LRB-1994/1
JTK:wlj:pg
2003 - 2004 LEGISLATURE
March 5, 2003 - Introduced by Representatives Freese, Vrakas, Hines, Ladwig,
Ott, Kestell
and Albers, cosponsored by Senator Reynolds. Referred to
Committee on Campaigns and Elections.
AB118,1,4 1An Act to amend 8.50 (intro.), 8.50 (1) (a) and (b), 8.50 (2) (b), 8.50 (4) (fm), 17.21
2(3), 17.23 (1) (a) and (c), 17.24 (2), 17.25 (1) and 59.10 (3) (e) of the statutes;
3relating to: the method of filling vacancies in certain county, city, village, and
4town elective offices.
Analysis by the Legislative Reference Bureau
Currently, vacancies in the statutory offices of county clerk, treasurer, or
surveyor are filled by appointment of the county board of supervisors for the
remainder of the unexpired term. Vacancies in the office of county supervisor, except
in counties having a population of 500,000 or more (Milwaukee) and counties having
only one town (Menominee), are filled by the chairperson of the county board of
supervisors. Vacancies in the office of municipal judge are filled by temporary
appointment of the municipal governing body. Vacancies in the office of mayor or
alderperson in second, third, or fourth class cities are filled by temporary
appointment of the common council. Vacancies in most other city offices, including
offices in first class cities, are filled by temporary appointment of the mayor. If a
vacancy in the office of municipal judge or in a city office described above occurs on
or before December 1 preceding a spring election, it is filled at that election;
otherwise it is filled at the second succeeding spring election. Vacancies in village
offices are filled by the village board of trustees, except that if a vacancy occurs on
or before December 1 preceding a spring election the vacancy may be filled at that
election; otherwise it may be filled at the second succeeding spring election.

Vacancies in most town offices are filled by appointment of the town board of
supervisors.
This bill permits a county board of supervisors, common council, village board
of trustees, or town board of supervisors to order a special election to be held to fill
any of these vacancies in a county, city, village, or town office, respectively, if the
vacancy occurs before June 1 preceding expiration of the term of office. The election
is then held on the Tuesday after the first Monday in November following the date
of the order and the primary, if any, is held on the second Tuesday in September. If
a municipal judge serves more than one municipality, the bill requires any special
election to be called by the governing bodies of all municipalities served by the judge.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB118, s. 1 1Section 1. 8.50 (intro.) of the statutes is amended to read:
AB118,2,16 28.50 Special elections. (intro.) Unless otherwise provided, this section
3applies to filling vacancies in the U.S. senate and house of representatives, executive
4state offices except the offices of governor, lieutenant governor, and district attorney,
5judicial and legislative state offices, county, city, village, and town offices, and the
6offices of municipal judge and member of the board of school directors in school
7districts organized under ch. 119. State legislative offices may be filled in
8anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No
9special election may be held after February 1 preceding the spring election unless it
10is held on the same day as the spring election, nor after September 1 preceding the
11general election unless it is held on the same day as the general election, until the
12day after that election. If the special election is held on the day of the general
13election, the primary for the special election, if any, shall be held on the day of the
14September primary. If the special election is held on the day of the spring election,
15the primary for the special election, if any, shall be held on the day of the spring
16primary.
AB118, s. 2 17Section 2. 8.50 (1) (a) and (b) of the statutes are amended to read:
AB118,4,2
18.50 (1) (a) When there is to be a special election, the special election for county
2clerk shall be ordered by the sheriff; the special election for any other county office
3shall be ordered by the county clerk board of supervisors except as provided in s.
417.21 (5); the special election for city office shall be ordered by the common council;
5the special election for village office shall be ordered by the board of trustees; the
6special election for town office shall be ordered by the town board of supervisors;
the
7special election for school board member in a school district organized under ch. 119
8shall be ordered by the school board; the special election for municipal judge shall
9be ordered by the mayor, president or chairperson governing body of the
10municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4)
11jointly by the mayors, presidents or chairpersons governing bodies of all
12municipalities served by the judge; and all other special elections shall be ordered
13by the governor. When the governor or attorney general issues the order, it shall be
14filed and recorded in the office of the board. When the county clerk or sheriff board
15of supervisors
issues the order, it shall be filed and recorded in the office of the county
16clerk. When the county executive issues the order, it shall be filed in the office of the
17county board of election commissioners. When the common council issues the order,
18it shall be filed in the office of the city clerk. When the board of trustees issues the
19order, it shall be filed in the office of the village clerk. When the town board of
20supervisors issues the order, it shall be filed in the office of the town clerk.
When the
21school board of a school district organized under ch. 119 issues the order, it shall be
22filed and recorded in the office of the city board of election commissioners. When the
23mayor, president or chairperson issues the order, it shall be filed in the office of the
24municipal clerk or city board of election commissioners.
If a municipal judge is
25elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or

1board of election commissioners of the county having the largest portion of the
2population of the jurisdiction served by the judge.
AB118,4,123 (b) Notice of any special election shall be given upon the filing of the order under
4par. (a) by publication in a newspaper under ch. 985. If the special election concerns
5a national or state office, the board shall give notice as soon as possible to the county
6clerks. Upon receipt of notice from the board, or when the special election is for a
7county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give
8notice as soon as possible to the municipal clerks of all municipalities in which
9electors are eligible to vote in the election and publish one type A notice for all offices
10to be voted upon within the county as provided in s. 10.06 (2) (n) and. If the special
11election is for a city, village, or town office, the municipal clerk shall publish one type
12A notice as provided under s. 10.06
(3) (f).
AB118, s. 3 13Section 3. 8.50 (2) (b) of the statutes is amended to read:
AB118,4,2114 8.50 (2) (b) If a primary is required, the primary shall be on the day 4 weeks
15before the day of the special election except when the special election is held on the
16same day as the general election the special primary shall be held on the same day
17as the September primary or if the special election is held concurrently with the
18spring election, the primary shall be held concurrently with the spring primary, and
19except when the special election is held on the Tuesday after the first Monday in
20November of an odd-numbered year, the primary shall be held on the 2nd Tuesday
21of September in that year
.
AB118, s. 4 22Section 4. 8.50 (4) (fm) of the statutes is amended to read:
AB118,5,1123 8.50 (4) (fm) A permanent vacancy in the office of municipal judge may be filled
24by temporary appointment of the municipal governing body, or, if the judge is elected
25under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the

1judge. The office shall then be permanently filled by special election, which shall be
2held concurrently with the next spring election following the occurrence of the
3vacancy, except that a vacancy occurring during the period after December 1 and on
4or before the date of the spring election shall be filled at the 2nd succeeding spring
5election, and no such election may be held after the expiration of the term of office
6nor at the time of holding the regular election for the office
except that the municipal
7governing body or, if the judge is elected under s. 755.01 (4), the municipal governing
8bodies may, if the vacancy occurs before June 1 in the year preceding expiration of
9the term of office, order a special election to be held on the Tuesday after the first
10Monday in November following the date of the order. A person so elected shall serve
11for the residue of the unexpired term
.
AB118, s. 5 12Section 5. 17.21 (3) of the statutes is amended to read:
AB118,5,2013 17.21 (3) County clerk, treasurer, and surveyor. In the office of county clerk,
14treasurer, or surveyor, by appointment by the county board for the residue of the
15unexpired term unless a special election is ordered by the county board, in which case
16the person appointed shall serve until his or her successor is elected and qualified.
17The county board may, if a vacancy occurs before June 1 in the year preceding
18expiration of the term of office, order a special election to fill a vacancy to be held on
19the Tuesday after the first Monday in November following the date of the order. A
20person so elected shall serve for the residue of the unexpired term
.
AB118, s. 6 21Section 6. 17.23 (1) (a) and (c) of the statutes are amended to read:
AB118,6,1322 17.23 (1) (a) In cities of the 2nd, 3rd, or 4th class, in the office of mayor, except
23as provided in s. 9.10, by appointment by the common council for the residue of the
24unexpired term unless a special election is ordered by the common council, in which
25case the person appointed shall serve until his or her successor is elected and

1qualified
. In the office of alderperson, by the common council, except as provided in
2s. 9.10. A person so appointed shall hold office until a successor is elected and
3qualified. A Unless otherwise ordered by the common council, a successor shall be
4elected for the residue of the unexpired term on the first Tuesday of April next after
5the vacancy happens, in case it happens no later than December 1 preceding the first
6Tuesday in April, but if the vacancy happens after December 1 preceding the first
7Tuesday in April and before that day, then the successor shall be elected on the first
8Tuesday in April of the next ensuing year; but no election to fill a vacancy in such
9office may be held at the time of holding the regular election for that office
. The
10common council may, if a vacancy occurs before June 1 in the year preceding
11expiration of the term of office, order a special election to fill a vacancy to be held on
12the Tuesday after the first Monday in November following the date of the order. A
13person so elected shall serve for the residue of the unexpired term
.
AB118,6,2214 (c) In the office of any other elective officer, and except as provided in s. 9.10,
15by appointment by the mayor subject to confirmation by the common council, for the
16residue of the unexpired term unless a special election is ordered by the common
17council,
except that in case of vacancies in the office of any such officer of a 1st class
18city of the first class who is authorized by law to have a deputy, such deputy shall
19perform the duties of such office, and shall be entitled to the emoluments of such
20office during the remainder of the term. A person so appointed and confirmed shall
21hold office until a successor is elected and qualifies. The successor shall be elected
22as provided in par. (a).
AB118, s. 7 23Section 7. 17.24 (2) of the statutes is amended to read:
AB118,7,1024 17.24 (2) Except as provided in s. 8.50 (4) (fm), a vacancy in any elective office
25in a village may be filled by special election of a successor for the residue of the

1unexpired term on the first Tuesday of April next after the vacancy happens, if it
2happens no later than December 1 preceding the first Tuesday in April, but if the
3vacancy happens after December 1 preceding the first Tuesday of April, then the
4successor shall be elected on the first Tuesday of April of the next ensuing year; but
5no election to fill a vacancy in the office may be held at the time of holding the regular
6election for the office
, and if the vacancy occurs before June 1 of the year preceding
7the expiration of the term of office, the village board of trustees may order a special
8election to fill the vacancy to be held on the Tuesday after the first Monday in
9November following the date of the order. A person so elected shall serve for the
10remainder of the unexpired term
.
AB118, s. 8 11Section 8. 17.25 (1) of the statutes is amended to read:
AB118,8,912 17.25 (1) In the town board, by the remaining supervisors and the town clerk,
13except when a special election is authorized under this subsection or as provided in
14s. 9.10, and except when the vacancy is caused by removal by the circuit judge as
15provided by law, which latter vacancy shall be filled by appointment by that judge.
16Vacancies in other elective town offices shall be filled by appointment by the town
17board, except when a special election is authorized under this subsection or as
18provided in ss. 8.50 (4) (fm) and 9.10, and except for vacancies caused by removal by
19the judge of the circuit court which latter vacancy shall be filled by that judge.
20Persons appointed under this subsection to fill vacancies shall hold office for the
21residue of the unexpired term or, if a special election is ordered to fill a vacancy, until
22the successor is elected and qualified
, except persons appointed to fill vacancies as
23members of the water or light commission, which persons shall hold office only until
24their successors are elected and qualify and such successors shall be elected at the
25annual town meeting next after the vacancy occurs if the vacancy occurs 12 days or

1more prior to the meeting; otherwise at the annual town meeting held in the year
2next succeeding; but no election to fill a vacancy in the office may be held at the time
3of holding the regular election for the office
unless a special election is ordered to fill
4the vacancy at an earlier date, in which case they shall hold office until their
5successors are elected and qualify. The town board may, if a vacancy occurs before
6June 1 in the year preceding expiration of the term of office, order a special election
7to fill a vacancy to be held on the Tuesday after the first Monday in November
8following the date of the order. A person so elected shall serve for the residue of the
9unexpired term
.
AB118, s. 9 10Section 9. 59.10 (3) (e) of the statutes is amended to read:
AB118,8,2111 59.10 (3) (e) Vacancies. If a vacancy occurs on the board, the board chairperson,
12with the approval of the board, shall appoint a person who is a qualified elector and
13resident of the supervisory district to fill the vacancy. The successor shall serve for
14the unexpired portion of the term to which the person is appointed and until his or
15her successor is elected and qualified
, unless the board orders a special election to
16fill the vacancy, in which case the person appointed shall serve until his or her
17successor is elected and qualified. The board may, if a vacancy occurs before June
181 in the year preceding expiration of the term of office, order a special election to fill
19a vacancy to be held on the Tuesday after the first Monday in November following
20the date of the order. A person so elected shall serve for the residue of the unexpired
21term
.
AB118, s. 10 22Section 10. Initial applicability.
AB118,8,2423 (1) This act first applies with respect to vacancies occurring on the effective
24date of this subsection.
AB118,8,2525 (End)
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