Wisconsin judge rules governor properly used partial veto powers on literacy bill

MADISON, Wis. (AP) — Wisconsin Gov. Tony Evers properly used his partial veto powers on a school literacy bill, a judge ruled Tuesday.

Dane County Circuit Court Judge Stephen Ehlke’s decision marks a victory for the Democratic governor as he works to stave off Republican attempts to rein in his partial vetoes, one of the few ways he can block or soften GOP initiatives.

The dispute centers around two bills designed to improve K-12 students’ reading performance.

The governor signed the first measure in July 2023. That bill created an early literacy coaching program within the state Department of Public Instruction as well as grants for schools that adopt approved reading curricula. The 2023-2025 state budget that Evers signed weeks earlier set aside $50 million for the initiatives but didn’t actually distribute any of that money.

Evers signed another bill in February that Republicans argued created guidelines for distributing the $50 million. The governor used his partial veto powers to change multiple allocations into a single appropriation to DPI, a move that he said would simplify things and give the agency more spending flexibility. He also used his partial veto powers to eliminate grants for private voucher and charter schools.

Republican legislators sued in April, arguing the changes Evers made to the bill were unconstitutional. They maintained that the governor can use his partial veto powers only on bills that actually distribute money and the February bill didn’t allocate a single cent for DPI. The legislation, they insisted, was merely a framework for spending.

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Online court records indicate Ehlke concluded that the bill is an appropriation bill and as such is subject to partial vetoes. The $50 million for the literacy initiatives, however, will remain in the Legislature’s control. Ehlke found that lawmakers properly appropriated the money to the Legislature’s finance committee through the budget, and the committee has discretion on when to release it.

The Legislature’s lead attorney, Ryan Walsh, declined comment.

Evers tweeted that he was glad Ehlke upheld his partial veto powers that “Wisconsin governors have exercised for years.” But he said that he disagreed with GOP lawmakers “obstructing” the release of the literacy funding, and he plans to appeal that ruling.