GOP lawmakers spark new clash over Tony Evers' authority with constitutional amendment to limit veto power

MADISON - After Gov. Tony Evers used his veto pen last week to send tens of millions of dollars more to schools than what lawmakers approved, Republicans are seeking to limit the governor's veto power over future state budgets.

Sen. David Craig of Big Bend and Rep. Mike Kuglitsch of New Berlin are proposing to amend the state constitution to prevent Evers and future governors from using their veto authority to increase funding levels in state budgets passed by the Legislature. 

The effort is sure to spark another clash between Democrats and Republicans over Evers' powers — a battle first waged in December when GOP lawmakers passed legislation to shift the new governor's powers to the Legislature.

The proposed constitutional amendment comes less than a week after Evers issued 78 partial vetoes to the Republican-authored 2019-'21 budget and moved an additional $65 million toward schools.

Craig and Kuglitsch called the move a "power grab" and the limits proposed by the pair have the backing of legislative leadership, giving the proposal a clear path to voters because a constitutional amendment does not require the governor's approval.  

"This unilateral abuse of power taken by the executive branch cannot go unchecked by the Legislature without seriously damaging the separation of powers doctrine in Wisconsin," the Republican lawmakers wrote in a memo to colleagues seeking support for the legislation.  

A spokeswoman for Evers said Republican lawmakers were throwing another temper tantrum after not getting their way.

"These sore losers want to change the rules every time they don’t get their way," spokeswoman Melissa Baldauff said. "Republicans in the Legislature chose to ignore the will of the people, but Gov. Evers listened to the people who overwhelmingly said they wanted to see more investments in our public schools."

In his action on the state budget, Evers steered more funding for schools, canceled plans for a new prison and restored state funding for Milwaukee's child welfare system.  

The Democratic governor also scaled back funding to enforce drug testing and work requirements in the state's food assistance program. And Evers eliminated a budget provision aimed at appeasing a GOP lawmaker that would have allowed Tesla to sell its electric vehicles directly to consumers. 

Evers kept an income tax cut for the middle class that both he and Republicans wanted but wiped out GOP plans to lower vehicle registration fees for some truck owners. Evers retained Republican plans to raise other vehicle fees. 

The action came after Republican lawmakers stripped out the pillars of Evers' state budget proposal, including expanding Medicaid by tapping into $1 billion of federal funds, increasing funding for schools by $1.4 billion and create a nonpartisan redistricting commission to draft new legislative maps after the 2020 census.

Senate Majority Leader Scott Fitzgerald said the proposal reflects concerns within his caucus and Assembly Speaker Robin Vos said he supports the measure.

"Governors of both parties have used their partial veto powers to increase appropriations above what is authorized by the Legislature, which is concerning to lawmakers who are tasked with setting spending levels," Fitzgerald said in a statement. 

Vos said barring the governor from increasing spending through a veto is common sense. 

But Senate Majority Leader Jennifer Shilling, D-La Crosse, said the Republican proposal resembles the goals of the December legislation aimed at curbing Evers' power.

"Republicans are still in election denial and continue to look for ways to undermine our democratically elected governor every step of the way," Shilling said. 

Assembly Minority Leader Gordon Hintz said the effort is "an attack on the institution of democracy."

"The public should be outraged at the repeated attempts to change the powers of the office because they disagree with how those powers were used," he said.

Strongest veto powers in nation

Wisconsin governors have the strongest veto powers in the country, allowing them to hold the upper hand in budget standoffs.

Governors here can strike out words and numbers, allowing them to structure parts of the state's spending plans in ways lawmakers never intended and are able to strike individual words and numbers from legislation that appropriates money. 

Evers doesn't have as much flexibility as two of his predecessors — Republican Tommy Thompson and Democrat Jim Doyle — because voters over the years have amended the state constitution to curtail the veto powers of governors.

Thompson was able to use the "Vanna White veto" — named for the "Wheel of Fortune" hostess — to remove letters from words to create new words. He and Doyle were able to use the "Frankenstein veto" to string together parts of two or more sentences to create a new sentence. 

Thompson said Tuesday he supports the proposed amendment but said attempts to curtail veto powers should then go no farther. 

"I support it because even though I am the record holder of vetoes I'm not going to criticize a governor who vetoes, but there's one area I do not believe the governor should be able to veto and that's to increase appropriations," Thompson said. "That's left up to the Legislature."

Doyle did not respond to whether he supported the proposed limit. 

Jay Heck, executive director of the liberal group Common Cause in Wisconsin, told the Wisconsin State Journal the Evers veto may be too powerful.

“He still has the greatest veto authority in the nation,” Heck said. “It would be wise to take a look at that, see if it could be brought down to scale.”

A proposed constitutional amendment requires adoption in two consecutive legislative sessions before it goes to voters for approval. Amendments do not require governors' approval.  

Lawrence Andrea of the Milwaukee Journal Sentinel contributed to this report.