Relating to: eligibility for local office following removal.
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SB 104 — Relating to: eligibility for local office following removal.
Last action — Failed to pass pursuant to Senate Joint Resolution 1
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
61 added · 24 removedPlain-language change summary
The recently amended Bill SB 104 now clarifies that if an elected official is removed for cause or resigns during a removal process, they are ineligible to hold that same office again. Previously, the language was less specific about the conditions under which someone could regain eligibility. The change emphasizes accountability by ensuring officials cannot return to their positions without demonstrating that their removal was unjustified. This matters because it helps maintain integrity in local governance by preventing those removed for misconduct from easily regaining power.
CORRECTED COPY - 2024 LEGISLATURE LRBs0170/1LRB-1915/1 EVM:amnEVM:skw SENATE SUBSTITUTEBILL AMENDMENT104 March 1, TO2023 SENATE- BILLIntroduced 104by NovemberSenators 7,TOMCZYK 2023and -BALLWEG Offered, cosponsored by SenatoOMCZYK.Representatives S PIRO, N OVAK, ALLEN , ARMSTRONG , BALDEH , GUNDRUM , K ITCHENS, RUG , MOSES, MURPHY, MURSAU, OC ONNOR , ATCLIFFand STEFFEN .
Referred to Committee on Government Operations, Elections and Consumer Protection.
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.
SECTIONS ECTION 1.
- 2024 Legislature - 2 - LRB-1915/1 EVM:skw SENATE BILL 104 SECTION 1 17.16 (10) (a) A person lawfullylawfullyofficial An official 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 or, except as provided under s.par.
17.09(c), (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 LRBs0170/1 - 2024 Legislature - 2 - EVM:amn SECTION 2 who resigned from office after written verified charges were filed under sub.
This paragraph does not apply to a sheriffsheriff. or to a removal proceeding for which the removing power is a single person.
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-1915/1 - 2024 Legislature - 3 - EVM:skw SECTION 3 SENATE BILL 104 been removed pursuant to the written verified charges and that the resignation was not made for the purpose of impeding the removal proceeding.
View plain text versions (2)
- Bill Text View text pdf
- Substitute Senate Substitute Amendment 1 Current pdf
Action History
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Failed to pass pursuant to Senate Joint Resolution 1
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Representative Gustafson added as a cosponsor
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Available for scheduling
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Report passage as amended recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 3, Noes 2
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Report adoption of Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 3, Noes 2
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Executive action taken
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Public hearing held
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Senate Substitute Amendment 1 offered by Senator Tomczyk
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Withdrawn from committee on Government Operations and rereferred to committee on Shared Revenue, Elections and Consumer Protection pursuant to Senate Rule 46(2)(c)
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Representative Baldeh withdrawn as a cosponsor
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Senate Amendment 1 offered by Senator Tomczyk
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Representative Ratcliff withdrawn as a cosponsor
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Read first time and referred to Committee on Government Operations, Elections and Consumer Protection
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Introduced by Senators Tomczyk and Ballweg; cosponsored by Representatives Spiros, Novak, Allen, Armstrong, Baldeh, Gundrum, Kitchens, Krug, Moses, Murphy, Mursau, O'Connor, Ratcliff and Steffen
Sponsors
- Cory Tomczyk · Primary
- Ballweg · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 130 not signed on
Sponsors (2)
- Tomczyk, Cory Republican
- Ballweg
Co-sponsors (0)
None.
Not signed on (130)
130 members have not signed on to this bill.
Show all 130 →"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.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 104?
- SB 104 is sponsored by Tomczyk, Cory (Republican) and Ballweg.
- What is the current status of SB 104?
- This bill died with 2023-2024 Regular Session. It reached “In Committee” 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 SB 104?
- Track SB 104 free on One Click Politics — get push/email alerts when it moves.
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