AB 1116

Under current law, vacancies in public office may occur in a number of ways,

including when the incumbent resigns, dies, or is removed from office, or, in the case

of elected office, when the incumbent's term expires. However, as the Wisconsin

Supreme Court held in

State ex rel. Kaul v. Prehn

, 2022 WI 50, expiration of an

incumbent's term of office does not create a vacancy if the office is filled by

appointment for a fixed term. Absent a vacancy or removal for cause, these

incumbents may remain in office until their successors are appointed and qualified.

Under the bill, if such an incumbent remains in the public office after the expiration

of the incumbent's term, any salary or other payments the incumbent receives for

duties related to the public office must be withheld beginning 90 days after the

expiration of the incumbents term. The bill specifies that this provision applies only

to incumbents who were appointed by a person in the executive branch.