Governor of Wisconsin

Last updated

Governor of Wisconsin
Privy Seal of Wisconsin.svg
Privy Seal of the State of Wisconsin
Flag of Wisconsin.svg
Tony Evers - 2022 (crop).jpg
Incumbent
Tony Evers
since January 7, 2019
Government of Wisconsin
Style His Excellency.
The Honorable
Status Head of state
Commander in chief
Residence Wisconsin Governor's Mansion
Seat Madison, WI
Term length Four years, no term limits
Inaugural holder Nelson Dewey
FormationJune 7, 1848 (1848-06-07)
Deputy Lieutenant Governor of Wisconsin
Salary$152,756 (2022) [1]
Website Official website OOjs UI icon edit-ltr-progressive.svg

The governor of Wisconsin is the head of government of Wisconsin and the commander-in-chief of the state's army and air forces. The governor has a duty to enforce state laws, and the power to either approve or veto bills passed by the Wisconsin Legislature, to convene the legislature, and to grant pardons, except in cases of treason and impeachment. The position was first filled by Nelson Dewey on June 7, 1848, the year Wisconsin became a state. Prior to statehood, there were four governors of Wisconsin Territory.

Contents

The 46th, and current governor is Tony Evers, a Democrat who took office on January 7, 2019.

Powers

The governor of Wisconsin has both inherent powers granted by the Wisconsin Constitution and administrative powers granted by laws passed by the Wisconsin State Legislature.

Constitutional powers

The constitutional powers of the governor of Wisconsin are outlined in the Wisconsin Constitution at Article V, Section 4. In general, the governor ensures that the laws of Wisconsin are carried out.

Veto power

The governor of Wisconsin has the strongest veto power of nearly any American governor. [2] Any bill passed by the Wisconsin State Legislature must be presented to the governor, who either signs it into law, or vetoes it. In the event of a veto, the bill is returned to the legislature, who may then vote to override the veto. In 1930, the Wisconsin Constitution was amended to give the governor line-item veto power, which allows portions of appropriations bills to be struck out without rejecting the entire bill. Governors have the power to strike out words, numbers, and even entire sentences from bills. [3] The partial veto may still be overridden by the legislature.

In 1990 a further amendment specified that the line-item veto does not give the governor power to veto individual letters of appropriations bills, thereby forming new words. [4] Despite this 1990 law, the strength of the governor's veto power gave rise to the term "Frankenstein veto" to describe the governor's ability to form a new bill that subverts the intent of the legislature. In 2023, Governor Tony Evers used the power to change a portion of the state budget that funded schools until the "2024-2025" school year to "2425," increasing funding for over 400 years.[ citation needed ]

Other constitutional powers

The governor is the commander-in-chief of the state's militia. If it is deemed necessary, the governor may also convene extraordinary sessions of the state legislature; and may convene them anywhere in the state, if Madison, the state capital, is deemed unfit for the purpose due to invasion or contagious disease. [5]

The governor may pardon, commute, or grant reprieve of sentences, except in cases of treason or impeachment. The governor must notify the Wisconsin State Legislature of these each year, along with the reasons for them. In cases of treason, the governor may suspend the carrying out of the sentence until the next session of the legislature, who then vote to grant a pardon, commutation or reprieve, or to carry out the sentence. [5]

The governor must also "communicate to the legislature, at every session, the condition of the state, and recommend such matters to them for their consideration as he may deem expedient" [5] (these annual communications are referred to as the "state of the state"). [6]

Administrative and budgetary powers

The governor of Wisconsin, as head of the executive branch, also has administrative powers (the power to administer agencies created by the Wisconsin legislature). Since 1965, there has been an increase in executive orders to "establish standards and provide uniformity to executive agency operations and programs." [7] However, since 2011, the Wisconsin Legislature has attempted to limit the authority of administrative agencies. [8]

The governor also appoints heads of agencies created by the legislature. This appointment power is not explicitly granted by the Wisconsin Constitution, as it is in the appointments clause of the federal constitution, with the exception of appointing judicial vacancies. [9] Instead, the governor appoints heads of agencies by statute. The governor of Wisconsin had 307 executive appointments between 2017 and 2018. [10]

State law requires the governor to prepare an executive budget bill. [11] This helps the governor "to pursue a legislative agenda". [7]

Elections and term of office

The governor of Wisconsin is directly elected the candidate with the most votes becomes governor. If two candidates receive an equal number of votes, which is higher than that received by any other candidate, the members of the state legislature vote between the two at their next session. [12]

Under the original Wisconsin Constitution, governors were elected for a term of two years; in 1967, the constitution was amended to increase the term of office to four years, beginning with the governor elected in the 1970 election. [13] There is no limit to the number of terms a governor may hold. The longest-serving governor was Tommy Thompson, from January 5, 1987, until February 1, 2001, a total of 14 years and 28 days; the shortest-serving was Arthur MacArthur Sr., from March 21, 1856, until March 25 of the same year; a total of 5 days. [14]

Candidates for the office must be citizens of the United States and qualified voters in the state of Wisconsin. [15]

Removal

The governor usually leaves office because their term ends and they have not been re-elected. But the governor may also leave office through other means. For example, the governor may resign from office. Four governors have resigned: William Barstow due to fraud allegations, Robert La Follette Sr. to take his seat in the United States Senate, Patrick Joseph Lucey to become Ambassador to Mexico, and Tommy Thompson to become United States Secretary of Health and Human Services. Additionally two governors Louis Harvey and Walter Samuel Goodland died while in office, and Orland Loomis, who was elected governor, died before taking office. [14]

The governor can also be removed through an impeachment trial [16] or through a recall election. [17] An impeachment trial is carried out by the Wisconsin State Assembly, if a majority of its members agree to the impeachment. No governors have been removed from office through impeachment in the history of Wisconsin. However, Arthur MacArthur Sr., who, as lieutenant governor, became acting governor upon the resignation of William Barstow in 1856, was removed after the Wisconsin Supreme Court ruled that Barstow's opponent in the previous election, Coles Bashford, was the election's legitimate winner. [14]

In 2012, Scott Walker became the only governor in Wisconsin history to face a recall election and was the only governor in American history to survive a recall election until Gavin Newsom also survived in the 2021 California gubernatorial recall election. He retained his seat, defeating Milwaukee mayor Tom Barrett by seven percentage points, a margin one point greater than that of the 2010 election, [18] becoming the first governor in American history to survive a recall attempt. [19]

Election history

In the 2022 gubernatorial election, over 2.6 million voters cast ballots for governor. This was the highest turnout for a gubernatorial election in state history, surpassing the 2012 recall election by 140,000 votes. There have been 44 governors of Wisconsin and 45 individual governorships. 1 governor, Philip La Follette, served non-consecutive terms. Four parties have had their candidates elected governor: the Democratic, the Whig, the Republican and the Progressive. [14]

Relationship with the lieutenant governor of Wisconsin

Originally, the state constitution specified that the governor and lieutenant governor of Wisconsin were voted upon separately, but in 1967, the constitution was amended to state that they were elected together. [12] Prior to this amendment, there were nine incidents in which the elected governor and lieutenant governor were not of the same political party. [14]

Originally, the state constitution only said that in the event of the impeachment, removal from office, death, resignation or absence of the governor, or in the event of the governor being unfit to serve due to illness, "the powers and duties of the office shall devolve upon the lieutenant governor" for the remainder of the term or until the governor is able to return to office. [20] In 1979, the constitution was amended to specify that in the event of the governor's death, resignation or removal from office, the lieutenant governor becomes governor for the remainder of the term, but in the event of impeachment, incapacitation or absence, the lieutenant governor merely becomes "acting governor" until the governor can return to his duties. [20] The original constitution also specified that in any of the aforementioned events the secretary of state would become governor if the lieutenant governorship was vacant, but after 1979 this provision, too, was amended to distinguish between "governor" and "acting governor." [21]

Succession

Related Research Articles

<span class="mw-page-title-main">Governor of New York</span> Head of government of New York State

The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor has a duty to enforce state laws and the power to either approve or veto bills passed by the New York Legislature, to convene the legislature and grant pardons, except in cases of impeachment and treason. The governor is the highest paid governor in the country.

<span class="mw-page-title-main">Article One of the United States Constitution</span> Portion of the US Constitution regarding Congress as right

Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.

<span class="mw-page-title-main">Governor of Mississippi</span>

The governor of Mississippi is the head of government of Mississippi and the commander-in-chief of the state's military forces. The governor has a duty to enforce state laws, and the power to either approve or veto bills passed by the Mississippi Legislature, to convene the legislature at any time, and, except in cases of treason or impeachment, to grant pardons and reprieves.

<span class="mw-page-title-main">Governor of Oklahoma</span> Head of state and of government of the U.S. state of Oklahoma

The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma executive branch, of the government of Oklahoma. The governor is the ex officio commander-in-chief of the Oklahoma National Guard when not called into federal use. Despite being an executive branch official, the governor also holds legislative and judicial powers. The governor's responsibilities include making yearly "State of the State" addresses to the Oklahoma Legislature, submitting the annual state budget, ensuring that state laws are enforced, and that the peace is preserved. The governor's term is four years in length.

<span class="mw-page-title-main">Governor of Indiana</span> Head of state and government of the U.S. state of Indiana

The governor of Indiana is the head of government of the U.S. state of Indiana. The governor is elected to a four-year term and is responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government. The governor also shares power with other statewide executive officers, who manage other state government agencies. The governor works out of the Indiana Statehouse and holds official functions at the Indiana Governor's Residence in the state capital of Indianapolis.

<span class="mw-page-title-main">Governor of Kentucky</span> Head of government of the U.S. commonwealth of Kentucky

The governor of the Commonwealth of Kentucky is the head of government in Kentucky. Sixty-two men and one woman have served as governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once before becoming ineligible for four years. Throughout the state's history, four men have served two non-consecutive terms as governor, and four others have served two consecutive terms, the most recent being current governor Andy Beshear, who was re-elected to a second term on November 7, 2023. Kentucky is one of only five U.S. states that hold gubernatorial elections in odd-numbered years.

<span class="mw-page-title-main">Governor of North Carolina</span> Head of government of the U.S. state of North Carolina

The governor of North Carolina is the head of government of the U.S. state of North Carolina. Seventy-five people have held the office since its inception in 1776. The governor serves a term of four years and chairs the collective body of the state's elected executive officials, the Council of State. The governor's powers and responsibilities are prescribed by the state constitution and by law. They serve as the North Carolina's chief executive and are tasked by the constitution with faithfully carrying out the laws of the state. They are ex officio commander in chief of the North Carolina National Guard and director of the state budget. The office has extensive powers of appointment of executive branch officials, some judges, and members of boards and commissions. Governors are also empowered to grant pardons and veto legislation.

<span class="mw-page-title-main">Governor of South Carolina</span> Head of state and of government of the U.S. state of South Carolina

The governor of South Carolina is the head of government of South Carolina. The governor is the ex officio commander-in-chief of the National Guard when not called into federal service. The governor's responsibilities include making yearly "State of the State" addresses to the South Carolina General Assembly, submitting an executive budget, and ensuring that state laws are enforced.

A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases.

<span class="mw-page-title-main">Governor of Oregon</span> Head of state and of government of the U.S. state of Oregon

The governor of Oregon is the head of government of Oregon and serves as the commander-in-chief of the state's military forces. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments.

<span class="mw-page-title-main">Illinois General Assembly</span> Bicameral legislature of Illinois

The Illinois General Assembly is the legislature of the U.S. state of Illinois. It has two chambers, the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. As of 2023, the current General Assembly is the 103rd; the term of an assembly lasts two years.

<span class="mw-page-title-main">Constitution of Texas</span> Principles, institutions and law of political governance in the U.S. state of Texas

The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas.

<span class="mw-page-title-main">Constitution of New Jersey</span> State constitution of New Jersey

The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions. The first was adopted on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence and the second came into effect in 1844. The current document was adopted in 1947 and has been amended several times.

The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.

<span class="mw-page-title-main">Oklahoma Legislature</span> Legislative branch of the state government of Oklahoma

The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 state representatives, each serving a two-year term, and 48 state senators, who serve four-year terms that are staggered so only half of the Oklahoma Senate districts are eligible in each election cycle. Legislators are elected directly by the people from single member districts of equal population. The Oklahoma Legislature meets annually in the Oklahoma State Capitol in Oklahoma City.

<span class="mw-page-title-main">Lieutenant Governor of Oklahoma</span> Second-highest executive official of the state government of Oklahoma

The lieutenant governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the lieutenant governor becomes the new governor of Oklahoma upon the death, resignation, or removal of the governor. The lieutenant governor also serves as the president of the Oklahoma Senate, and may cast a vote to break ties in that chamber.

<span class="mw-page-title-main">Lieutenant Governor of Wisconsin</span> Constitutional officer of Wisconsin

The lieutenant governor of Wisconsin is the first person in the line of succession of Wisconsin's executive branch, thus serving as governor in the event of the death, resignation, removal, impeachment, absence from the state, or incapacity due to illness of the governor of Wisconsin. Forty-one individuals have held the office of lieutenant governor since Wisconsin's admission to the Union in 1848, two of whom—Warren Knowles and Jack Olson—have served for non-consecutive terms. The first lieutenant governor was John Holmes, who took office on June 7, 1848. The current lieutenant governor is Sara Rodriguez, who took office on January 3, 2023.

The Constitution of the State of Wisconsin is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens. The Wisconsin Constitution was written at a constitutional convention held in Madison, Wisconsin, in December 1847 and approved by the citizens of Wisconsin Territory in a referendum held in March 1848. Wisconsin was admitted to the United States on May 29, 1848. Although it has been amended over a hundred times, the original constitution ratified in 1848 is still in use. This makes the Wisconsin Constitution the oldest U.S. state constitution outside New England; only Massachusetts, Maine, New Hampshire, and Vermont use older constitutions.

<span class="mw-page-title-main">Government of Kansas</span>

The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.

The Constitution of the State of Yap, one of the four states of the Federated States of Micronesia, is the fundamental legal text of the State of Yap. It was adopted in 1982, promulgated on December 24 of the same year and came into force on January 1, 1983. Amendments were adopted by referendum and promulgated on November 24, 2006. The constitution comprises 15 articles. It can be consulted in English on the website of the Supreme Court of the Federated States of Micronesia.

References

General
Specific
  1. "Selected State Administrative Officials: Annual Salaries". The Council of State Governments. Retrieved August 7, 2024.
  2. "AP FACT CHECK: Wisconsin governor's veto pen is powerful". Associated Press. December 11, 2018. Retrieved September 18, 2019.
  3. Apple, R.W., Jr. "Line-Item Veto Would Begin Voyage Into a Vast Unknown", New York Times, March 27, 1995.
  4. Wisconsin Constitution, Article V, Section 10
  5. 1 2 3 Wisconsin Constitution, Article V, Section 4
  6. "Gov. Tony Evers says he's seeking to get Wisconsin out of Obamacare lawsuit in first State of the State speech". jsonline.com. Milwaukee Journal-Sentinel. January 22, 2019. Retrieved September 11, 2019.
  7. 1 2 "The Use of Executive Orders in Wisconsin" (PDF). Legislative Reference Bureau. March 2018. Retrieved September 18, 2019.
  8. "How Wisconsin Republicans Tamed the Administrative State". National Review. December 10, 2018. Retrieved September 18, 2019.
  9. Wisconsin Constitution, Article VII, Section 9
  10. "Executive Appointments". Wisconsin State Legislature. Retrieved September 18, 2019.
  11. "Statutes: Department of Administration". Wisconsin State Legislature. Retrieved September 18, 2019.
  12. 1 2 Wisconsin Constitution, Article V, Section 3
  13. Wisconsin Constitution, Article V, Section 1
  14. 1 2 3 4 5 "Wisconsin Governors since 1848; Wisconsin Constitutional Officers: Lieutenant Governors" (PDF). State of Wisconsin Blue Book 20052006. Wisconsin Legislative Reference Bureau. July 2005. pp. 30–31. Archived from the original (PDF) on October 25, 2007. Retrieved October 18, 2007.
  15. Wisconsin Constitution, Article V, Section 2
  16. Wisconsin Constitution, Article VII, Section 1
  17. Wisconsin Constitution, Article XIII, Section 12
  18. "Democrats should have never tried to recall Scott Walker - The Washington Post". The Washington Post .
  19. "Wisconsin Gov. Scott Walker Survives Recall". NPR. June 5, 2012. Retrieved September 11, 2019.
  20. 1 2 Wisconsin Constitution, Article V, Section 7
  21. Wisconsin Constitution, Article V, Section 8