8.28 Challenge to residency qualifications.
(1) Any individual who believes that an individual holding or elected to state or local office is not a resident or inhabitant of this state or of the jurisdiction or district in which he or she serves, whenever such qualification is required by the constitution of this state or by any applicable law, may file a verified complaint with the attorney general alleging such facts as may cause him or her to believe that the individual is not qualified to hold office because of failure to meet a residency requirement.
(2) The attorney general may thereupon investigate whether such allegations are true. If the attorney general finds that the allegations of the complaint are true or for any other reason finds that the subject person who is holding or elected to office is not qualified because of failure to meet a residency requirement, the attorney general may commence an action under ch. 784 for a writ of quo warranto to have the subject person's office declared vacant or to restrain any person not entitled to take office from assuming it. In the case of a person who is elected to office in the legislature, the clerk of court shall transmit a copy of the judgment to the presiding officer of the appropriate house, and the house shall determine whether the person is qualified to be seated or whether a vacancy exists.
History: 1979 c. 249; 1983 a. 484.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 8 - Nominations, primaries, elections.
8.02 - Nomination paper circulation date.
8.04 - Nomination paper signatures.
8.05 - Nomination in towns and villages.
8.06 - Special elections may be called.
8.07 - Validity of nomination papers.
8.10 - Nominations for spring election.
8.12 - Presidential preference vote.
8.125 - Accessibility of presidential caucuses.
8.13 - Commission city primary.
8.15 - Nominations for partisan primary.
8.17 - Political party committees.
8.18 - Nomination of presidential electors.
8.185 - Write-in candidates for president and vice president.
8.20 - Nomination of independent candidates.
8.21 - Declaration of candidacy.
8.25 - Election of state and federal officers.
8.28 - Challenge to residency qualifications.
8.30 - Candidates ineligible for ballot placement.
8.35 - Vacancies after nomination.