Wisconsin 2023-2024 Regular Session Status: To Executive Bipartisan · 12 R · 2 D cosponsors

AB 95 — Relating to: eligibility for local office following removal.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

60 added · 24 removed

Plain-language change summary

The recent amendments to Bill AB 95 clarify the rules regarding the eligibility of local elected officials after they have been removed from office. Specifically, now officials removed for cause or who resign during a removal process cannot run for the position they left. However, if they can prove that their removal was unjustified or that their resignation wasn’t intended to obstruct the process, they might regain their eligibility. This change ensures accountability while also allowing some transparency and fairness in cases of wrongful removal.

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- 2024 LEGISLATURE LRBs0075/1 EVM:amn ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 95 August 1, 2023 - Offered by RepresentatiPIRO.
CORRECTED COPY - 2024 LEGISLATURE LRB-1707/1 EVM:skw ASSEMBLY BILL 95 March 8, 2023 - Introduced by RepresentativePIROS, NOVAK, LLEN , RMSTRONG , BALDEH , GUNDRUM , KITCHENS, KRUG , MOSES, MURPHY , MURSAU, O'CONNOR , RATCLIFF, STEFFEN and S TUBBS , cosponsored by Senators T OMCZYK and BALLWEG .
Referred to Committee on Local Government.
and to create 17.16 (10) (b) of the statutes;
and to create 17.16 (10) (b) and 17.16 (10) (c) of the statutes;
Analysis by the Legislative Reference Bureau Current law provides procedures by which appointive and elective officials of political subdivisions may be removed from office.
Current law also provides that an official who is removed from office is ineligible to fill the vacancy created by that removal.
This bill provides that an elective official of a political subdivision who is removed from office for cause or who resigns during the pendency of a removal proceeding is ineligible for the elective public office from which the official was removed.
An elective official who resigns during the pendency of a removal proceeding may regain eligibility by demonstrating to the removing power that the official would not have been removed for cause and did not resign for purposes of impeding the removal proceeding.
SECTION 1.
S ECTION 1.
17.16 (10) (a) A person lawfully An official who is removed from office shall be is ineligible to appointment or election to fill the vacancy caused by such the removal.
- 2024 Legislature - 2 - LRB-1707/1 EVM:skw ASSEMBLY BILL 95 SECTION 1 17.16 (10) (a) A person lawfullyofficial who is removed from office shall be is ineligible to appointment or election to fill the vacancy caused by such the removal.
17.16(10) (b) An elected official of a city, village, town, or county who is removed from office for cause under s.
17.16(10) (b) An elected official of a city, village, town, or county who is removed from office for cause or, except as provided under par.
17.09 (1), 17.12 (1) (a), or 17.13 (2) or (2m) using the procedure under this section by an affirmative vote of at least two-thirds of the members of the removing power entitled to participate in the removal proceeding or LRBs0075/1 - 2024 Legislature - 2 - EVM:amn SECTION 2 who resigned from office after written verified charges were filed under sub.
(c), who resigned from office after written verified charges were filed under sub.
This paragraph does not apply to a sheriff or to a removal proceeding for which the removing power is a single person.
This paragraph does not apply to a sheriff.
SECTION 3.
17.16 (10) (c) of the statutes is created to read:
17.16(10) (c) 1.
An elected official of a city, village, town, or county who resigned from office after written verified charges were filed under sub.
(3) and before an order under sub.
(8) was issued may apply to the removing power for restoration of the official's eligibility for the elective public office from which the official resigned.
2.
Upon application under subd.
1., the removing power shall hold a public hearing at which the official shall have a full opportunity to be heard, personally and by counsel.
The issues at the hearing shall be limited to the following:
a.
Whether the written verified charges filed under sub.
(3) would have resulted in the official being removed.
b.
Whether the resignation was made for the purpose of impeding the removal proceeding.
3.
The removing power shall determine within 30 days after a hearing under subd.
2.
whether the official's eligibility for the elective public office from which the official resigned should be restored.
The removing power may not restore eligibility under this subdivision unless it determines that the elected official would not have LRB-1707/1 - 2024 Legislature - 3 - EVM:skw SECTION 3 ASSEMBLY BILL 95 been removed pursuant to the written verified charges and that the resignation was not made for the purpose of impeding the removal proceeding.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Read first time and referred to committee on Senate Organization

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Substitute Amendment 1 adopted

  10. Read a second time

  11. Representative Gustafson added as a coauthor

  12. Placed on calendar 11-7-2023 by Committee on Rules

  13. Referred to committee on Rules

  14. Report passage as amended recommended by Committee on Local Government, Ayes 8, Noes 4

  15. Report Assembly Amendment 1 adoption recommended by Committee on Local Government, Ayes 12, Noes 0

  16. Assembly Substitute Amendment 1 offered by Representative Spiros

  17. Representative Baldeh withdrawn as a coauthor

  18. Executive action taken

  19. Representatives Ratcliff and Stubbs withdrawn as coauthors

  20. Public hearing held

  21. Assembly Amendment 1 offered by Representative Spiros

  22. Read first time and referred to Committee on Local Government

  23. Introduced by Representatives Spiros, Novak, Allen, Armstrong, Baldeh, Gundrum, Kitchens, Krug, Moses, Murphy, Mursau, O'Connor, Ratcliff, Steffen and Stubbs; cosponsored by Senators Tomczyk and Ballweg

Sponsors

Sponsorship breakdown

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15 sponsors · 0 co-sponsors · 117 not signed on

Sponsors (15)

Co-sponsors (0)

None.

Not signed on (117)

117 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors AB 95?
AB 95 is sponsored by Spiros, John (Republican), Novak, Todd (Republican), Allen, Scott (Republican), Armstrong, David (Republican), Baldeh, Gundrum, Rick (Republican), Kitchens, Joel (Republican), Krug, Scott (Republican), Moses, Clint (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), O'Connor, Jerry (Republican), Ratcliff, Melissa (Democrat), Steffen, David (Republican), and Stubbs, Shelia (Democrat).
What is the current status of AB 95?
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 95?
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Last checked for changes 3 months ago · updated continuously

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