How does the veto process work in Wisconsin?
It's no secret that Gov. Tony Evers and the Republican-controlled Legislature in Wisconsin don't see eye to eye on many issues, from how elections are run, to the state's educational system, marijuana, paid family leave and more.
That's why when bills come to Evers' desk to become law, vetoes are often the norm.
In fact, he set a record during the previous legislative period for the number of vetoes by a governor (126) in 2021. No governor had ever issued more than 90 vetoes in one session. And that was in 1927. The only time in the last 50 years that the number of vetoes was even above 50 for a session was in 2003 when it was the first of a four-year span in Wisconsin with a split government featuring a Democratic governor and Republican-led House and Senate.
So, what exactly goes into a veto and how does the process work?
Here are the basics on vetoes when you hear the term brought up in the coming weeks as the Legislature continues to go through the next two-year biennial budget.
A veto is essentially a vote by the governor in the legislative process when a bill comes to their desk from the state Assembly and Senate. It lets them have the final say on what is being brought through the two legislative bodies.
That's why when you have a split government like Wisconsin has had over the last five years you'll likely see more vetoes. If the governor doesn't agree with what the Legislature is doing he or she will likely cancel the bill and the stalemate continues.
But the Legislature also has power since it can override a veto with a two-thirds supermajority vote. But an override of a veto has been extremely rare in Wisconsin.
According to a report by Richard A. Champagne and Madeline Kasper that outlines the veto process in Wisconsin through the Legislative Reference Bureau and was published earlier this year, it's been 34 years since the Legislature has overridden a governor's veto or partial veto. That's the longest stretch in Wisconsin history, the report notes. It's not without trying, though. There have been 187 failed attempts at overriding full or partial vetoes during this period. However, it's been over a decade since Wisconsin's legislative bodies have even attempted to override a veto.
But could this change now in the Senate after the Republicans gained a supermajority following Dan Knodl's win this spring during a special election? It's unlikely because Republicans still don't have a supermajority in the state Assembly. In last fall's election, they had to flip five seats to take over two-thirds of the seats in the Assembly. Republicans flipped only three.
From the time Wisconsin became a state in 1848, governors have had the power to veto complete bills. And starting in 1930, there was an amendment to the constitution that gave governors the ability to enact a partial veto.
That means if there are parts of a bill that a governor likes it can be divided into separate propositions for the Assembly and Senate. Partial vetoes are often more popular than complete overrides in Wisconsin. Even when Republican Gov. Scott Walker was in charge with a Republican-controlled legislature during much of the 2010s, he issued hundreds of partial vetoes. In 2015 he made 104 partial vetoes and in 2017 he issued 98.
After a partial veto is made by a governor, it's then up to the state Assembly and state Senate to determine the next steps.
If the Senate doesn't override a governor's veto, it's removed for the remainder of the biennial legislative session. However, in the Assembly, a veto can be reconsidered at any point during the legislative biennium. A successful veto override is then relayed to the other legislative body, which also needs a two-thirds vote.
A governor has six days (not counting Sunday) to veto a bill when it comes to their desk, according to the Wisconsin Constitution. If a bill is not returned to the Legislature within this period it becomes law.
Evers' Madison office can be reached at 608-266-1212, and his Milwaukee office is at 414-227-4344. Here's an email directory for every state senator, and an email directory for Assembly members.
You can also write to any state senator through this address: P.O. Box 7882, Madison, WI 53707-7882
And you can write to any member of the Assembly through these addresses:
Wisconsin's budget:Gov. Tony Evers calls GOP bill to fund local governments inadequate, says he would veto it
Assembly members with last names beginning with A through L: Assembly members with last names beginning with M through Z: Wisconsin's budget: