Who Gets to Decide How Federal Money for Wisconsin is Spent?

Frederica Freyberg:
You will see two questions on the fall primary ballot that you may not know how to answer. A “yes” vote on them would amend the state Constitution. “Here & Now” reporter Steven Potter explains.

Poll worker:
Hello.

Steven Potter:
Usually only about 20% of voters cast a ballot in primary elections, like the one coming up in mid-August. Voters in that election will not only choose candidates, but they’ll also see two questions that will require a “yes” or “no” answer. These two questions are about amending the state constitution and need to be approved by more than 50% of voters. Constitutional amendments approved by voters become state law, but they differ from regular bills passed by the state Legislature because the governor cannot veto them. The two constitutional amendments on the August 13th ballot specifically address how federal money given to the state of Wisconsin is spent. More specifically, it’s about who decides how federal money is spent by the state. The most prominent example of this is the billions of dollars the federal government gave to Wisconsin related to COVID-19 relief. Currently it’s the governor who decides how such federal money is spent but Republicans want to change that. Like other proposed constitutional amendments, the language voters will see on the ballot is about as clear as mud.
The first question asks 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 monies shall be appropriated? The first question would ensure that the state legislature has power over appropriating money. The second question asks allocation of federal monies: Shall section 35 (2) of article IV of the constitution be created to prohibit the governor from allocating any federal monies the governor accepts on behalf of the state, without the approval of the legislature by joint resolution or as provided by legislative rule? That second and separate question establishes the process of legislative approval before federal money can be spent. Given the ambiguity and complexity of these amendments, legal experts say it’s possible they may be taken up in court for clarification. Republicans want a “yes” vote on both questions, and Democrats are urging voters to vote “no” on both questions.

Bob Wittke:
So to put it in the constitution the way that we need it, it has to be worded that way.

Steven Potter:
Republican Representative Bob Wittke is one of the lead authors of these two constitutional amendments. He says that the Republican-controlled state Legislature saw the need for this change during the beginning of the pandemic.

Bob Wittke
$5 billion was transferred where the governor has sole discretion over how to spend it. We don’t believe that that’s good governance. We always consider the legislative branch, whether it be the Assembly or Senate, to be closest to the people.

Steven Potter:
Democratic governor Tony Evers and other Democrats in the state Legislature oppose the amendments.

Tony Evers:
For Republicans in the Legislature want to take more power for themselves. The consequences of this power grab are even worse than that. If these amendments pass, me and any other future governor will be left without the tools they need to make during, especially during times of crisis.

Steven Potter:
Wisconsin was able to act swiftly during the early days of the pandemic because there weren’t political disagreements delaying the allocation of these federal funds.

Tony Evers:
It will cause more problems with fighting between legislators and governors than we have right now, and there’s plenty of it now.

Steven Potter:
Representative Wittke disagrees and says that the Legislature can work with the governor to get federal funds out the door fast. He also acknowledges that taking it directly to voters as a constitutional amendment, instead of a regular piece of legislation, is to avoid a veto by Governor Evers.

Bob Wittke:
I think it just shows the hyper-partisan nature that it’s in. You’re looking at different tools that you can use to try to make what we would think are reforms that benefit all of Wisconsin residents.

Steven Potter:
Reporting from the state Capitol for “Here & Now,” I’m Steven Potter.