9. Can a person vote to fill his/her own vacancy on a municipal governmental body such as a village board or city council?

No. There are two basic scenarios presented by this question. The first is when the outgoing member seeks to vote before they have vacated their office. The second is where the member seeks to vote after they have vacated their office.

In the first scenario, the outgoing member cannot vote on the vacancy because there is no vacancy to fill. The outgoing member is still a member of the body at the time of the vote.

In the second scenario, the former member cannot vote on the vacancy because they are no longer a member of the body. As a non-member, that person has no authority to cast a vote on any issue as part of the body they no longer belong to. An exception to this arises when a current village trustee is appointed to fill a vacant village president position pursuant to Wis. Stat. § 61.325. In that instance, the trustee appointed as president would still be a voting member of the governing body and able to participate in a vote to fill the now vacant trustee position. 

(rev. 10/19)

Show All Answers

1. 1. What is the proper procedure for filling vacancies in city or village offices?
2. 2. Does a council member or village trustee vacate their office by temporarily moving out of the district or village they represent?
3. 3. What is the proper procedure for resigning from a municipal elective or appointive office?
4. 4. Is there a time limit within which vacancies on a municipal governing bodies must be filled?
5. 5. Must an appointed municipal official be a resident of the municipality he or she serves?
6. 6. Can a minor (i.e., someone who has not reached the age of 18 years) be appointed to a municipal committee or commission?
7. 7. If a municipal official is temporarily unable to perform duties due to illness, may the governing body appoint someone temporarily until the officer is able to return and perform their duties?
8. 8. Does an elected local government official automatically vacate his or her office if s/he moves outside out of the municipality or aldermanic district for which s/he was elected?
9. 9. Can a person vote to fill his/her own vacancy on a municipal governmental body such as a village board or city council?
10. 10. If a new position is created by the municipal governing body, can a member of the governing body resign from the board and apply for the new position?
11. 11. What is the proper method for making an appointment to fill a vacancy in an appointed office?