Overview

Wisconsin has a bicameral legislature, consisting of an Assembly and a Senate. The state constitution dictates the size of both bodies — the Assembly must be between 54 and 100 members and the Senate must be no less than one fourth and no more than one third of the size of the Assembly. Wis. Const. Art. IV, § 2. Currently, the Assembly is made up of 99 members and the Senate consists of 33 members.

The state legislature plays a limited role in election administration and oversight. However, the legislature has the power to appoint four members of the Wisconsin Elections Commission, the body with primary responsibility over elections in the state. Wis. Stat. Ann. § 15.61(1)(a). The Senate also must confirm the Governor’s two appointments to the WEC, as well as the WEC Administrator. Wis. Stat. Ann. §§ 15.61(a), (b). The state legislature also has oversight over administrative agencies’ rulemaking authority, and in this capacity, has oversight over the WEC’s rules. Wis. Const. Art. IV, § 1. In addition, as the lawmaking body in the state, the legislature has the ability to pass election-related legislation, including legislation affecting the canvassing and certification processes. Wis. Const. Art. IV, § 1. Lastly, the state legislature may order the audit of a state agency, including the WEC, through the Legislative Audit Bureau. Wis. Stat. Ann. § 13.94.

Republicans currently control both houses of the legislature. The Speaker of the Assembly is Robin Vos, the Majority Leader is Tyler August, and the Minority Leader is Greta Neubauer. State Assembly. The Senate Majority Leader is Devin LeMahieu, the Minority Leader is Dianne Hesselbein, and the Senate President is Chris Kapenga. State Senate. **The next election for the state legislature will be in November 2024, in which all 99 of the Assembly seats and approximately half of the Senate seats will be on the ballot. Cameron.

Election-Related Duties

The key duties of the state legislature are:

1. Appointing Commissioners to the WEC, confirming Commissioners appointed by the Governor, and confirming the WEC Administrator. Wis. Stat. Ann. §§ 15.61(a), (b).
2. Passing legislation related to elections, including laws affecting canvassing and certification. Wis. Const. Art. IV, § 1.
3. Overseeing the WEC’s rulemaking authority. Wis. Const. Art. IV, § 1.
4. Ordering an audit of the WEC. Wis. Stat. Ann. § 13.94.

Selection and Vacancy Information

• **Elected: ****Representatives in the Assembly are elected biennially in even-numbered years. Wis. Const. Art. IV, § 4. Members of the Senate are elected every four years, with approximately half of the Senate up for election every two years in the same year as the Assembly. Wis. Const. Art. IV, § 5.
• Tiebreaking: **In the event of a tie, the winner is chosen by lot in the presence of the Board of Canvassers responsible for determining the outcome of the election. Wis. Stat. Ann. § 5.01(4)(a). The candidates may draw for themselves, or the Board of Canvassers will appoint a person to draw. Wis. Stat. Ann. §§ 5.01(4)(c), (d).
• Term of Office: Members of the Assembly are elected for two-year terms. Wis. Const. Art. IV, § 4.  Members of the Senate are elected for four-year terms. Wis. Const. Art. IV, § 5.
• Next Election: The next general election for the Assembly and Senate will be November 5, 2024. All 99 of the Assembly seats and 16 of the 33 Senate seats will be on the ballot. Cameron.
• Qualifications: Members of the legislature must have resided in the state for one year and be a registered voter in the district the member represents. Wis. Const. Art. IV, § 6.
• Vacancy: **In the case of a vacancy in either house, a special election is held to fill the seat for the unexpired term. Wis. Stat. Ann. § 17.19(1).