Chapter 5 Case Study: Wisconsin’s Line-Item Veto Power

Governors enjoy veto power as part of their involvement in the legislative process at the state level. They can choose to veto bills they disagree with through several different means, including a pocket veto (failing to sign a bill into law after a short period following the legislative adjournment, thus vetoing it) and a line-item veto (striking down certain provisions in a bill and vetoing those specific components). As governor of Wisconsin, Tony Evers racked up many vetoes during his tenure but garnered national attention for his prolific line-item veto that challenged the division of powers between the branches of state government.

In 2023, the Wisconsin state legislature passed its state budget and sent it to the governor’s desk for a signature. The Republican-dominated legislature suggested austere measures to education funding, which is typically the largest single portion of state budgets. Evers, who requested more in his budget proposal as governor, was dissatisfied with the state legislature’s version and decided not to sign it into law. Instead, he utilized a creative approach to the line-item veto, striking down a few numbers and words to change the phrase “For the limit for the 2023–24 school year and the 2024–25 school year, add $325 to the result” to “For the limit for 2023–2425, add $325 to the result.” This clever change eliminated seven words, four digits, and one hyphen to dramatically change the impact of the language, resulting in education funding increases for the next 402 years. In addition to that particular passage, Evers dramatically reduced the proposed tax cuts and vetoed a provision that would have eliminated jobs in the University of Wisconsin system focused on promoting diversity, equity, and inclusion. Evers argued that the value of these positions and increased funding to K–12 would help further the state’s progress and improve educational and economic outcomes.

Because of the unusual edits (eliminating a hyphen and a few digits to change “2024–25” to “2425”), this veto attracted national attention. In fact, Wisconsin’s partial veto is an outlier; while many states allow for line-item vetoes, no other state empowers their governor to strike single characters, and likely for this very reason. But the line-item veto itself is not unusual. Forty-four states give their governor this special legislative power. Evers applied it 51 times in the budget from the state legislature, and even then, he was far from besting the record 457 times a Wisconsin governor has used a line-item veto (set by Tommy Thompson in 1991). Unlike the standard veto, the line-item option allows governors to accept some passages of the bill while eliminating others. Strategically, it is more flexible than a traditional veto, enabling governors to “pick and choose” what they approve and oppose. It is also more frustrating for state legislatures, who then are left to try to override vetoed provisions with a supermajority, often easier said than done.

Increased party polarization, stressed state budgets, and strife in shared power in divided government may all be factors in why this friction between the legislature and the governor came to a head. But state constitutions intentionally gave the executive branch veto authority with a recognition of the role it plays in the policy process. The governor’s responsibilities in implementing the laws and overseeing the state bureaucracy provide them with unique insight into the needs of the state. The veto option allows them to challenge the decisions of the legislature through an important procedural check. The separation of powers may be occasionally rife with conflict, but it is an essential tenet of American democracy and state government.

Critical Thinking Questions

The use of the line-item veto has been challenged in court; in 2020, three that Evers issued were overturned and determined unconstitutional by the Wisconsin State Supreme Court. What is the constitutional question that arises from this institutional mechanism? Do you believe the vetoes described in the case study would be upheld or overturned in the courts today?

What powers does the governor have in your state? Review the state constitution and research what legislative powers with regard to vetoes the governor is given. Then compare this to the authority provided to the state legislatures. How does this differ?

All states provide governors with some veto power. How would the outcome of this case have been different if the governor applied a traditional veto to the entire budget?