Assembly Bill 248 proposes to amend the statutes regarding vacancies in appointive state offices. Currently, vacancies can arise from various circumstances, but a recent Wisconsin Supreme Court ruling clarified 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 explicitly stating that a vacancy is created when the term of an incumbent in an appointive state office for a fixed term expires.
The new legal language introduced in the bill defines an "appointive state office" as any office within state government created or authorized by the constitution or law, excluding the legislature and the courts. This change aims to ensure that when an incumbent's term ends, a vacancy is recognized, allowing for the appointment of a successor without ambiguity.