The state Supreme Court of Wisconsin has upheld a controversial partial veto by the governor that extends a school funding increase for 400 years, deeming it constitutional despite its “attention-grabbing” nature. The ruling emphasizes the unique and extensive partial veto power granted to Wisconsin governors, which is more expansive than in any other state. This power allows governors to modify spending bills by altering words, numbers, and punctuation to create new meanings or funding amounts.
Democratic Governor Tony Evers exercised this authority in 2023 by modifying a provision to increase K-12 public school funding by $325 per student annually. He adjusted the language in the budget from the 2023-24 and 2024-25 school years, changing the year 2025 to 2425, effectively extending the funding increase for over 400 years. Evers stated that the move was intended to benefit school districts “in perpetuity.”
The state’s largest business lobbying group, Wisconsin Manufacturers & Commerce, alongside the Legislature, challenged the veto. They argued that it contravened a 1990 constitutional amendment that restricts the governor’s ability to alter individual letters to form new words, known as the “Vanna White” veto. However, Evers defended his actions by indicating that the amendment only prohibits creating new words, not numbers.
The court’s decision was split 4-3, with liberal justices affirming that the governor’s action was within the bounds of the state constitution. They noted that the constitution does not restrict how significantly a partial veto can alter policy. Justice Jill Karofsky, writing for the majority, acknowledged the substantial nature of the 400-year modification but affirmed its constitutionality.
Opponents of the decision, including Republicans and conservative justices, criticized the ruling. They argued that it grants the governor excessive power to reshape laws through partial vetoes, which could lead to significant policy changes without legislative approval. Justice Brian Hagedorn expressed concern over the implications of such a broad interpretation of the governor’s veto power.
Despite the criticism, Gov. Evers welcomed the decision, highlighting its benefits for Wisconsin’s children and public schools. Conversely, Republican leaders like Assembly Speaker Robin Vos accused the court of engaging in partisan politics, suggesting that the ruling could lead schools to increase property taxes due to the new spending authority.
The partial veto power in Wisconsin has a long history, originating from a 1930 constitutional amendment. Over the years, it has been a tool for governors to navigate legislative challenges, often resulting in contentious debates. Previous attempts to limit this power include a 2020 ruling by a conservative-controlled Supreme Court, which invalidated some of Evers’ past vetoes.
The recent ruling is likely to exacerbate political gridlock in Wisconsin’s Legislature, as leaders wait for clarity on the governor’s veto powers before addressing spending bills, including the state budget. Another pending case also scrutinizes Evers’ use of partial veto on a bill concerning literacy program funding, further complicating legislative proceedings.
In their ruling, the liberal justices also highlighted potential legislative remedies to counter the governor’s extensive veto power. These include passing constitutional amendments to restrict the veto and crafting budget bills to limit the governor’s ability to reinterpret them.
