Wisconsin Statutes
Wis. Stat. § 17.03 (2026)
Vacancies, how caused
✓ current as of July 2026
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17.03(4)(bm)(bm) If the office is a district attorney, the prosecutorial unit from which elected; or
17.03(4)(c)(c) If the office is local and elective, the county, city, village, town, district or area from which elected, except as provided in ss. 60.30 (6), 119.08 (1) (c) and 120.05 (1) (d); or
17.03(4)(d)(d) If the office is local and appointive, and residency, subject to s. 66.0502, is a local requirement, the county, city, village, town, district, or area within which the duties of the office are required to be discharged.
17.03(4m)(4m) In the case of a school district office, the incumbent is absent from the district for a period exceeding 60 days.
17.03(5)(5) Whether or not sentenced to imprisonment, the incumbent is convicted and sentenced by a state or federal court for treason, felony or other crime of whatsoever nature punishable by imprisonment in any jail or prison for one year or more, or for any offense involving a violation of the incumbent’s official oath. A vacancy so created is not affected by a stay of execution of judgment. Reversal of the judgment, but not a pardon, immediately restores the incumbent to office if the term has not expired and entitles the incumbent to the emoluments of the office for the time the incumbent would have served in the office but for the judgment.
17.03(6)(6) A competent tribunal voids the election or appointment; or adjudges the incumbent to be incapable of understanding the objective of the elective process; or places the incumbent under guardianship, unless the court finds that the incumbent is competent to exercise the right to vote.
17.03(7)(7) A person elected or appointed or reelected or reappointed to any office neglects or refuses to take and file the official oath or to execute or renew the official bond if required, or to file the oath or bond as prescribed by law.
17.03(8)(8) The incumbent neglects or refuses to execute and file an additional bond, when lawfully required, as prescribed by law.
17.03(9)(9) A person elected or appointed to fill a vacancy or for a full term declines the office in writing or dies before qualifying or declines in writing or dies before the time when, by law, the person should enter upon the duties of the office to which elected or appointed.
17.03(10)(10) If the office is elective, the incumbent’s term expires, except for the office of sheriff, coroner, register of deeds or district attorney.
17.03(11)(11) If the office is a school board seat, the first annual school meeting of a school district fails to elect school board members for the district.
17.03(12)(12) The offices are established upon the creation by the legislature of a new county and a new town.
17.03(13)(13) Any other event occurs which is declared by any special provision of law to create a vacancy.
17.03 HistoryHistory: 1971 c. 154; 1971 c. 304 s. 29 (1); 1979 c. 249; 1983 a. 484; 1985 a. 304, 312, 332; 1987 a. 391; 1989 a. 31, 241; 2005 a. 387; 2013 a. 20.
17.03 Cross-referenceCross-reference: See s. 59.20 (1) for the county supervisor residency requirement.
17.03 Cross-referenceCross-reference: See s. 196.675 for vacancies in office if a district attorney, city attorney, assistant city attorney, or judicial officer is employed by a common carrier.
17.03 AnnotationCity officers are subject to this section’s vacancy provisions. Wellnitz v. Board of Police & Fire Commissioners, 151 Wis. 2d 306, 444 N.W.2d 412 (Ct. App. 1989).
17.03 AnnotationUnder this section, the expiration of a member’s term on the Wisconsin Board of Natural Resources does not create a vacancy. The member lawfully retains the member’s position on the board as a holdover. Therefore, the governor cannot make a provisional appointment to replace the member under s. 17.20 (2) (a). Until the member’s successor is nominated by the governor and confirmed by the senate, the member may be removed by the governor only for cause under s. 17.07 (3). State ex rel. Kaul v. Prehn, 2022 WI 50, 402 Wis. 2d 539, 976 N.W.2d 821, 21-1673.
17.03 AnnotationA felony conviction and sentencing of a state senator creates a vacancy in the office without any action by the senate. 65 Atty. Gen. 264.
17.03 AnnotationNo vacancy occurs under sub. (4) when a supervisor’s residence remains the same but the district boundaries have changed. 76 Atty. Gen. 10.
Notes of Decisions
Cited in 18
cases (3 in the last 5 years), 1920–2026 · leading case: Joshua L. Kaul v. Frederick Prehn, 2022 WI 50 (Wis. 2022).
Joshua L. Kaul v. Frederick Prehn, 2022 WI 50 (Wis. 2022). “Under Wis. Stat. § 17.03 , the expiration of Prehn's term on the DNR Board does not create a vacancy.”
Wisconsin Elections Comm'n v. Devin LeMahieu, 2025 WI 4 (Wis. 2025). “BACKGROUND ¶4 Created in 2016,3 WEC possesses a number of powers and duties over the administration of elections in Wisconsin.”
Becker v. Green Cnty., 184 N.W. 715 (Wis. 1922). “14 of the act provided: “Subsection (5) of new Section 17.03 and sections 4507 *127 and 4935 of the statutes are consolidated as subsection (5) of said new section 17.”
Wellnitz v. Bd. of Police & Fire Commissioners, 444 N.W.2d 412 (Wis. Ct. App. 1989). “1 Section 17.03, Stats., provides, as material here: Vacancies, how caused.”
State Ex Rel. Thompson v. Gibson, 125 N.W.2d 636 (Wis. 1964). “Sec. 17.03, Stats., provides in part that any public office shall become or be deemed vacant upon the death, resignation, or removal of an incumbent officeholder.”
Hillis v. Vill. of Fox Point Bd. of Appeals, 2005 WI App 106 (Wis. Ct. App. 2005). “In 1989, Fox Point adopted VFPC § 17.03 (hereafter, "bluff ordinance"). It provides: "Except as hereinafter provided, no building or structure shall be erected on or over the slope of the lake bluff or on or over the slope of a ravine bank or at the foot of the lake bluff or…”
State Ex Rel. Zempel v. Twitchell, 367 P.2d 985 (Wash. 1962). “" Wis. Stat. Ann., § 17.03 (5). Article 5969, Vernon's Ann.”
Lake Country Racquet & Athletic Club, Inc. v. Vill. of Hartland, 2002 WI App 301 (Wis. Ct. App. 2002). “The village board approved this recommendation and, on December 11, 2000, the board enacted ordinance § 17.03(30)(d) 10 of the Village Zoning Code, which recognized public and private recreational uses as conditional uses in a B-5 zoning district.”
Oconomowoc Residential Programs, Inc. v. City of Greenfield, 23 F. Supp. 2d 941 (E.D. Wis. 1998). “*953 The Village of Greendale’s zoning code defines "family” as: One person or 2 or more persons each related to the other by blood, marriage or legal adoption or a group of not more than 5 persons not all so related, together with his or their domestic servants, maintaining a…”
State ex rel. Reynolds v. Sande, 238 N.W. 504 (Wis. 1931). “” The action of the legislature with relation to vacancies mentioned in the section just quoted appears in sec. 17.03, Stats., and is confined to death of incumbent, resignation, removal, ceasing to be an inhabitant of the state or district, conviction and sentence for certain…”
Matter of Complaint Against Raineri, 306 N.W.2d 699 (Wis. 1981). “Sec. 17.03, Stats. 2 Lastly, we are aware that the revocation of Judge Raineri’s license to practice law in Wisconsin on April 14, 1981 rendered him ineligible for the office of judge of any court of record.”
State Ex Rel. Martin v. Heil, 7 N.W.2d 375 (Wis. 1942). “” Sec. 17.03, Stats., is entitled “Vacancies, how caused.”
— Wis. Stat. § 17.03(1) — 1 case
Joshua L. Kaul v. Frederick Prehn, 2022 WI 50 (Wis. 2022). “Under Wis. Stat. § 17.03 , the expiration of Prehn's term on the DNR Board does not create a vacancy.”
— Wis. Stat. § 17.03(10) — 1 case
Joshua L. Kaul v. Frederick Prehn, 2022 WI 50 (Wis. 2022). “Under Wis. Stat. § 17.03 , the expiration of Prehn's term on the DNR Board does not create a vacancy.”
— Wis. Stat. § 17.03(2) — 1 case
Joshua L. Kaul v. Frederick Prehn, 2022 WI 50 (Wis. 2022). “Under Wis. Stat. § 17.03 , the expiration of Prehn's term on the DNR Board does not create a vacancy.”
— Wis. Stat. § 17.03(2)(bd) — 1 case
Oconomowoc Residential Programs, Inc. v. City of Greenfield, 23 F. Supp. 2d 941 (E.D. Wis. 1998). “*953 The Village of Greendale’s zoning code defines "family” as: One person or 2 or more persons each related to the other by blood, marriage or legal adoption or a group of not more than 5 persons not all so related, together with his or their domestic servants, maintaining a…”
— Wis. Stat. § 17.03(3) — 2 cases
Joshua L. Kaul v. Frederick Prehn, 2022 WI 50 (Wis. 2022). “Under Wis. Stat. § 17.03 , the expiration of Prehn's term on the DNR Board does not create a vacancy.”
Wellnitz v. Bd. of Police & Fire Commissioners, 444 N.W.2d 412 (Wis. Ct. App. 1989). “1 Section 17.03, Stats., provides, as material here: Vacancies, how caused.”
— Wis. Stat. § 17.03(30)(d) — 1 case
Lake Country Racquet & Athletic Club, Inc. v. Vill. of Hartland, 2002 WI App 301 (Wis. Ct. App. 2002). “The village board approved this recommendation and, on December 11, 2000, the board enacted ordinance § 17.03(30)(d) 10 of the Village Zoning Code, which recognized public and private recreational uses as conditional uses in a B-5 zoning district.”
— Wis. Stat. § 17.03(4) — 1 case
Wellnitz v. Bd. of Police & Fire Commissioners, 444 N.W.2d 412 (Wis. Ct. App. 1989). “1 Section 17.03, Stats., provides, as material here: Vacancies, how caused.”
— Wis. Stat. § 17.03(4)(c) — 1 case
Wellnitz v. Bd. of Police & Fire Commissioners, 444 N.W.2d 412 (Wis. Ct. App. 1989). “1 Section 17.03, Stats., provides, as material here: Vacancies, how caused.”
— Wis. Stat. § 17.03(5) — 1 case
State Ex Rel. Zempel v. Twitchell, 367 P.2d 985 (Wash. 1962). “" Wis. Stat. Ann., § 17.03 (5). Article 5969, Vernon's Ann.”
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