– Editorial – - Proposed amendments are a legislative power grab
By Editorial Board
The Wisconsin State Legislature is hoping an expected low turnout for the Aug. 13 partisan primary, will mean clear sailing for attempts to pass a pair of ill-conceived and unnecessary amendments to the state constitution.
In the past two years, the legislature has bombarded Wisconsin voters with a barrage of amendments, aimed at reducing the power of the governor and inflating the power of the legislature. This is an extension of the political power games that the legislature, particularly Assembly Leader Robin Vos and Gov. Tony Evers, have played, since even before Evers was sworn into office in 2019.
The latest round of amendments deals with who decides how federal money can be spent. Specifically, the measure is in response to the billions of dollars of aids that poured into the state, during the COVID-19 pandemic. More than $4.4 billion went directly to the state through the federal Coronavirus Relief Fund, and the state and Local Fiscal Recovery Funds.
More broadly, if the amendments are adopted, they could dramatically impact the allocation of federal funds across the state, slowing down or adding political interference into how those funds are used.
The first amendment on the Aug. 13 ballot, prevents the legislature from delegating the power to allocate funds. The second ties the hands of the governor to be able to spend any federal funds, without a joint resolution or legislative rule.
During the COVID-19 pandemic, the Wisconsin State Legislature was notable as one of the least active state legislatures in the country. From the declaration of a the public health emergency, March 12, 2020, into October of that year, Wisconsin’s supposedly full-time legislature met just one time, for each house.
By comparison, other states, with full-time legislatures, had between 23 and 58 floor sessions in that same time period. Wisconsin’s legislative leadership was more concerned with playing armchair quarterback on social media about what they felt Evers was doing wrong, than in actually suiting up and getting in the game, despite invitations to do so.
For the legislature, the real problem arose, not with how Evers spent the federal funds, but that he got all the credit for it. Politicians love to be in pictures with big checks in them and the governor, bypassing the do-nothing legislature prevented the opportunity for legislators, to score brownie points with their constituents back home, and get photos for re-election mailers.
This is not to say there weren’t mistakes made. As reported by Wisconsin Watch, in 2022, an audit from the non-partisan Legislative Audit Bureau criticized Evers’ administration, for not providing documentation requested by auditors on what information was used to make spending decisions on the COVID money.
As with all other aspects of government, there need to be checks and balances, however, with these amendments, and others that have been pushed through for a rubber stamp from voters in low-turnout elections, the intent is less about preserving a balance of power and more with the consolidation of power by legislative leaders, against leaders elected on a statewide level.
Wisconsin voters must halt this politically motivated power grab, that will leave the state floundering, the next time there is a crisis where the legislature doesn’t feel like showing up to work for nearly a year. Voters must also demand that future constitutional amendments must only come to voters during the fall general elections, which, traditionally, has much higher voter participation. ————————————————————————
To amend the Wisconsin constitution, lawmakers must approve identical changes in consecutive two-year legislative sessions; the amendments do not require the governor’s approval.
From there, Wisconsin voters must approve the change, by majority vote in a referendum.
The questions, which received the first approval from the legislature in 2022, and the second earlier this year, ask: 1 “Delegation of appropriation power. Shall section 35 (1) of article IV of the constitution be created to provide that the legislature may not delegate its sole power to determine how moneys shall be appropriated?”
2) “Allocation of federal moneys. Shall section 35 (2) of article IV of the constitution be created to prohibit the governor from allocating any federal moneys the governor accepts on behalf of the statel without the approval of the legislature by joint resolution or as provided by legislative rule?”
————————————————————————
Members of the Courier Sentinel editorial board include publisher Carol O’Leary, general manager Kris O’Leary and Star News editor Brian Wilson.