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Wis. Stat. § 17.19

Vacancies, elective state offices; how filled

Applied in 2 court decisions — leading case Wagner v. Milwaukee County Election Commission (2003)

Most recently applied in 326 F. App'x 940 - Omegbu v. Milwaukee County (April 2009)

1977 c. 187; 1979 c. 27; 1985 a. 304; 1987 a. 391; 1989 a. 31; 1991 a. 316.

Vacancies in elective state offices shall be filled as follows:

(1) MEMBERS OF LEGISLATURE. In the office of state senator or representative to the assembly, by election, as provided in s. 8.50, for the residue of the unexpired term. In addition, an anticipated vacancy in the office of state senator or representative to the assembly may be filled as provided in s. 8.50 (4) (e).

(2) JUDICIAL. In the office of justice of the supreme court, court of appeals judge or circuit judge, by temporary appointment by the governor, which shall continue until a successor is elected, as provided in s. 8.50 (4) (f), and qualifies. When so elected the successor shall hold the office for a full term and shall take office on August 1 succeeding the election.

(3) PRESIDENTIAL ELECTORS. In the office of presidential elector, by the remaining electors present in the manner prescribed by s. 7.75.

(3m) GOVERNOR. In the office of governor, by the lieutenant governor.

(3s) DISTRICT ATTORNEY. In the office of district attorney, by appointment of the governor for the residue of the unexpired term and until a successor is elected and qualified. 817.19 RESIGNATIONS, VACANCIES, REMOVALS (4) OTHER ELECTIVE STATE OFFICERS. In the office of secretary of state, treasurer, attorney general or state superintendent, by appointment by the governor, and a person so appointed shall hold office until a successor is elected, as provided in s. 8.50, and qualifies, but if no such election is held, the person so appointed shall hold office for the residue of the unexpired term.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.