LRB-2667/1
TKK:cjs:jm
2013 - 2014 LEGISLATURE
July 23, 2013 - Introduced by Representatives C. Taylor, Genrich,
Berceau,
Bernard Schaber, Hebl, Kahl, Mason, Ohnstad, Pope, Ringhand, Sinicki
and Wright, cosponsored by Senators Wirch,
Hansen and Shilling. Referred
to Committee on Government Operations and State Licensing.
AB268,1,2
1An Act to renumber and amend 8.50 (4) (d) of the statutes;
relating to:
2legislative vacancies.
Analysis by the Legislative Reference Bureau
Currently, under the Wisconsin Constitution, when there is a vacancy in the
membership of the senate or assembly, the governor is directed to call a special
election to fill the vacancy. There is no deadline for issuing the order, but the directive
is enforceable through the court system. Under the statutes, with a limited exception
relating to legislative session scheduling, if the vacancy occurs before the second
Tuesday in May in the year in which the office is regularly filled, the vacancy must
be filled "as promptly as possible."
This bill changes the statutes to specify that the special election to fill a vacancy
that occurs before the specified second Tuesday in May must be ordered within 60
days after the vacancy occurs, subject to the current exception related to legislative
session scheduling.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB268,1
3Section
1. 8.50 (4) (d) of the statutes is renumbered 8.50 (4) (d) 1. and amended
4to read:
AB268,2,5
18.50
(4) (d) 1.
Any Except as provided in subd. 2., any vacancy in the office of
2state senator or representative to the assembly occurring before the 2nd Tuesday in
3May in the year in which a regular election is held to fill that seat shall be filled
as
4promptly as possible by at a special election
. However, any ordered within 60 days
5of the date that the vacancy occurs.
AB268,2,11
62. Any vacancy in the office of state senator or representative to the assembly
7occurring after the close of the last regular floorperiod of the legislature held during
8his or her term shall be filled only if a special session or extraordinary floorperiod of
9the legislature is called or a veto review period is scheduled during the remainder
10of the term. The special election to fill the vacancy shall be ordered, if possible, so
11the new member may participate in the special session or floorperiod.
