LRBs0052/1
JK:ahe
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 108
June 5, 2019 - Offered by Senator Stroebel.
SB108-SSA1,1,4 1An Act to repeal 17.23 (1) (a), 17.23 (1) (bm) and (c) and 17.24 (2); to renumber
2and amend
17.23 (1) (intro.), 17.23 (1) (b), 17.23 (1) (d) and 17.24 (1); and to
3amend
8.50 (4) (fm), 17.23 (2) (a) 1., 17.27 (1m) and 64.05 (2) of the statutes;
4relating to: vacancies in elective offices in cities and villages.
Analysis by the Legislative Reference Bureau
This bill provides that a vacancy in an elective office in a city or 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.
Current law specifies, in detail, the timing for holding a special election to fill
a vacancy in an elective office in a city or village. The bill eliminates those provisions
and simply states that the common council or village board may fill a vacancy by
special election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB108-SSA1,1 5Section 1. 8.50 (4) (fm) of the statutes is amended to read:
SB108-SSA1,2,13
18.50 (4) (fm) A permanent vacancy in the office of municipal judge may be filled
2by temporary appointment of the municipal governing body, or, if the judge is elected
3under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the
4judge. The office shall then be permanently filled by special election , which shall be
5held concurrently with the next spring election following the occurrence of the
6vacancy, except that a vacancy occurring during the period after December 1 and on
7or before the date of the spring election shall be filled at the 2nd succeeding spring
8election, and except that the governing body of a city or village or, if the judge is
9elected under s. 755.01 (4), the governing bodies of the participating cities or villages
10may, if the vacancy occurs before April 15 in the year preceding expiration of the term
11of office, order a special election to be held on the Tuesday after the first Monday in
12November following the date of the order
. A person so elected shall serve for the
13residue of the unexpired term.
SB108-SSA1,2 14Section 2. 17.23 (1) (intro.) of the statutes is renumbered 17.23 (1) and
15amended to read:
SB108-SSA1,2,2116 17.23 (1) General and special charter cities. Vacancies Except as provided
17in sub. (1b) and s. 9.10, vacancies
in offices of cities operating under the general law
18or special charter shall may be filled as follows: by the common council, by majority
19vote, appointing a successor to serve for the residue of the unexpired term or until
20a special election is held, as ordered by the common council under s. 8.50, or an office
21may remain vacant until an election is held.
SB108-SSA1,3 22Section 3 . 17.23 (1) (a) of the statutes is repealed.
SB108-SSA1,4 23Section 4 . 17.23 (1) (b) of the statutes is renumbered 17.23 (1b) and amended
24to read:
SB108-SSA1,3,25
117.23 (1b) First class cities . In 1st class cities, in the office of mayor, except
2as provided in s. 9.10, the vacancy shall be filled by the president of the common
3council as acting mayor until a special election can be held under this paragraph.
4In such case, the acting mayor may continue to serve as president of the common
5council, in addition to exercising the powers and responsibilities of the office of
6mayor, until such time as a new mayor is elected and qualified, but the acting mayor
7may not take part in any vote of the common council during that period. In A vacancy
8in
the office of alderperson, shall be filed by special election, except as provided in s.
99.10. When a mayor is temporarily appointed, the common council shall order a
10special election for the office of mayor under s. 8.50 as promptly as possible, unless
11the vacancy occurs within 120 days of the expiration of the mayor's term of office.
12When an aldermanic seat becomes vacant, a successor shall may be elected for the
13residue of the unexpired term on the first Tuesday of April or the Tuesday after the
14first Monday in November next after the vacancy happens, in case it happens no later
15than December 1 or June 1 preceding that day, but if the vacancy happens after
16December 1 or June 1 preceding that day, then the successor shall be elected on the
17following first Tuesday in April or Tuesday after the first Monday in November;
, but
18no election to fill a vacancy in such office may be held at the time of holding the
19regular election for that office. In addition, the The common council or the president
20of the common council of any 1st class city may order a special election to be held
21under s. 8.50 to fill a vacant aldermanic seat prior to the time when that seat is
22required to be filled under this paragraph
. If a special election is held under this
23paragraph subsection after a redistricting plan is adopted, the election shall be held
24in the aldermanic district as it existed when the office was filled at the last preceding
25election.
SB108-SSA1,5
1Section 5. 17.23 (1) (bm) and (c) of the statutes are repealed.
SB108-SSA1,6 2Section 6. 17.23 (1) (d) of the statutes is renumbered 17.23 (1m) and amended
3to read:
SB108-SSA1,4,74 17.23 (1m) Appointive offices. In Vacancies in appointive offices, in cities may
5be filled
by appointment for the residue of the unexpired term by the appointing
6power and in the manner prescribed by law for making regular full term
7appointments thereto.
SB108-SSA1,7 8Section 7 . 17.23 (2) (a) 1. of the statutes is amended to read:
SB108-SSA1,4,169 17.23 (2) (a) 1. In the office of mayor or other member of the council, except as
10provided in s. 9.10, in the manner provided in sub. (1) (a). In the office of municipal
11judge, in the manner provided in s. 8.50 (4) (fm). On failure of the council to make
12an appointment under sub. (1) (a) for 30 days after the vacancy exists the city
13engineer shall be a temporary acting member of the council until such vacancy is
14filled in the manner provided by law, and shall have all the powers, prerogatives and
15duties of the vacant office except the right to vote to fill a vacancy in the office of
16mayor or council member.
SB108-SSA1,8 17Section 8. 17.24 (1) of the statutes is renumbered 17.24 and amended to read:
SB108-SSA1,4,23 1817.24 Vacancies in village offices. Except as provided in s. 9.10, a vacancy
19in any elective village office may be filled by appointment by a majority of the
20members of the village board for the residue of the unexpired term or until a special
21election is held under s. 8.50 (4) (fm) or sub. (2) , as ordered by the village board, or
22an office may remain vacant until an election is held
. A vacancy in an appointive
23office shall be filled in the same manner as the original appointment.
SB108-SSA1,9 24Section 9. 17.24 (2) of the statutes is repealed.
SB108-SSA1,10 25Section 10. 17.27 (1m) of the statutes is amended to read:
SB108-SSA1,5,5
117.27 (1m) Metropolitan sewerage commission. Vacancies in the office of any
2directly elected member of a metropolitan sewerage commission under s. 200.09 (11)
3(am) shall be filled by temporary appointment of the governor until a successor is
4elected and qualified. A successor shall be elected in the manner prescribed for filling
5vacancies in elective city offices under s. 17.23 (1) (a).
SB108-SSA1,11 6Section 11. 64.05 (2) of the statutes is amended to read:
SB108-SSA1,5,87 64.05 (2) A vacancy in the office of council member shall be filled as provided
8in s. 17.23 (1) (a).
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