Gov. Tony Evers attempts to repeal Wisconsin lame-duck laws in budget again

Democratic Gov. Tony Evers still wants certain powers restored to his office.

In his executive budget proposal, Evers last month proposed repealing a series of controversial laws that were approved in a 2018 “lame-duck” session after he defeated his Republican predecessor Gov. Scott Walker, but before he took office. The laws stripped the governor and attorney general of certain powers and instead gave them to the Legislature.

He’s called for repealing the laws in all four of his proposed budgets.

One law Evers targeted, for example, specifies that when the state Senate rejects the governor’s nominees for state government positions, the governor may not reappoint that person to the same position. The law clarifies what “with the advice and consent of the Senate” means in other parts of state law. Evers’ proposal to cut the statute prompted outrage from one Republican senator last week.

“What’s the point of advice and consent of the Senate if the person can serve after being rejected by the Senate?” Sen. Van Wanggaard, R-Racine, said in a statement. “Can you imagine the uproar from Gov. Evers and Democrats if President Trump or former Gov. Walker did this?”

“This is a repeal of the 2018 lame-duck provisions Republicans passed because you were mad about losing to a Democrat,” Evers’ spokesperson Britt Cudaback fired back on social media. 

The statute is just one of many approved by GOP lawmakers over six years ago as they moved to swiftly strip powers from the incoming governor and attorney general, sending fast-tracked bills to Walker’s desk during his final weeks in office.

Among those last-minute changes was a move to block governors from re-nominating political appointees who are rejected by the Senate, which is controlled by Republicans. More than 180 of Evers’ appointees have yet to be confirmed by the Senate. Republicans have fired 21 of his picks since he took office in 2019, according to the nonpartisan Legislative Reference Bureau. Evers has tried to repeal the Senate advice and consent law in all four of his budget proposals.

Attorney General Josh Kaul, whose authority was also hampered by the laws, has challenged the lame-duck laws for years. In 2020, the Wisconsin Supreme Court’s then-conservative majority upheld the GOP’s last-minute legislation. But now, with a 4-3 liberal majority, Kaul has asked the court to decide whether one of the laws — granting the GOP-controlled Joint Finance Committee the ability to reject settlements reached by the Department of Justice in certain civil lawsuits — is constitutional.

While these legal challenges have persisted for nearly six years, Evers has attempted to repeal lame-duck laws via another route: his state budget proposals.

“This is why you read the actual language of the budget,” Wanggaard said. “Trying to sneak this through is exactly why Republicans start from scratch in the budget.”

Evers has attempted in all four of his budget proposals to repeal a lame-duck law that gave the speaker of the Assembly, the Senate majority leader and the co-chairs of the Joint Committee on Legislative Organization — positions held by Republicans for more than a decade — the power to authorize legal representation for lawmakers, allowing them to hire counsel outside of the DOJ.

In all four budgets, Evers has also proposed striking down a lame-duck statute that requires at least 70% of the funding for certain highway projects to come from the federal government each year. If the Department of Transportation is unable to meet this, the law allows the department to propose an alternate funding plan that must be approved by the GOP-controlled JFC. 

The governor also proposed overturning a statute in all four budget proposals requiring the Department of Health Services to obtain legislative authorization before submitting requests for federal waivers or pilot programs. It also requires DHS to submit plans and progress reports to the JFC for approval, additionally granting the committee the power to reduce DHS funding or positions for noncompliance.

In each budget proposal, Evers has also tried to overturn other lame-duck statutes that grant Republican-controlled legislative committees greater power, such as approving Capitol security changes and new enterprise zones. 

Republican lawmakers have rejected the governor’s efforts in the previous three budget cycles. That will likely be the case again this year.

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons license.