Wisconsin Republicans Push to Limit Governor’s Veto Powers

Wisconsin Republicans are calling for an amendment to the state constitution aimed at narrowing the governor’s partial veto powers. The push comes amid a legal battle over Gov. Tony Evers’ use of a partial veto to extended a school funding increase for 400 years.

On Monday, State Rep. Scott Allen, R-Waukesha; State Sen. Julian Bradley, R-New Berlin; and State Sen. Cory Tomczyk, R-Mosinee, sent an email seeking cosponsors for a joint resolution pursuing an amendment that would only allow Evers and future governors to veto entire sections of a spending bill “capable of separate enactment as a complete, entire, and workable law.”

During a press conference Monday afternoon, Allen said the proposed amendment is a response to governors’ “abuses” of the partial veto power “over the decades.”

“When abuse continues over a long period of time, it’s incumbent upon the Legislature to act in a way that reigns in that abuse,” Allen said.

Because the lawmakers are seeking a constitutional amendment, their joint resolution must be passed during two successive legislative sessions and then be approved by voters in a statewide referendum.

Wisconsin Republicans have increasingly turned to constitutional amendments amid a years-long power struggle between the executive and legislative branches. By enshrining policy changes in the constitution, they avoid the possibility of a veto from the governor.

On Jan. 14, the Wisconsin Assembly passed the second consideration of a proposal to enshrine existing voter ID requirements in the constitution, all but ensuring voters will see it on ballots April 1, alongside candidates running for a pivotal Wisconsin Supreme Court election.

In a statement, Evers’ spokesperson Britt Cudaback said it “says a lot about Republicans’ priorities” that they’re attempting to put another constitutional amendment on the ballot “while they refuse to give the people of Wisconsin that same opportunity.”

“Republicans’ message to the people of Wisconsin is clear: Power for me but not for thee,” Cudaback said.

She’s referring to the GOP-controlled Legislature quickly gaveling out of a special session called by Evers to consider allowing citizen ballot initiatives. At the time, Evers said it would allow Wisconsinites to introduce a constitutional amendment to repeal the state’s 1849 ban on abortion because Republican lawmakers were uninterested.

Cudaback said Evers intends to include language allowing citizen ballot initiatives in his upcoming state budget proposal.

Wisconsin’s partial veto is unique

The partial veto powers enjoyed by Wisconsin governors stand out from all others across the nation. Currently, the only restrictions in Wisconsin are that governors cannot create new words in spending bills by vetoing individual letters and they cannot create new sentences by vetoing parts of others.

Both Republican and Democratic governors have extensively used Wisconsin’s partial veto powers, which date back to 1930.

The most recent example came from Democratic Gov. Tony Evers in July 2023. By crossing out a 20 and a dash before signing the state budget, Evers authorized school districts to receive a $325 per-pupil increase for more than 400 years. The Republican-controlled Legislature intended the increase to expire in two years.

A lawsuit challenging Evers’ veto is currently being considered by the Wisconsin Supreme Court and its 4-3 liberal majority. Both liberal and conservative justices voiced skepticism about how Evers changed the school funding provision with some calling it “extreme” and “outrageous.”

Last year, Republicans introduced a different proposal to amend the state constitution to block the governor from using a veto to increase any tax or fee.

There have been 10 challenges to Wisconsin’s partial veto authority since 1930.

In 2020, the state Supreme Court’s former conservative majority struck down four of Evers’ partial vetoes included in the 2019 state budget. But rather than a single majority opinion, the court issued what’s known as a fractured ruling with four separate opinions offering different tests for whether a partial veto can be constitutional. That outcome did not give clear guidance on how governors could use partial vetoes in the future.

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Wisconsin Republicans push to limit governor’s veto powers was originally published by Wisconsin Public Radio.