ELECTIONS

Republican lawmakers consider limiting incoming Gov. Tony Evers' power over state rules

Patrick Marley and Molly Beck

Milwaukee Journal Sentinel

MADISON - The Republican plan to take power away from the incoming Democratic governor could include overhauling state boards and removing authority that Republican lawmakers handed to GOP Gov. Scott Walker when he took office in 2011.

Senate Majority Leader Scott Fitzgerald (R-Juneau) said Thursday that Republicans are looking at giving incoming Gov. Tony Evers less say in state rules that implement state laws. Eight years ago, Republicans handed Walker more power over those rules when he was first sworn in.

Republicans are concerned Evers could rewrite state rules to weaken laws Republicans have approved in the last eight years, including one that requires people to show photo identification to vote.

Fitzgerald told reporters he and other Republican lawmakers are also considering reconstituting a list of state boards "as long as my arm," including the board that oversees the state's jobs agency in light of Evers' campaign promise to eliminate the Wisconsin Economic Development Corp. and revive the state Commerce Department.

The top Senate Republican's comments came after Assembly Speaker Robin Vos (R-Rochester) told reporters Wednesday he was interested in curbing the new governor's powers but didn't say how.

“Wisconsin chose a divided government, which may result in a slower process," Vos said in a statement released Thursday.

"Governor-elect Evers made a generous offer to work together so he should not have a problem with the legislation that may be considered," Vos added. "The reforms are intended to keep both sides at the table to reach a consensus."

In a Thursday tweet, Evers said he wanted to find common ground with Republicans but would not tolerate "desperate antics to cling to power and violate the checks and balances of Wisconsin government."

"Let me be clear: the Republicans and Speaker Vos should stop any and all attempts to play politics and weaken the powers of the governor’s office in Wisconsin before I take the oath," his tweet said.

But Fitzgerald said that Evers and taxpayers shouldn't see the Republicans' efforts as undermining the new governor.

"When I picked up the paper yesterday I was like I’m not sure why there’s all this discussion about we’re trying to somehow undermine the new governor," Fitzgerald said. "That’s not the case at all. I think there’s some stuff that’s going to be reasonable."

On the timing of the review, and what message the discussion of changing the governor's power sends to Evers, Fitzgerald said: "It's about the new governor, yeah."

"Tony Evers is going to have the most powerful veto pen in the nation," he added. "The idea that he's not going to be able to keep the Legislature in check, I think would be naive to think that. It's equal balanced government and we'll respect Tony Evers like we have any other governor."

The plan to hamper a Democratic chief executive before he takes office is taken from a playbook used in North Carolina two years ago.

FULL COVERAGE: 2018 Wisconsin elections

There, Republicans approved legislation to limit the number of appointments Gov. Roy Cooper could make and require lawmakers to sign off on his cabinet appointments, according to the News & Observer in Raleigh. They passed the legislation in a lame-duck session after Cooper was elected but before he was seated.

More recently, GOP lawmakers there sought state constitutional amendments that would have further curbed the governor's powers, but voters rejected the idea Tuesday, according to Governing magazine.

In Wisconsin in 2010, Democratic lawmakers tried to rush labor contracts through the Legislature after Walker was elected but before he was sworn in. The effort failed when two Democratic senators stunned their colleagues to vote with Republicans against the labor deals.

To put limits on Evers, Republicans would need to pass legislation between now and Jan. 7. Walker would have to approve it, and he and his aides have not said whether he would go along with such a plan.

Republicans control the Senate 18-15 and could not lose two or more votes to get any plan through the Legislature. Their majority will widen to 19-14 in January, but by then Evers will have taken office and he won't agree to curb his own authority.

Sen. Rob Cowles (R-Allouez) said he would be willing to consider limiting the new governor's power over state rules but had not made up his mind on the issue.

"I'm willing to listen to the arguments," Cowles said.

Sen. Luther Olsen (R-Ripon) told The Associated Press he was open to reducing Evers' power, but said, "The optics probably look bad."

In 2011, lawmakers gave Walker more power over administrative rules. Those rules are designed to implement state laws but have more details than the laws themselves. The rules have the force of law.

Olsen expressed regret about the Legislature giving that power to Walker for the past eight years, according to The Associated Press.

"When one part of government cedes power to the other, it's never a smart move," Olsen told the AP.

Assembly Minority Leader Gordon Hintz (D-Oshkosh) decried any effort to limit Evers' power.

"Speaker Robin Vos' statements in the last two days are indicative of the kind of politician who can never have the deck stacked too far in their favor,” Hintz said in a statement.

Fitzgerald on Wednesday told conservative radio host Mark Belling on WISN-AM (1130) that changes to the rule-making process should be considered because "it’s a way that governors try to work around the legislative process." He later told reporters that the review is something lawmakers should do at the start of each session and not about Evers.

He said lawmakers were considering preventing Evers from rolling back aspects of the state's voter ID requirement by codifying rules related to that requirement in state law. He said a similar approach could be made to block changes to Act 10, the 2011 law that greatly limited collective bargaining by public workers.

In recent weeks, Walker said he wanted the Legislature to reconvene shortly after the election to take up an incentive package aimed at keeping Kimberly-Clark Corp. from shutting a plant in the Fox Valley.

Republican senators have been reluctant to take up that legislation and Fitzgerald said he didn't know if they could muster the votes to do that but said they would take up the legislation at the end of the month if enough votes were secured.

Fitzgerald said he believed he could find common ground with Evers on some issues, such as addressing opiate abuse and law enforcement.