In determining whether the governor has acted in six 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. City of Oak Creek, 49 Wis. 2d 299, 182 N.W.2d 481 (1971).
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. State ex rel. Wisconsin 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.
Discussing the governor’s partial veto authority. Bartlett v. Evers, 2020 WI 68, 393 Wis. 2d 172, 945 N.W.2d 685, 19-1376.
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. Discussing this section and article VIII, section 8, and article XII, section 1. 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).
The Wisconsin Partial Veto: Past, Present and Future. Burke. 1989 WLR 1395.
The Cheese Stands Alone: Wisconsin’s “Quirky” Partial Veto In Its New Constitutional Era. LeRoy. 2020 WLR 833.
The Origin and Evolution of Partial Veto Power. Wade. Wis. Law. Mar. 2008.
VIARTICLE VI.
ADMINISTRATIVE
VI,1Election of secretary of state, treasurer and attorney general; term. Section 1. [As amended April 1979] The qualified electors of this state, at the times and places of choosing the members of the legislature, shall in 1970 and every 4 years thereafter elect a secretary of state, treasurer and attorney general who shall hold their offices for 4 years. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
VI,1mSecretary of state; 4-year term. Section 1m. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
VI,1nTreasurer; 4-year term. Section 1n. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
VI,1pAttorney general; 4-year term. Section 1p. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
VI,2Secretary of state; duties, compensation. Section 2. [As amended Nov. 1946] The secretary of state shall keep a fair record of the official acts of the legislature and executive department of the state, and shall, when required, lay the same and all matters relative thereto before either branch of the legislature. He shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services yearly such sum as shall be provided by law, and shall keep his office at the seat of government. [1943 J.R. 60, 1945 J.R. 73, vote Nov. 1946]
VI,3Treasurer and attorney general; duties, compensation. Section 3. The powers, duties and compensation of the treasurer and attorney general shall be prescribed by law.
The attorney general does not have authority to challenge the constitutionality of statutes. State v. City of Oak Creek, 223 Wis. 2d 219, 588 N.W.2d 380 (Ct. App. 1998), 97-2188.
A state can speak in litigation only through its agents and may select its agents without the interference of the federal courts. Typically, a state chooses to designate a singular attorney general to defend its interests, but nothing in the U.S. Constitution mandates this procedure or even the existence of an attorney general position. Planned Parenthood of Wisconsin, Inc. v. Kaul, 942 F.3d 793 (2019).
The Powers of the Attorney General in Wisconsin. Van Alstyne & Roberts. 1974 WLR 721.
VI,4County officers; election, terms, removal; vacancies. Section 4. [As amended Nov. 1882, April 1929, Nov. 1962, April 1965, April 1967, April 1972, April 1982, Nov. 1998, and April 2005]
VI,4(1)(1)
VI,4(1)(a)(a) Except as provided in pars. (b) and (c) and sub. (2), coroners, registers of deeds, district attorneys, and all other elected county officers, except judicial officers, sheriffs, and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.
VI,4(1)(b)(b) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and coroners in counties in which there is a coroner shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.
VI,4(1)(c)(c) Beginning with the first general election at which the president is elected which occurs after the ratification of this paragraph, district attorneys, registers of deeds, county clerks, and treasurers shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.