Capitol Letters: Well, this is interesting....

State Rep. Megan Jones

A unanimous Wisconsin Supreme Court gave the legislature a major victory in late June as it ruled against Governor Tony Evers’ partial veto of policy directives for a state literacy program. What makes the case unique is that the funding for the program was not appropriated to the Wisconsin Department of Public Instruction, but instead was put in the Legislature’s “emergency account.”

In 2023, Evers signed legislation creating an early literacy coaching program. The bill also created grants for schools that adopt approved reading curricula to pay for changing their programs and to train teachers on the new practices. The funding for the program was provided in a different bill, which directed $50 million be appropriated for the program. But instead of the funding going to Governor Evers and his Department of Public Instruction, the money was put in the Legislature’s Emergency Account, putting the bicameral Budget Committee in control of the funding for the program.

The court battle began when Evers used his partial veto power (similar to a line-item veto in Iowa) of a bill setting out the mechanism of how the $50 million would be spent. Evers said his actions would simplify administration of the program. It also eliminated early literacy funding under the program for schools receiving that state’s school vouchers and charter schools.

The Legislature challenged the veto in court, since the bill did not make any appropriations and the use of the partial veto in Wisconsin is limited to bills that spend money. Evers countered that the courts should rule that his veto was valid under state law, and instead find that the Legislature does not have the power to appropriate money to itself.

The Wisconsin Supreme Court was a national issue this spring when a hard-left judge was elected to the court, giving liberals a 4-3 edge on the panel. But in this case, the ruling was 7-0 against Evers. The court found his veto did violate the partial veto law, while also approving the Legislature’s ability to appropriate funds to itself even when they are to be used to pay for programs within the executive branch.

Some legal experts were surprised by the verdict and its unanimity, as this court had previously upheld a different Evers partial veto which creatively redrafted a school finance bill to provide annual school funding growth for the next four hundred years.

With the new ruling, a debate still remains in Wisconsin as to how the $50 million of early literacy funding will be distributed. But this case may serve as a guide to other legislatures as to how to ensure funding gets to where they intended when there is disagreement with the executive branch — put it into the legislature’s account.

Email: megan.jones@legis.iowa.gov.