There are new challenges to Wisconsin Gov. Tony Evers’ 400-year school funding increase.
Both the Wisconsin Institute for Law and Liberty and the Institute for Reforming Government recently filed amicus briefs with the Wisconsin Supreme Court, challenging the governor’s veto power.
“The partial veto power is a tool in the governor’s toolbelt, but it has a specific purpose. When it comes to fiscal policy, the partial veto power is a one-way rachet. It empowers the governor to tighten public spending and taxation by eliminating or reducing budgetary items, but it does not permit the reverse. The governor cannot use the partial veto power to increase either appropriations or revenue. That function requires a different tool – legislative power – which is not in the governor’s toolbelt,” IRGs brief states.
Evers changed a line in the current state budget to change a two-year school funding increase into a 400-year increase.
IRG CEO C.J. Szafir said the governor’s veto is both “unconstitutional and sets a disastrous precedent for policy.”
“Separation of powers is worth the fighting for and while we do not file a lot of briefs, we felt this was a debate that we couldn’t sit out,” Szafir added.
WILL Attorney Skylar Croy called Evers’ veto both “dangerous and unconstitutional.”
“No executive should have the power to single handedly manipulate bills into something entirely beyond the legislature’s intentions. Continuing to operate this way will create negative consequences far into the future,” Croy added.
Evers changed the line “for the limit for the 2023-2024 school year and the 2024-2025 school year, add $325” to read “For the limit for 2023-2425, add $325.”
WILL’s argument to the court states that while the Wisconsin Constitution gives the governor a limited partial veto power.
“Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law,” the constitution states.
“However, a ‘part’ refers to a ‘part’ of the policy proposal in the bill, not the alphanumeric characters,” WILL argues to the court.
The Wisconsin Supreme Court in June said it would consider the case and has asked for arguments.
Evers has defended the 400-year funding increase as a way to “provide school districts with predictable long-term increases for the foreseeable future.”
The court has not said when it will hear oral arguments in the case.
