Republican-led Legislature files challenge to Evers’ partial veto of literacy bill

Wisconsin’s Republican-led state Legislature filed a lawsuit against Democratic Gov. Tony Evers this week to challenge his partial veto of a bill meant to help fund new literacy programs throughout the state.

The suit centers on $50 million that lawmakers dedicated in the most recent state budget to support the creation of new literacy programs in Wisconsin. Shortly after including the money in the budget, lawmakers passed Act 20, which directed the creation of the programs.

A final bill passed this year — now Wisconsin Act 100 — to create a “mechanism” for the state’s Joint Finance Committee to deploy the $50 million to support the programs is the subject of lawmakers’ suit.

Evers signed the bill, but exercised his partial veto power. He said in his veto message that he objected to overly complicating the allocation of funding, and that the veto would allow DPI the flexibility necessary to use the funding for various literacy needs based on the needs of Wisconsin schools. 

“The single appropriation created through my partial veto will allow the department to administer the literacy coaching program, curriculum grants and financial assistance for early literacy professional development effectively and efficiently,” Evers wrote in the message. 

Evers also vetoed a part that he said would have provided per-pupil increases to private choice and independent charter schools. He noted that those increases wouldn’t have been provided to public schools. 

Republican lawmakers argued that the bill wasn’t eligible for a partial veto because it did not appropriate any money. They said the bill created a “framework” for the budget committee to direct the $50 million to specific DPI programs created after the budget bill passed.

“The unconstitutional partial veto of Act 100 leaves the Legislature in a dilemma: [the Joint Finance Committee] would like to fund the literacy programs created in Act 20, as specified in the bill, but the partially vetoed version of Act 100 does not ensure that the funds would be used on the literacy programs created by Act 20,” the complaint states. “Rather, any money directed under the partially vetoed version of Act 100 might (but should not) be treated by DPI as money that can be used by the Office of Literacy for any nondescript ‘literacy program’ of DPI’s invention.” 

The lawmakers said declaratory relief is urgent. They said that the status quo should be preserved until there is a decision and the Court should bar DPI from spending the money and taking any other actions until then.

Evers’ spokesperson Britt Cudaback said in a statement that the governor is capable of exercising line-item veto authority on appropriations bills under the Wisconsin Constitution.

“Republicans didn’t seem to have concerns about this concept until Wisconsinites elected and re-elected a Democratic governor,” Cudaback said. 

Cudaback called the lawsuit “yet another Republican effort to prevent Gov. Evers from doing what’s best for our kids and our schools — this time about improving literacy and reading outcomes across our state.”

The lawsuit is the second challenge to Evers’ partial veto powers this week. The first lawsuit — filed by Wisconsin Manufacturers & Commerce, the state’s largest business lobby group — seeks to have Evers’ partial veto that extended school funding increases for 400 years declared unconstitutional.