Wisconsin Statutes
Wis. Stat. § 323.10 (2026)
Declaration by governor
✓ current as of July 2026
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323.10323.10 Declaration by governor. The governor may issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from a disaster or the imminent threat of a disaster exists. If the governor determines that a public health emergency exists, he or she may issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency. If the governor determines that the emergency is related to computer or telecommunication systems, he or she may designate the department of administration as the lead agency to respond to that emergency. A state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature. A copy of the executive order shall be filed with the secretary of state. The executive order may be revoked at the discretion of either the governor by executive order or the legislature by joint resolution.
323.10 AnnotationThis section specifies that no state of emergency may last longer than 60 days unless it is extended by joint resolution of the legislature and that the legislature may cut short a state of emergency by joint resolution. This section contemplates that the power to end and to refuse to extend a state of emergency resides with the legislature even when the underlying occurrence creating the emergency remains a threat. Therefore, when a governor relies on the same enabling condition for multiple states of emergency, or declares a new state of emergency to replace a state of emergency terminated by the legislature, the governor acts contrary to the statute’s plain meaning. Fabick v. Evers, 2021 WI 28, 396 Wis. 2d 231, 956 N.W.2d 856, 20-1718.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1957–2022 · leading case: Jere Fabick v. Tony Evers, 2021 WI 28 (Wis. 2021).
Jere Fabick v. Tony Evers, 2021 WI 28 (Wis. 2021). “In this original action, petitioner Jeré Fabick asks that we declare these second and third COVID-19-related emergencies unlawful under Wis. Stat. § 323.10 . We agree that they are unlawful and so declare.”
McGuire v. McGuire, 2003 WI App 44 (Wis. Ct. App. 2003). “§ 323.10 (1969), the predecessor to WIS. STAT.”
For Our Rights v. Ige. Concurring in Part, Nakasone, J., 507 P.3d 531 (Haw. App. 2022). “2021) (quoting Wis. Stat. § 323.10 (West 2019- 20)). The Wisconsin Supreme Court reasoned that the plain language of the statute enabled the governor to issue an emergency order for up to 60 days, but "the legislature reserves for itself the power to determine the policies that…”
Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020). “However, because we granted review of the second issue presented by the Legislature, we assume, arguendo, that rulemaking was not required, and consider Indeed, Wis. Stat. § 323.10 authorizes the Governor to 14 invoke special emergency powers for 60 days when the Governor…”
Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020). “However, because we granted review of the second issue presented by the Legislature, we assume, arguendo, that rulemaking was not required, and consider Indeed, Wis. Stat. § 323.10 authorizes the Governor to 14 invoke special emergency powers for 60 days when the Governor…”
First Nat'l Bank of Madison v. Evenson, 274 Wis. 459 (Wis. 1957). “Our attention has been called to the provisions of sec. 323.10, Stats., promulgated by this court under its rule-making power, which section became effective September 1, 1956.”
DeGroot, Derek v. Evers, Tony (W.D. Wis. 2022). “Although local governments may impose their own restrictions, the Court held that the governor’s authority to declare a state of emergency related to public health under Wis. Stat. § 323.10 is subject to a temporal limitation that Evers exceeded.”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “020(1); W Va Code 15-5- 1; Wis Stat 323.10; Wy Stat Ann 19-13-103(a) and Wy Stat Ann 35-4-115(a)(i); see also Nev Rev Stat 414.”
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