13.41 Interim successors for legislators.
(1)
(a) If, during an emergency resulting from enemy action, there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party, as specified in pars. (b) and (c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
NOTE: Par. (a) (intro.) is amended by 2011 Wis. Act 260 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read:
13.41 Interim successors for legislators. (1) (a) If there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party, as specified in pars. (b) and (c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the senate district.
2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under subd. 1.
3. Request that the state chairperson of the party submit the names of the potential interim successors selected under subd. 2. to the senate leader of the party within 7 days after the date on which the 9th vacancy occurred.
4. Within 14 days after the 9th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under subd. 3.
(b) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the majority party under par. (a):
1. The senate majority leader.
2. The president of the senate.
3. The president pro tempore of the senate.
4. The assistant senate majority leader.
5. The senate majority caucus chairperson.
6. The senate majority caucus vice chairperson.
7. The senate majority caucus sergeant at arms.
(c) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the minority party under par. (a):
1. The senate leader of the party.
2. The senate assistant leader of the party.
3. The senate caucus chairperson of the party.
4. The senate caucus vice chairperson of the party.
5. The senate caucus sergeant at arms of the party.
(2)
(a) If, during an emergency resulting from enemy action, there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03, the assembly leader of each political party, as specified in pars. (b) and (c), shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:
NOTE: Par. (a) (intro.) is amended by 2011 Wis. Act 260 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read:
1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the assembly district.
2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under subd. 1.
3. Request that the state chairperson of the party submit the names of the potential interim successors selected under subd. 2. to the assembly leader of the party within 7 days after the date on which the 25th vacancy occurred.
4. Within 14 days after the 25th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under subd. 3.
(b) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for the majority party under par. (a):
1. The speaker of the assembly.
2. The assembly majority leader.
3. The speaker pro tempore of the assembly.
4. The assistant assembly majority leader.
5. The assembly majority caucus chairperson.
6. The assembly majority caucus vice chairperson.
7. The assembly majority caucus secretary.
8. The assembly majority caucus sergeant at arms.
(c) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for a minority party under par. (a):
1. The assembly leader of the party.
2. The assembly assistant leader of the party.
3. The assembly caucus chairperson of the party.
4. The assembly caucus vice chairperson of the party.
5. The assembly caucus secretary of the party.
6. The assembly caucus sergeant at arms of the party.
(3) The senate and assembly political party leaders may not appoint an interim successor who is unwilling, unable, or ineligible under the constitution and the statutes to serve as a legislator.
(4) Interim successors appointed under sub. (1) or (2) shall take the oath of office immediately upon appointment, but may not be required, as a prerequisite to the exercise of the powers or discharge of the duties of a legislator, to comply with any other provision of law relative to taking office.
(5) The chief clerk of each house, or if he or she is unavailable, his or her deputy, shall notify the secretary of state of all vacancies that are filled by interim successors under this section.
(6) An interim successor taking office under this section shall exercise the powers and discharge the duties of the office until the vacancy is filled under s. 17.19. All votes taken by an interim successor shall be as valid as if taken by an elected legislator.
History: 2009 a. 363; 2011 a. 260.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 13 - Legislative branch.
13.01 - Number of legislators.
13.035 - Designation of members.
13.04 - Legislators' eligibility to other civil office.
13.05 - Logrolling prohibited.
13.07 - Freedom of debate confirmed.
13.085 - Bills increasing certain tax rates.
13.09 - Joint committee on finance.
13.093 - Reference of bills to joint committee on finance.
13.095 - Review of programs started with federal aid.
13.096 - Review of bills establishing vehicle weight limit exceptions.
13.0965 - Review of bills proposing revocation of an operating privilege.
13.0966 - Review of bills or amendments establishing health insurance mandates.
13.097 - Review of legislation providing for conveyances of lake bed areas.
13.0975 - Review of legislative proposals impacting energy availability.
13.098 - Review of legislation relating to alcohol and other drug abuse.
13.099 - Review of bills affecting housing.
13.10 - Joint committee on finance approvals.
13.101 - Joint committee on finance; appropriation and position changes.
13.102 - Joint committee on finance; consideration of biennial budget bill.
13.105 - Marquette University Dental School reports to governor and joint committee on finance.
13.106 - Medical College of Wisconsin and UW-Madison Medical School reports.
13.11 - Records of joint committee on finance.
13.111 - Joint committee on employment relations.
13.121 - Legislators' salaries and benefits.
13.123 - Legislators' expenses.
13.124 - Legal representation.
13.127 - Advice and consent of the senate.
13.13 - Speaker; deputy speaker; president of senate.
13.14 - Miscellaneous expenses.
13.172 - State agency reports.
13.176 - Article V convention.
13.20 - Legislative employees.
13.21 - State departments to cooperate in providing legislative help.
13.22 - Payroll, legislative employees.
13.23 - Election contests; notice.
13.235 - Election contests; legislative inquiry.
13.24 - Testimony in election contests.
13.25 - Expenses of election contest; limitation.
13.27 - Punishment for contempt.
13.28 - Interpellation of officers.
13.29 - Time for interpellation and procedure.
13.30 - State officers; removal by legislature.
13.31 - Witnesses; how subpoenaed.
13.32 - Summary process; custody of witness.
13.39 - Legislative consideration of biennial budget bill.
13.41 - Interim successors for legislators.
13.42 - Virtual meetings of the legislature and legislative committees.
13.45 - General provisions on legislative committees.
13.46 - Majority and minority parties.
13.47 - Legislative state supported programs study and advisory committee.
13.48 - Long-range public building program.
13.482 - State Public Building Corporation.
13.484 - Limitation on certain building projects.
13.485 - Parking structure funding.
13.486 - State office building, completion of.
13.488 - Building commission; powers and duties.
13.489 - Transportation projects commission.
13.50 - Joint survey committee on retirement systems.
13.52 - Joint survey committee on tax exemptions.
13.525 - Joint review committee on criminal penalties.
13.53 - Joint legislative audit committee.
13.55 - Commission on uniform state laws.
13.56 - Joint committee for review of administrative rules.
13.565 - Legislative review of certain rules.
13.57 - National conference of state legislatures.
13.58 - Joint committee on information policy and technology.
13.61 - Lobbying regulated; legislative purpose.
13.625 - Prohibited practices.
13.63 - Licenses for lobbyists; suspension or revocation.
13.65 - Lobbyist authorization.
13.66 - Restrictions on practice of lobbying.
13.67 - Identification of legislative and administrative proposals and topics.
13.68 - Principal's expense statement.
13.685 - Duties of the ethics commission.
13.69 - Enforcement and penalties.
13.695 - Legislative activities of state agencies.
13.71 - Lobbyists restricted during daily sessions.
13.80 - Legislative organization, joint committee on.
13.81 - Joint legislative council.
13.82 - Committees appointed by council.
13.83 - Permanent council committees.
13.90 - Duties and powers of the joint committee on legislative organization.
13.91 - Legislative council staff.
13.92 - Legislative reference bureau.
13.94 - Legislative audit bureau.