Here are the two constitutional amendment questions that will appear on the Aug. 13 primary election ballot:
That’s the basic goal of both referendums — to give the state assembly and state senate power to intervene in how the governor spends federal money.
“A ‘yes’ vote supports amending the state constitution to require legislative approval via a joint resolution before the governor can expend federal money appropriated to the state.”
“A ‘no’ vote opposes this amendment, thereby allowing the governor to accept and allocate federal funds without seeking legislative approval.”
Currently, the Wisconsin governor is the conduit by which federal funds are delivered to the state, under Chapter 16 of the State Statutes. As the conduit, the governor “may stipulate…such conditions in the governor’s discretion…to safeguard the interests of the state.”
The August 13th ballot questions, if approved by voters, would remove this authority from the executive branch and require legislative approval before the governor could allocate federal monies and help Wisconsinites and their communities. This additional time-consuming step could slow or halt the distribution of federal dollars.
They are the first referendums in Wisconsin history that voters have been asked to decide on during an August primary.
Both questions were approved by only Republican members of the Wisconsin Assembly and State Senate and were opposed by all Democratic legislators and by Gov. Tony Evers.
Wisconsin does not require the text of these amendments to be made available in plain English.
According to Badger Institute:
What are the basics of the constitutional amendment on major federal spending?
On Aug. 13, voters across the states should vote “yes” to two questions that would amend the state Constitution. The first would prohibit the legislature from ceding its “sole power to determine how moneys shall be appropriated” and the second would prevent the governor from spending money from major federal allocations without legislative approval. (You can find the ballot questions here.)
But doesn’t the Legislature already work with the governor on federal funding?
The Legislature had no input into how or where to spend billions of dollars that came to Wisconsin through three congressional bills— the CARES Act, the American Recovery Plan Act and the Infrastructure Investment and Jobs Act. The governor and the Legislature debate and decide on billions of federal dollars in every state budget, but whoever the governor may be has sole discretion over these sorts of revenue.
How come the Legislature is left out?
As far as can be determined, the governor assumed authority during the Depression without a vote ever having been taken. Since then, the Legislature is afforded no opinion on special or emergency federal appropriations. Wisconsin is now one of only 16 states that grant their governors sole authority over these allocations.
So, what changed?
In a critical report, the non-partisan Legislative Audit Bureau called on the governor’s administration to provide “clear and comprehensive information that will allow legislators and the public to more readily identify how these funds are spent in the future.” The authors of Assembly Joint Resolution 6 proposed the constitutional amendments.
Was there reason for concern?
The Badger Institute has over the past three years found numerous instances of waste, fraud, and abuse in “emergency” spending. The state is still sitting on $1.1 billion of this funding with no explanation for why and where that “emergency” money might one day go.
Some critics of the amendment say it’s undemocratic, that it eliminates checks and balances. Is that true?
The opposite is true. Passing this amendment would give the 33 state Senators and 99 Assembly members, elected by you, a say in where all of that money goes. It doesn’t get much more democratic than that.
They also say it’s on a ballot that few voters will come out for. True?
This was as soon as the authors could get their amendment question before the voters. While the November election is likely to draw more voters, a question as important as a constitutional amendment is far less likely to get lost on a ballot in August.
But with all of the gridlock in Madison, isn’t this just the usual power grab?
A change in the state Constitution — not made or undone easily — is binding on every governor, regardless of party, and every Legislature, regardless of majority or makeup.
According to the League of Women Voters of Wisconsin:
1. Wisconsinites deserve a well-resourced government that is able to fund necessary programs and infrastructure like our roads in a timely manner (especially in emergencies). These changes to our state constitution would add red tape and slow the government’s ability to respond to emergencies when we need help the most – harming our communities and Wisconsin families .
2. Our tax dollars go toward federal funds that support our schools, infrastructure, parks, health care, renters, small businesses, public benefits and so much more. They provide relief to Wisconsinites in urgent times of crises such as natural or economic disasters and public health emergencies. When Wisconsin gets federal funds, it’s our money coming back to us.
3. Our current legislators were elected under non-representative voting maps which means they are not responsive to Wisconsin voters. In times of need Wisconsinites cannot afford to have their relief held up in legislative gridlock.
4. It is easier for Wisconsin voters to hold the governor accountable for how federal funds are spent than the entire legislature. The governor is accountable to the whole state. The governor was elected in a fair, statewide election and entrusted to deal with federal money.
5. These changes are not fixing a problem. Our laws already give legislators a say in how tax dollars are spent through the state budget-making process. This change does not belong in our state constitution.
