The state of Wisconsin finds itself at the center of a significant legal ruling regarding the expansive veto powers of its governor. The Wisconsin Supreme Court, in a narrow 4-3 decision, upheld the authority of the Democratic governor to enact a partial veto that effectively secures increased funding for schools over the next 400 years. This decision underscores the unique veto powers held by governors in Wisconsin, a power unmatched by any other state.
This ruling affirms the longstanding tradition in Wisconsin that allows governors to modify spending bills by selectively removing words, numbers, and punctuation to alter their meaning. Unlike most states, where governors are limited to simply cutting or reducing spending, Wisconsin’s governor can effectively rewrite sections of a bill.
The liberal majority on the court determined that the state constitution permits the governor to manipulate digits to create new timelines or extend durations, even if it results in a dramatic change, such as a 400-year funding increase for schools. The court emphasized that the constitution does not restrict the degree of policy change a partial veto can bring about.
Meanwhile, the conservative justices voiced their dissent, arguing that the state’s current situation enables the governor to essentially craft new laws through partial vetoes, a situation they described as untenable under the state constitution.
The case arose from a challenge supported by the Republican-led Legislature, which sought to overturn the governor’s use of the partial veto. This veto had modified a school funding bill to increase allowable revenue per student by $325 annually until the year 2425, a move that critics claim contradicts a 1990 amendment intended to limit such powers. The amendment, known as the “Vanna White” veto limitation, was designed to prevent governors from creating new words by striking out individual letters.
Governor Evers defended his actions, stating that his use of the veto was consistent with established practices, as the restriction applies only to forming new words, not to altering numbers.
This partial veto power, originating from a 1930 constitutional amendment, has been a contentious tool through the years, often leading to struggles between the executive and legislative branches. The ruling comes at a time when Republican leaders are contemplating further actions, including a potential constitutional amendment, to curtail this powerful tool.
Pending before the court is another case involving the governor’s veto powers, specifically regarding a bill concerning spending on literacy programs. The outcome of this case may further define the scope of the governor’s veto authority. Lawmakers await this decision, which could have significant implications on future legislation and budget considerations in Wisconsin.