Wisconsin Statutes
Wis. Stat. § 17.19 (2026)
Vacancies, elective state offices; how filled
✓ current as of July 2026
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17.1917.19 Vacancies, elective state offices; how filled. Vacancies in elective state offices shall be filled as follows:
17.19(1)(1) Members of legislature. In the office of state senator or representative to the assembly, by election, as provided in s. 8.50, for the residue of the unexpired term. In addition, an anticipated vacancy in the office of state senator or representative to the assembly may be filled as provided in s. 8.50 (4) (e).
17.19(2)(2) Judicial. In the office of justice of the supreme court, court of appeals judge or circuit judge, by temporary appointment by the governor, which shall continue until a successor is elected, as provided in s. 8.50 (4) (f), and qualifies. When so elected the successor shall hold the office for a full term and shall take office on August 1 succeeding the election.
17.19(3)(3) Presidential electors. In the office of presidential elector, by the remaining electors present in the manner prescribed by s. 7.75.
17.19(3s)(3s) District attorney. In the office of district attorney, by appointment of the governor for the residue of the unexpired term and until a successor is elected and qualified.
17.19(4)(4) Other elective state officers. In the office of secretary of state, treasurer, attorney general or state superintendent, by appointment by the governor, and a person so appointed shall hold office until a successor is elected, as provided in s. 8.50, and qualifies, but if no such election is held, the person so appointed shall hold office for the residue of the unexpired term.
Notes of Decisions
Cited in 4
cases, 1980–2009 · leading case: Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003).
Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003). “The interpretation is also supported by Wis. Stat. § 17.19 : Vacancies in elective state offices shall be filled as follows: .”
Comm. to Retain Judge Byers v. Elections Bd., 291 N.W.2d 616 (Wis. Ct. App. 1980). “Finally, sec. 17.19(2), Stats., denominates a vacancy in the office of circuit court judge as a state office vacancy as distinguished from a vacancy in a county office as defined in sec.”
Omegbu v. Milwaukee Cnty., 326 F. App'x 940 (7th Cir. 2009). “2d 888, 889 (1996); see also Wis. Stat. § 17.19 (listing “district attorney” as an “elective state office”) (emphasis added).”
Omegbu v. Milwaukee Cnty., 326 F. App'x 940 (7th Cir. 2009). “2d 888, 889 (1996); see also Wis. Stat. § 17.19 (listing “district attorney” as an “elective state office”) (emphasis added).”
— Wis. Stat. § 17.19(2) — 1 case
Comm. to Retain Judge Byers v. Elections Bd., 291 N.W.2d 616 (Wis. Ct. App. 1980). “Finally, sec. 17.19(2), Stats., denominates a vacancy in the office of circuit court judge as a state office vacancy as distinguished from a vacancy in a county office as defined in sec.”
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