this post was submitted on 15 Apr 2024
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[–] BrianTheeBiscuiteer 47 points 3 months ago (3 children)

Important bit:

Evers took language that originally applied the $325 increase for the 2023-24 and 2024-25 school years and instead vetoed the “20” and the hyphen to make the end date 2425, more than four centuries from now.

Okay, hats off for the creative use of a veto, but that's a fucking stupid power for a governor to have.

[–] ProfessorScience 25 points 3 months ago (2 children)

It is, and I'm fine with Evers using it to either secure school funding, or have the courts codify what the limits of the veto powers are.

[–] ProfessorScience 11 points 3 months ago (1 children)

I was curious, so I looked up the amended wording, which is

(b) If the governor approves and signs the bill, the bill shall become law. Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law.

(c) In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill, and may not create a new sentence by combining parts of 2 or more sentences of the enrolled bill.

I guess I don't know how strictly laws are usually interpreted with respect to the distinction between letters in words vs digits in numbers, but I think I would expect the court to rule against Evers here; striking digits seems to be clearly against the spirit of the amendment. On the flip side, though, the partial veto has enough of an established history of gamesmanship that I would also buy the argument that an amendment intended to ban striking digits should be expected to spell that out.

[–] ProfessorScience 7 points 3 months ago

To reply to myself again as I keep going down this rabbit hole, the opinion in Citizens Utility Board v. Klauser, 534 N.W.2d 608 (Wis. 1995) includes

Thus, the amendment as ratified by the citizenry only limits the governor's veto of letters and keeps intact the Wisconsin Senate conclusion that the governor has the authority to "reduce or eliminate numbers and amounts of appropriations" and exercise a "partial veto resulting in a reduction in an appropriation."

A "reduction in appropriation" is clearly not what happened here, but the distinction between letters and numbers is apparently, at least in the opinion for this case, intentional.

[–] ilinamorato 1 points 3 months ago

Exactly. Any possible outcome is completely win-win.

[–] fluxion 14 points 3 months ago (1 children)

Okay, but that's a power for a governor to have.

Agreed.

[–] stoly 4 points 3 months ago

Nice 3D chess move.

[–] elbarto777 1 points 3 months ago* (last edited 3 months ago)

It's a stupid power indeed. How is this even acceptable? I mean, how could anyone working with the governor say "oh yeah, that veto is valid" without question or protest?

Can you imagine?

"This bill states that we will not use the death penalty to jaywalkers."

And in comes the governor vetoing the "not." Like, what the fuck?

Fucking incompetents.

Edit: and I commend the governor's intention to make sure that schools are funded. But this is not the way. Have Republicans done bullshit like this in the past? It's the only way I can think of as to why he did this.

[–] bostonbananarama 25 points 3 months ago (1 children)

I think line item vetoes are a bit ridiculous to begin with, but no one should be able to change 2025 to 2425 with veto powers.

[–] humorlessrepost 15 points 3 months ago (1 children)

Then let this guy play the Satanic Temple strategy and get line item veto power restricted or removed because the other side screams “no, not like that!”

[–] [email protected] 16 points 3 months ago (1 children)

The GOP has shown open willingness to handicap Dem governors and then roll those handicaps back as soon as they get a GOP governor.

[–] [email protected] 0 points 3 months ago (3 children)

They wouldn't be able to do that with a Supreme Court decision

[–] almar_quigley 12 points 3 months ago

My sweet summer child

[–] FuglyDuck 6 points 3 months ago

Roe v Wade is exactly that.

[–] newthrowaway20 1 points 3 months ago

Didn't we just watch the supreme Court do exactly that?

[–] [email protected] 4 points 3 months ago

This is the best summary I could come up with:


Attorneys with Wisconsin’s largest business lobbying group asked the state Supreme Court on Monday to strike down Democratic Gov.

At issue is a partial veto Evers made of the state budget in July that increased how much revenue K-12 public schools can raise per student by $325 a year until 2425.

Evers took language that originally applied the $325 increase for the 2023-24 and 2024-25 school years and instead vetoed the “20” and the hyphen to make the end date 2425, more than four centuries from now.

Numerous court decisions have also narrowed the governor’s veto power, which has drawn bipartisan support and criticism for decades.

The Wisconsin Supreme Court, then controlled by conservatives, undid three of Evers’ partial vetoes in 2020, but a majority of justices did not issue clear guidance on what was allowed.

“No Wisconsin governor has the authority to strike individual letters or digits to form a new word or number, except when reducing appropriations,” WMC Litigation Center Executive Director Scott Rosenow said in a statement.


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