Executive clemency in Wisconsin. Bauer, 1973 WLR 1154.
To Forgive, Divine: The Governor's Pardoning Power. Bach. Wis. Law. Feb. 2005.
V,7 Lieutenant governor, when governor. Section 7. [As amended April 1979]
V,7(1) (1) Upon the governor's death, resignation or removal from office, the lieutenant governor shall become governor for the balance of the unexpired term.
V,7(2) (2) If the governor is absent from this state, impeached, or from mental or physical disease, becomes incapable of performing the duties of the office, the lieutenant governor shall serve as acting governor for the balance of the unexpired term or until the governor returns, the disability ceases or the impeachment is vacated. But when the governor, with the consent of the legislature, shall be out of this state in time of war at the head of the state's military force, the governor shall continue as commander in chief of the military force. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
The meaning of "absence" is discussed. 68 Atty. Gen. 109.
V,8 Secretary of state, when governor. Section 8. [As amended April 1979]
V,8(1) (1) If there is a vacancy in the office of lieutenant governor and the governor dies, resigns or is removed from office, the secretary of state shall become governor for the balance of the unexpired term.
V,8(2) (2) If there is a vacancy in the office of lieutenant governor and the governor is absent from this state, impeached, or from mental or physical disease becomes incapable of performing the duties of the office, the secretary of state shall serve as acting governor for the balance of the unexpired term or until the governor returns, the disability ceases or the impeachment is vacated. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
V,9 Compensation of lieutenant governor. Section 9. [Amended Nov. 1869; repealed Nov. 1932; see 1868 J.R. 9, 1869 J.R. 2, 1869 c. 186, vote Nov. 1869; 1929 J.R. 70, 1931 J.R. 53, vote Nov. 1932.]
V,10 Governor to approve or veto bills; proceedings on veto. Section 10. [As amended Nov. 1908, Nov. 1930, April 1990 and April 2008] (1)
V,10(1)(a) (a) Every bill which shall have passed the legislature shall, before it becomes a law, be presented to the governor.
V,10(1)(b) (b) If the governor approves and signs the bill, the bill shall become law. Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law.
V,10(1)(c) (c) In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill, and may not create a new sentence by combining parts of 2 or more sentences of the enrolled bill.
V,10(2)(a) (a) If the governor rejects the bill, the governor shall return the bill, together with the objections in writing, to the house in which the bill originated. The house of origin shall enter the objections at large upon the journal and proceed to reconsider the bill. If, after such reconsideration, two-thirds of the members present agree to pass the bill notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present it shall become law.
V,10(2)(b) (b) The rejected part of an appropriation bill, together with the governor's objections in writing, shall be returned to the house in which the bill originated. The house of origin shall enter the objections at large upon the journal and proceed to reconsider the rejected part of the appropriation bill. If, after such reconsideration, two-thirds of the members present agree to approve the rejected part notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present the rejected part shall become law.
V,10(2)(c) (c) In all such cases the votes of both houses shall be determined by ayes and noes, and the names of the members voting for or against passage of the bill or the rejected part of the bill notwithstanding the objections of the governor shall be entered on the journal of each house respectively.
V,10(3) (3) Any bill not returned by the governor within 6 days (Sundays excepted) after it shall have been presented to the governor shall be law unless the legislature, by final adjournment, prevents the bill's return, in which case it shall not be law. [1905 J.R. 14, 1907 J.R. 13, 1907 c. 661, vote Nov. 1908; 1927 J.R. 37, 1929 J.R. 43, vote Nov. 1930; 1987 A.J.R. 71, 1989 S.J.R. 11, vote April 1990; 2005 J.R. 46, 2007 J.R. 26, vote April 2008]
In determining whether the governor has acted in 6 days, judicial notice may be taken of the chief clerk's records to establish the date the bill was presented to the governor. State ex rel. General Motors Corp. v. Oak Creek, 49 Wis. 2d 299, 182 N.W.2d 481.
The governor may veto individual words, letters and digits, and may also reduce appropriations by striking digits, as long as what remains after the veto is a complete, entire, and workable law. Wis. Senate v. Thompson, 144 Wis. 2d 429, 424 N.W.2d 385 (1988).
The governor may approve part of an appropriation bill by reducing the amount of money appropriated by striking a number and writing in a smaller one. This power extends only to monetary figures and is not applicable outside the context of reducing appropriations. Citizens Utility Board v. Klauser, 194 Wis. 2d 485, 534 N.W.2d 608 (1995).
The governor may not disapprove of parts of legislation by writing in new numbers except when the disapproved part is a monetary figure that expresses an appropriation amount in an appropriation bill. Figures that are not appropriation amounts but are closely related to appropriation amounts are not subject to such a "write-in" veto. Risser v. Klauser, 207 Wis. 2d 176, 558 N.W.2d 108 (1997), 96-0042.
The taking of yea and nay votes and the entry on the journals of the senate and assembly can be complied with by recording the total aye vote together with a listing of the names of those legislators who voted no, were absent or not voting or were paired on the question. Art. V, sec. 10; Art. VIII, sec. 8; Art. XII, sec. 1 discussed. 63 Atty. Gen. 346.
The governor may not alter partial vetoes once the approved portion of the act has been delivered to the secretary of state and the disapproved portion returned to the house of origin. 70 Atty. Gen. 154.
Failure of the governor to express objections to several possible partial vetoes of the 1981-82 budget bill made any such possible vetoes ineffective. 70 Atty. Gen. 189.
The governor's partial veto of section 1117g of 1991 Wis. Act 269 did not result in a complete and workable law and was invalid. Because the governor's approval was not necessary for the bill to become law, the invalidity of the partial veto resulted in s. 605.35 being enforced as passed by the legislature. 80 Atty. Gen. 327.
The partial veto power violates no federal constitutional provision. Risser v. Thompson, 930 F.2d 549 (1991).
Wisconsin partial veto. 1989 WLR 1395 (1989).
The Origin and Evolution of the Partial Veto Power. Wade. Wis. Law. March 2008.
