Respectfully submitted,
TONY EVERS
Governor
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Pursuant to s. 35.095 (1)(b), Wisconsin Statutes, the following 2023 Acts have been published: Act Number Bill Number Publication Date
hist194533Wisconsin Act 123 Assembly Bill 664 March 22, 2024 hist194532Wisconsin Act 124 Assembly Bill 298 March 22, 2024 hist194531Wisconsin Act 125 Assembly Bill 330 March 22, 2024 hist194530Wisconsin Act 131 Assembly Bill 574 March 22, 2024 hist194529Wisconsin Act 138 Assembly Bill 742 March 22, 2024 hist194528Wisconsin Act 143 Assembly Bill 627 March 22, 2024 hist194535Wisconsin Act 144 Assembly Bill 932 March 22, 2024 hist194537Wisconsin Act 145 Assembly Bill 933 March 22, 2024 hist194539Wisconsin Act 148 Assembly Bill 793 March 22, 2024 hist194541Wisconsin Act 149 Assembly Bill 29 March 22, 2024 hist194543Wisconsin Act 150 Assembly Bill 910 March 22, 2024 hist194545Wisconsin Act 151 Assembly Bill 912 March 22, 2024 hist194547Wisconsin Act 164 Assembly Bill 230 March 22, 2024 hist194549Wisconsin Act 165 Assembly Bill 550 March 22, 2024 hist194551Wisconsin Act 166 Assembly Bill 637 March 22, 2024 hist194553Wisconsin Act 167 Assembly Bill 869 March 22, 2024 hist194555Wisconsin Act 168 Assembly Bill 964 March 22, 2024 hist194557Wisconsin Act 170 Assembly Bill 548 March 22, 2024 _____________
Governor's Veto Message
March 21, 2024
To the Honorable Members of the Assembly:
The following bills, originating in the Assembly, have been vetoed in their entirety, and were returned to their house of origin, together with the objections in writing:
Bill Number Date of Veto
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I am vetoing Assembly Bill 476 in its entirety.
This bill eliminates the ability of the Governor to fill vacancies through appointment for the Office of Secretary of State, Office of State Treasurer, Attorney General, and State Superintendent of Public Instruction without confirmation by the Wisconsin State Senate. Instead, under the bill, a vacancy would be filled through a special election unless the vacancy occurs in any of these positions on or after January 1 of a year in which there is a regularly scheduled election for the office. In the latter scenario under the bill the vacancy must be filled by appointment from the Governor subject to the advice and consent of the Wisconsin State Senate for the remainder of the unexpired term.
This bill is a purely partisan reaction to my appointment to fill the vacancy in the Office of the Secretary of State in March 2023. I am vetoing this bill because I object to the Wisconsin State Legislature's continued, widespread efforts to infringe upon executive branch authority, for example, as here, by unnecessarily restricting the ability of the Governor to make appointments to fill vacancies in important roles. The provisions of this bill could result in long-term vacancies in these critical positions, disrupting continuity of government, and resulting in the absence of leadership and accountability within core state government agencies and constitutional offices.I further object to giving additional advice and consent authority to a hyper-partisan Wisconsin State Senate that has consistently abused its advice and consent powers to exact political retribution, threaten and bully dedicated public servants, and cause irreparable damage to our state's institutions.
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I am vetoing Assembly Bill 543 in its entirety.
This bill would modify certain election procedures by substantially reducing the distance between election observers and the election workers and processes they are observing. The bill also explicitly states that election observers shall have access to all stages of the election process and creates penalties to enforce these provisions against election officials. Additionally, the bill would apply election access provisions to recount procedures.
I am vetoing this bill in its entirety because I object to reducing the distance between election observers and the tables where election activities are occurring. Wisconsin's existing laws already provide robust election security measures to ensure persons who wish to observe our elections have the opportunity to do so. Under current law, Wisconsin's election procedures specify that individuals may observe election activities at a minimum distance of three feet and a maximum of eight feet at polling places, in-person absentee voting sites, and absentee ballot processing locations. This allows observers sufficient proximity to ensure election procedures are being followed correctly while also making sure local officials can provide appropriate viewing areas, given the space available, without impeding the work of local clerks, election administrators, and poll workers. This bill mandates that election observers may be no more than three feet away, increasing the potential for observers to interfere with or intimidate eligible voters casting their ballot as well as election officials performing their critical responsibilities.
I cannot support legislation that could enable voter intimidation and prevent election workers from effectively and efficiently carrying out their important duties without interference.
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I am vetoing Assembly Bill 570 in its entirety.
The bill would create a procedure for conducting an election at qualified retirement home and residential care facilities during a public health emergency or an incident of infectious disease that restricts access to such facilities, by appointing employees of such facilities as “personal care voting assistants” to assist with absentee voting. The bill would also add requirements for absentee ballots, including mandating electronic notification of ballot defects and prohibiting correction of certification errors by individuals other than the voter, or a witness with respect to a witness certificate. Furthermore, this bill would change requirements and procedures relating to special voting deputies dispatched to qualified retirement home and residential care facilities, would modify canvassing procedures under certain conditions, would prohibit individuals employed by certain political groups from serving as election officials, and would add new penalties, including categorizing certain actions as election fraud.
I am vetoing this bill in its entirety for several reasons. First, I object to delegating important election authority and responsibilities to retirement home and residential care facility employees who have minimal training in election procedures, and doing so without those employees having the benefit of supervision by an election official.
Second, I object to creating any additional barriers that may prevent eligible Wisconsinites from casting their ballot and having their vote counted, including prohibiting clerks from fixing small, technical errors like making sure an address includes the ZIP code. The purpose of the additional information required on the ballot certificate is to be able to ensure the identity of the voter and witness and to be able to locate the individuals if there is a legitimate concern or question; not to be able to invalidate a person's vote based on a minor mistake. This bill would effectively require all ballots with even the most inconsequential mistakes to be discarded unless the clerk is able to return these ballots for timely correction, increasing the likelihood that an eligible Wisconsin voter may be disenfranchised and prevented from participating in our democracy.
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I am vetoing Assembly Bill 572 in its entirety.
This bill would require the administrator of a residential care facility or qualified retirement home, or the administrator's designee, to email each designated contact of each facility occupant who intends to vote by absentee ballot with special voting deputies to inform them of the dates and times when the voting deputies will be visiting the facility or home, and to allow them to be present in the room where the voting is conducted. The bill would also require a circuit court to notify the Elections Commission, the voter, and the voter's guardian if the court determines an individual is incapable of understanding the objective of the elective process and is therefore ineligible to vote. Within three business days of receiving a notification of such ineligibility, the Elections Commission would be required to change the status of the voter to inactive on the official voter list, make a note on the list that the voter is not eligible to vote, and notify the voter and the voter's municipal clerk of this change in status. If a court restores a voter's right to vote, the court must notify the Elections Commission, and the commission must, within three business days, notify the voter that the voter is eligible, including with such notice a registration form, which the voter must complete prior to voting. The bill would further require a clerk to examine the registration list before issuing a ballot to a voter. Finally, the bill would revise the voter registration form with respect to information relating to incompetency or disqualification and would modify current law so that a person who has been determined ineligible to vote due to incompetency would not be guilty of a Class I felony if they vote during an election, though the person's vote would still be excluded.
I appreciate portions of this bill designed to better ensure individuals found ineligible to vote due to incompetency are made inactive on the voter list and protected from unnecessary felony charges if they mistakenly attempt to vote. However, I am vetoing this bill because I object to an administrator being legally required to contact every designated contact for every facility resident who intends to vote through special voting deputies.
Every eligible Wisconsinite should be able to cast their ballot without fear of interference or intimidation, including aging and older adults. Current law already permits facilities to notify a resident's designated contact who is a relative when absentee voting will be conducted if requested by the relative. However, the fact that an individual is a resident's designated contact for healthcare purposes does not necessarily mean the resident wants, needs, or is comfortable with that individual supervising the resident's voting. I cannot support legislation that could enable voter intimidation and interference while depriving eligible aging and older Wisconsinites casting their ballot of the dignity, privacy, and independence afforded to every other eligible Wisconsin voter.
Respectfully submitted,
TONY EVERS
Governor
