Wis. Stat. § 13.41

Current through Acts 2023-2024, ch. 272

Section 13.41 - Interim successors for legislators

(1)

(a) If, during an emergency resulting from enemy action, there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03 , the senate leader of each political party, as specified in pars. (b) and (c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:

1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the senate district.

2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under subd. 1.

3. Request that the state chairperson of the party submit the names of the potential interim successors selected under subd. 2. to the senate leader of the party within 7 days after the date on which the 9th vacancy occurred.

4. Within 14 days after the 9th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under subd. 3.

(b) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the majority party under par. (a):

1. The senate majority leader.

2. The president of the senate.

3. The president pro tempore of the senate.

4. The assistant senate majority leader.

5. The senate majority caucus chairperson.

6. The senate majority caucus vice chairperson.

7. The senate majority caucus sergeant at arms.

(c) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the minority party under par. (a):

1. The senate leader of the party.

2. The senate assistant leader of the party.

3. The senate caucus chairperson of the party.

4. The senate caucus vice chairperson of the party.

5. The senate caucus sergeant at arms of the party.

(2)

(a) If, during an emergency resulting from enemy action, there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03 , the assembly leader of each political party, as specified in pars. (b) and (c), shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:

2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under subd. 1.

3. Request that the state chairperson of the party submit the names of the potential interim successors selected under subd. 2. to the assembly leader of the party within 7 days after the date on which the 25th vacancy occurred.

4. Within 14 days after the 25th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under subd. 3.

(b) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for the majority party under par. (a):

1. The speaker of the assembly.

2. The assembly majority leader.

3. The speaker pro tempore of the assembly.

4. The assistant assembly majority leader.

5. The assembly majority caucus chairperson.

6. The assembly majority caucus vice chairperson.

7. The assembly majority caucus secretary.

8. The assembly majority caucus sergeant at arms.

(c) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for a minority party under par. (a):

1. The assembly leader of the party.

2. The assembly assistant leader of the party.

3. The assembly caucus chairperson of the party.

4. The assembly caucus vice chairperson of the party.

5. The assembly caucus secretary of the party.

6. The assembly caucus sergeant at arms of the party.

(3) The senate and assembly political party leaders may not appoint an interim successor who is unwilling, unable, or ineligible under the constitution and the statutes to serve as a legislator.

(4) Interim successors appointed under sub. (1) or (2) shall take the oath of office immediately upon appointment, but may not be required, as a prerequisite to the exercise of the powers or discharge of the duties of a legislator, to comply with any other provision of law relative to taking office.

(5) The chief clerk of each house, or if he or she is unavailable, his or her deputy, shall notify the secretary of state of all vacancies that are filled by interim successors under this section.

(6) An interim successor taking office under this section shall exercise the powers and discharge the duties of the office until the vacancy is filled under s. 17.19 . All votes taken by an interim successor shall be as valid as if taken by an elected legislator.

Wis. Stat. § 13.41

2009 a. 363; 2011 a. 260.

Par. (a) (intro.) is amended by 2009 Wis. Act 363 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read:

13.41 Interim successors for legislators. (1) (a) If there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party, as specified in pars. (b) and (c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:

(2) (a) If there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03, the assembly leader of each political party, as specified in pars. (b) and (c), shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following: