The Power of the Partial Veto in Wisconsin

MADISON, Wis. — Wisconsin Gov. Tony Evers’s recent use of a partial veto has sparked both outrage and surprise among his political opponents. This maneuver, aimed at securing a school-funding increase for the next 400 years, showcases the unique power of the partial gubernatorial veto in Wisconsin.

Former Democratic Gov. Jim Doyle observes, “Everybody will shout and scream, but he’s got ’em.”

In comparison to other states, Wisconsin governors possess the most far-reaching partial-veto power, allowing them to strike down almost any part of a budget bill. This includes removing numbers, punctuation, and words from spending bills to potentially create new laws that may contradict the state legislature’s original intent.

As a result, unless a future legislature and governor intervene, schools will experience an annual increase of $325 in their spending capacity through a combination of property taxes and state aid until 2425.

Bill McCoshen, a lobbyist who previously worked under former Gov. Tommy Thompson, a Republican, remarks, “It’s creative for sure.”

However, such use of the partial veto is not unprecedented in Wisconsin.

Reshaping State Budgets: A Longstanding Game of Veto in Wisconsin

In the political arena of Wisconsin, reshaping state budgets through the power of partial veto has become a strategic game between the governor and the legislature. Lawmakers attempt to craft bills that are resistant to creative vetoes, knowing that even the most audacious veto is rarely overridden due to the requirement of a two-thirds majority.

Republican Assembly Speaker Robin Vos, speaking in a recent interview on radio station WISN-AM, made a bold pledge to challenge the 400-year veto imposed by Governor Evers. However, Vos acknowledged the immense difficulty of such an endeavor.

According to Vos, Evers’s unprecedented 400-year veto is an entirely novel way to burden the taxpayers. This method, never before conceived by any previous governor, defies the notion of a fair process in Wisconsin.

It is worth noting that another prominent Republican governor from the past, Tommy Thompson, was also renowned for employing a unique style of veto. Termed the “Vanna White” veto, after the co-host of the game show “Wheel of Fortune,” Thompson set an impressive record for the most partial vetoes in a single year with 457 in 1991. In contrast, Governor Evers executed 51 partial vetoes this year.

Wisconsin’s political landscape is no stranger to these intriguing veto tactics. As new strategies and maneuvers continue to emerge, this age-old game of veto between governors and lawmakers shapes the state budgets year after year.

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The Power of the Partial Veto in Wisconsin

The use of the partial veto by a governor has often been a topic of debate and controversy. However, former Wisconsin Governor Thompson defends the use of this powerful tool, asserting that it is a valid option for a governor to exercise.

What sets the partial veto power in Wisconsin apart is its unique ability to alter the intent of the legislature, which was demonstrated by Governor Evers. According to Kristoffer Shields, director of the Center on the American Governor at Rutgers University, this recent display of executive power will likely be discussed and analyzed in future teachings.

The partial-veto power in Wisconsin was established through a constitutional amendment in 1930. However, over time, this power has been diminished due to reactions to vetoes made by past governors like Thompson and Doyle.

In 1990 and 2008, voters introduced constitutional amendments that limited the governor’s ability to strike individual letters or remove words and numbers from multiple sentences to create new policies. This overall curtailed some of the powers associated with the “Frankenstein” veto.

Furthermore, the courts have also made rulings that have narrowed down the scope of the veto power.

There are those, like Rick Esenberg, director of the conservative Wisconsin Institute for Law and Liberty, who anticipate legal challenges to Governor Evers’s use of a 400-year veto. Esenberg argues that this approach is an absurd way to create laws.

In 2020, the Wisconsin state supreme court supported Esenberg’s group and annulled three of Governor Evers’s partial vetoes. However, it is worth noting that the court failed to provide clear guidelines on what would be considered permissible. Two justices did remark that partial vetoes should not be utilized to introduce new policies.

With a shift in the court’s composition from conservative to liberal control in August, the future of veto power remains uncertain. This has always been a polarizing issue that has garnered both bipartisan support and criticism throughout the years.

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Tyler August, the Republican Assembly Majority Leader, expressed concern over the potential consequences, asserting that the veto could pave the way for property taxes to skyrocket for the next 400 years. As tax bills are due this December, taxpayers are urged to bear this in mind.

Doyle commended Governor Evers’ decision, describing it as “masterful” and “important,” suggesting that it was highly predictable given the circumstances. He subtly hinted at others’ regret over underestimating the impact of this strategic move, stating, “I’m sure they’re kicking themselves over why they didn’t see this little number thing.”

In an attempt to rebuild trust in the democratic process, Wisconsin election officials are now working towards reviving an inspector-general office. This initiative aims to address concerns and enhance confidence in the integrity of the state’s electoral system.

Moreover, longtime Secretary of State La Follette, a Democrat who has gradually lost power as Republicans cemented their political control in Wisconsin, surprisingly stepped down from their position recently.

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