thereby enhancing the continuity of governance in Wisconsin.