Assembly Bill 248 proposes to amend the current law regarding vacancies in appointive state offices in Wisconsin. Under existing law, a vacancy can occur due to various reasons such as resignation, death, or removal from office. However, a recent ruling by the Wisconsin Supreme Court 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 bill introduces a new section, 17.03 (10m), which defines a vacancy in the context of appointive state offices. It specifies that if the office is an appointive state office for a fixed term and the incumbent's term expires, a vacancy is created. The definition of "appointive state office" includes 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 there is clarity regarding the status of appointive offices when terms expire, facilitating the appointment of successors in a timely manner.