2023 Wisconsin Statutes & Annotations › Chapter 17 - Resignations, vacancies, and removals from office. › 17.20 - Vacancies in appointive state offices; how filled; terms.

17.20
Vacancies in appointive state offices; how filled; terms.
(1)
General. Vacancies in appointive state offices shall be filled by appointment by the appointing power and in the manner prescribed by law for making regular full term appointments thereto, and appointees to fill vacancies therein shall hold office for the residue of the unexpired term or, if no definite term of office is fixed by law, until their successors are appointed and qualify.
(2)
Interim vacancies; terms.
(a)
Vacancies occurring in the office of any officer normally nominated by the governor, and with the advice and consent of the senate appointed, may be filled by a provisional appointment by the governor for the residue of the unexpired term, if any, subject to confirmation by the senate. Any such appointment shall be in full force until acted upon by the senate, and when confirmed by the senate shall continue for the residue of the unexpired term, if any, or until a successor is chosen and qualifies. A provisional appointee may exercise all of the powers and duties of the office to which such person is appointed during the time in which the appointee qualifies. Any appointment made under this paragraph which is withdrawn or rejected by the senate shall lapse. When a provisional appointment lapses, a vacancy occurs. Whenever a new legislature is organized, any appointments then pending before the senate shall be referred by the president to the appropriate standing committee of the newly organized senate.
(b)
A vacancy occurring in the membership of the professional standards council for teachers may be filled by a provisional appointment by the state superintendent of public instruction for the residue of the unexpired term, if any, subject to confirmation by the senate. Any such appointment shall be in full force until acted upon by the senate, and when confirmed by the senate shall continue for the residue of the unexpired term, if any, or until a successor is chosen and qualifies. A provisional appointee may exercise all of the powers and duties of the office to which the person is appointed during the time in which the appointee qualifies. Any appointment made under this paragraph that is withdrawn or rejected by the senate shall lapse. When a provisional appointment lapses, a vacancy occurs. Whenever a new legislature is organized, any appointments then pending before the senate shall be referred by the president to the appropriate standing committee of the newly organized senate.
History:  1973 c. 24; 1977 c. 29 s. 1649; 1977 c. 418; 1997 a. 298.
Under s. 17.03, the expiration of a member's term on the Wisconsin Board of Natural Resources does not create a vacancy. The member lawfully retains the member's position on the board as a holdover. Therefore, the governor cannot make a provisional appointment to replace the member under sub. (2) (a). Until the member's successor is nominated by the governor and confirmed by the senate, the member may be removed by the governor only for cause under s. 17.07 (3). State ex rel. Kaul v. Prehn, 2022 WI 50, 402 Wis. 2d 539, 976 N.W.2d 821, 21-1673.
Provisional appointees under sub. (2) need not be confirmed by the senate before they can begin to serve. 69 Atty. Gen. 136.
The senate may not fill a vacancy that will not occur during that senate session. 76 Atty. Gen. 272.