2023 Wisconsin Statutes & Annotations › Chapter 17 - Resignations, vacancies, and removals from office. › 17.25 - Vacancies in town offices; how filled.

17.25
Vacancies in town offices; how filled.
Vacancies in town offices shall be filled as follows:
(1)
(a)
1.
In the town board, by the remaining supervisors and the town clerk, except when a special election is authorized under subd. 2. and par. (d) or as provided in s. 9.10, and except when the vacancy is caused by removal by the circuit judge as provided by law, which latter vacancy shall be filled by appointment by that judge.
2.
a.
If there are 2 vacancies in the town board, the remaining supervisors, the town clerk, and the town treasurer shall appoint an individual to fill one vacancy and the remaining supervisors, including the appointee, and the town clerk shall appoint an individual to fill the other vacancy.
b.
If the number of vacancies on the town board are such that there are not at least 3 individuals, including any remaining supervisors, the town clerk, and the town treasurer, available to make appointments, the town clerk, or the county clerk if the town clerk position is vacant, shall call a special town meeting of the electors to vote to fill the number of vacancies necessary in order to follow the procedure for appointment under subd. 2. a. Notice of the meeting shall be given as provided under s. 60.12 (3).
(b)
Vacancies in other elective town offices shall be filled by appointment by the town board, except as provided in ss. 8.50 (4) (fm) and 9.10, and except for vacancies caused by removal by the judge of the circuit court which latter vacancy shall be filled by that judge.
(c)
Persons appointed under this subsection to fill vacancies shall hold office for the residue of the unexpired term or, if a special election is ordered to fill a vacancy, until the successor is elected and qualified.
(d)
Any town board having more than 3 members may, if a vacancy in the office of supervisor occurs before June 1 in the year preceding expiration of the term of office, order a special election to fill the vacancy. If the town board orders a special election during the period beginning on June 1 and ending on November 30 of any year, the special election shall be held concurrently with the succeeding spring election. If the town board orders a special election during the period beginning on December 1 and ending on May 31 of the succeeding year, the special election shall be held on the Tuesday after the first Monday in November following the date of the order. A person so elected shall serve for the residue of the unexpired term.
(2)
In appointive offices, by appointment for the residue of the unexpired term by the appointing power and in the manner prescribed by law for making regular full term appointments thereto, except vacancies caused by removals by the judge of the circuit court which shall be filled for the residue of the unexpired term by the said judge.
History:  1977 c. 305, 403, 447; 1985 a. 304; 2005 a. 248; 2019 a. 140.
This section requires that the town clerk participate in the process of filling vacancies in town offices and does not authorize the exclusion of the town clerk from the nomination part of the process. State ex rel. Bingen v. Bzdusek, 2002 WI App 210, 257 Wis. 2d 193, 650 N.W.2d 894, 01-3015.