Wisconsin 2023-2024 Regular Session Status: To Executive 10 R cosponsors

AB 476 — Relating to: filling vacancies in elective state offices in the executive branch.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on March 21, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

16 added · 41 removed

Plain-language change summary

The recent amendments to Assembly Bill 476 change how vacancies are filled in key state offices like the secretary of state and attorney general. Previously, the governor could appoint someone without needing approval from the state senate, but the new bill ensures that most vacancies will now be filled through special elections, increasing accountability. If a vacancy occurs in an election year, the governor can still make an appointment, but this choice will require senate confirmation. These changes aim to give citizens a greater voice in selecting their leaders and ensure that appointments are more transparent.

→
Previous
Latest
- 2024 LEGISLATURE LRB-4285/1 MPG:amn ASSEMBLY BILL 476 October 12, 2023 - Introduced by RepresentativeAGNAFICI, EHNKE , RANDTJEN , BROOKS , E DMING, G OEBEN , G REEN, G UNDRUM , G USTAFSON , K ITCHENS, M ICHALSK, MURPHY , 'CONNOR , OZAR , CHUTT and STEFFEN, cosponsored by Senators TOMCZYK,B ALLWEG and AMES .
Date of enactment:
Referred to Committee on Campaigns and Elections.
Assembly Bill 476 Date of publication*:
A N A CT to amend 17.19 (4) of the statutes;
WISCONSIN ACT A N A CT to amend 17.19 (4) of the statutes;
Analysis by the Legislative Reference Bureau Currently, the governor fills by appointment all vacancies in the offices of secretary of state, treasurer, attorney general, and state superintendent of public instruction.
The people of the state of Wisconsin, represented in scheduled election for the office shall be filled by nomi- senate and assembly, do enact as follows:
The person appointed to fill any such vacancy is not subject to senate confirmation and holds office until a successor is elected by special election and qualified.
nation of the governor, and a person so appointed shall SECTION 1.
If no special election is held, the person appointed by the governor holds office for the remainder of the unexpired term.
17.19 (4) of the statutes is amended to hold office until a successor is elected, as provided in s.
This bill eliminates the ability of the governor to fill vacancies in these offices by appointment without senate confirmation, instead providing that the vacancies are filled by special election.
read:
However under the bill, if a vacancy occurs in any of these offices on or after January 1 of a year in which there is a regularly scheduled election for the office, the vacancy must be filled by nomination of the governor and appointment with the advice and consent of the senate of a person to serve the remainder of the unexpired term.
8.50, and qualifies, but if no such election is held, the per- 17.19 (4) O THER ELECTIVE STATE OFFICERS.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
In the son so appointed shall hold office for appointment with office of secretary of state, treasurer, attorney general, or the advice and consent of the senate to serve the residue state superintendent, by appointment as provided in s.
S ECTION 1.
of the unexpired term.
17.19 (4) of the statutes is amended to read:
The governor may not fill any 8.50, except that a vacancy occurring in such office on or vacancy under this subsection with a provisional appoint- after January 1 of a year in which there is a regularly ment.
- 2024 Legislature - 2 - LRB-4285/1 MPG:amn ASSEMBLY BILL 476 SECTION 1 17.19 (4) OTHER ELECTIVE STATE OFFICERS.In the office of secretary of state, treasurer, attorney general, state superintendent, by appointment as provided in s.
* Section 991.11ISCONSINSTATUTE:
8.50, except that a vacancy occurring in such office on or after January 1 of a year in which there is a regularly scheduled election for the office shall be filled by nomination of the governor, and a person so appointed shall hold office until a successor is elected, as provided in s.
Effective date of acts.
8.50, and qualifies, but if no such election is held, the person so appointed shall hold office for appointment with the advice and consent of the senate to serve the residue of the unexpired term.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
The governor may not fill any vacancy under this subsection with a provisional appointment.
(END)
⬇ Download PDF
View plain text versions (2)

Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-21-2024

  4. Presented to the Governor on 3-18-2024

  5. Report correctly enrolled on 2-26-2024

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 22, Noes 10

  9. Rules suspended to give bill its third reading

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 2-20-2024 pursuant to Senate Rule 18(1)

  13. Available for scheduling

  14. Report concurrence recommended by Committee on Government Operations, Ayes 3, Noes 2

  15. Executive action taken

  16. Public hearing held

  17. Read first time and referred to committee on Government Operations

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed

  21. Rules suspended

  22. Ordered to a third reading

  23. Read a second time

  24. Representative Maxey added as a coauthor

  25. Placed on calendar 11-9-2023 by Committee on Rules

  26. Referred to committee on Rules

  27. Report passage recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3

  28. Representative Bodden added as a coauthor

  29. Executive action taken

  30. Public hearing held

  31. Representative Wichgers added as a coauthor

  32. Read first time and referred to Committee on Campaigns and Elections

  33. Introduced by Representatives Magnafici, Behnke, Brandtjen, Brooks, Edming, Goeben, Green, Gundrum, Gustafson, Kitchens, Michalski, Murphy, O'Connor, Rozar, Schutt and Steffen; cosponsored by Senators Tomczyk, Ballweg and James

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

16 sponsors · 0 co-sponsors · 116 not signed on · 8 voted No

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 22 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Republican 19000
Democrat 0800
Total 221000
% of votes cast 69%31%0%0%
How each member voted (32)
Member Party Vote
BALLWEG — Yea
STROEBEL — Yea
COWLES — Yea
AGARD — Nay
JOHNSON — Nay
Carpenter, Tim Democrat Nay
Hesselbein, Dianne Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 476?
AB 476 is sponsored by Magnafici, Behnke, Elijah (Republican), Brandtjen, Brooks, Robert (Republican), Edming, Goeben, Joy (Republican), Green, Chanz (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Kitchens, Joel (Republican), Michalski, Murphy, David (Republican), O'Connor, Jerry (Republican), Rozar, Schutt, and Steffen, David (Republican).
What is the current status of AB 476?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 476?
Track AB 476 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 476

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 476

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →