Wisconsin Question 1, Prohibit Legislature from Delegating Appropriations Power Amendment (August 2024)
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| Wisconsin Question 1 | |
|---|---|
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| Election date August 13, 2024 | |
| Topic State legislatures measures and Administration of government | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
Wisconsin Question 1, the Prohibit Legislature from Delegating Appropriations Power Amendment, was on the ballot in Wisconsin as a legislatively referred constitutional amendment on August 13, 2024. It was defeated.[1][2]
A "yes" vote supported amending the state constitution to prohibit the legislature from delegating its power to appropriate money. |
A "no" vote opposed amending the state constitution to prohibit the legislature from delegating its power to appropriate money. |
Election results
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Wisconsin Question 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 521,191 | 42.55% | ||
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703,607 | 57.45% | ||
Overview
What would Question 1 have changed?
- See also: Text of measure
Question 1 would have prohibited the Wisconsin State Legislature from delegating its power to appropriate money. The amendment was placed on the ballot with another question, which was also defeated, that would have also required legislative approval via a joint resolution before the governor could expend federal money appropriated to the state.[2]
At the time of the election, Chapter 16, Section 54 of the Wisconsin Statutes authorizes the governor to accept and allocate federal funds.[3]
Ballotpedia's 2021 state survey reviewing decision rights over American Rescue Plan Act (ARPA) State Fiscal Recovery Fund allocations found that eight states have executive decision rights over ARPA allocations.
Who supported and opposed Question 1?
- See also: Support and Opposition
The amendment received unanimous support from voting Republicans during both considerations of the amendment. State Rep. Robert Wittke (R-62) said, "Billions of federal dollars pour into our state in the last couple of years. These Supplemental Federal funds were important to our state’s economic wellbeing, but only Governor Evers made the determination for allocation of all that money without legislative consideration. AJR 6 would amend the Wisconsin Constitution by prohibiting the governor from allocating federal moneys without the approval of the legislature by joint resolution or by legislative rule, and it also provides that the legislature may not delegate its sole power to determine how moneys shall be appropriated."[4]
Wisconsin Association of Local Health Departments & Boards, Wisconsin Conservation Voters, and Wisconsin Public Health Association opposed the amendment. Jennifer Giegerich, government affairs director of Wisconsin Conservation Voters: "[The measure] would amend the Wisconsin Constitution to add another level of government process during times when we are most vulnerable and depend on efficiency and a smooth process to receive much needed support. Our current system of the governor and legislature working together to fashion a timely state budget, with known deadlines and a long deliberative process, is not effective when dealing with emergencies."[4]
Text of measure
Constitutional changes
- See also: Article IV, Wisconsin Constitution
Question 1 would have added Section 35 of Article IV of the Wisconsin Constitution. The following underlined text would have been added:[2]
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Section 35 (1) The legislature may not delegate its sole power to determine how moneys shall be appropriated.[5] |
Full text
The full text can be read here.
Support
Supporters
Officials
- State Sen. Dale Kooyenga (R)
- State Sen. Howard Marklein (R)
- State Rep. Robert Wittke (R)
Organizations
- Badger Institute
- Institute for Reforming Government (IRG) Action Fund
- Wisconsin Institute for Law & Liberty
- Wisconsin Manufacturers and Commerce
Arguments
Opposition
Opponents
Officials
- Gov. Tony Evers (D)
Unions
Organizations
- League of Women Voters of Wisconsin
- Wisconsin Association of Local Health Departments & Boards
- Wisconsin Conservation Voters
- Wisconsin Democracy Campaign
- Wisconsin Public Health Association
Arguments
Campaign finance
One committee—Badger Institute Referendum Committee— is registered in support of Questions 1 and 2. It reported over $15,000 in cash and in-kind contributions. Three committees—Protect Wisconsin's Constitution - Vote No, Wisconsin Votes No, and Preserve Wisconsin's Constitution—are registered in opposition to Questions 1. Wisconsin Votes No and Preserve Wisconsin's Constitution are also registered in opposition to 2. The committees reported $3.2 million in contributions. If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.[6]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $10,000.00 | $5,218.00 | $15,218.00 | $10,176.00 | $15,394.00 |
| Oppose | $2,719,950.31 | $522,674.12 | $3,242,624.43 | $2,896,092.90 | $3,418,767.02 |
Support
The following table includes contribution and expenditure totals for the committee in support of the ballot measure.[7]
| Committees in support of Question 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Badger Institute Referendum Committee | $10,000.00 | $5,218.00 | $15,218.00 | $10,176.00 | $15,394.00 |
| Total | $10,000.00 | $5,218.00 | $15,218.00 | $10,176.00 | $15,394.00 |
Donors
The following table shows the top donors to the committee registered in support of the ballot measure.[7]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Badger Institute | $10,000.00 | $5,218.00 | $15,218.00 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the ballot measure.[7]
| Committees in opposition to Question 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Wisconsin Votes No | $1,537,198.25 | $75,705.12 | $1,612,903.37 | $1,405,683.18 | $1,481,388.30 |
| Protect Wisconsin's Constitution - Vote No | $858,000.00 | $100,000.00 | $958,000.00 | $898,148.78 | $998,148.78 |
| Preserve Wisconsin's Constitution | $324,752.06 | $346,969.00 | $671,721.06 | $592,260.94 | $939,229.94 |
| Total | $2,719,950.31 | $522,674.12 | $3,242,624.43 | $2,896,092.90 | $3,418,767.02 |
Donors
The following table shows the top donors to the committees registered in opposition to the ballot measure.[7]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| League of Conservatioin Voters | $1,075,000.00 | $0.00 | $1,075,000.00 |
| Wisconsin Opportunity Coalition, Inc. | $675,000.00 | $0.00 | $675,000.00 |
| The Nature Conservancy | $267,752.06 | $346,969.00 | $614,721.06 |
| Wisconsin Conservation Voters | $310,100.00 | $467.00 | $310,567.00 |
| Green Advocacy Project | $150,000.00 | $0.00 | $150,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Wisconsin state law on governor accepting federal funds
Chapter 16, Section 54 of the Wisconsin Statutes authorizes the governor to accept and allocate federal funds. The section reads:[8]
| “ | Whenever the United States government shall make available to this state funds for the education, the promotion of health, the relief of indigency, the promotion of agriculture or for any other purpose other than the administration of the tribal or any individual funds of Wisconsin Indians, the governor on behalf of the state is authorized to accept the funds so made available. In exercising the authority herein conferred, the governor may stipulate as a condition of the acceptance of the act of congress by this state such conditions as in the governor's discretion may be necessary to safeguard the interests of this state.[5] | ” |
The Wisconsin Policy Forum, using data from the Wisconsin Legislative Fiscal Bureau and Department of Workforce Development and Health Services, estimated the fiscal impact of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (2020), Consolidated Appropriations Act (CAA) (2020), and American Rescue Plan Act (ARPA) (2021), in Wisconsin to be $19.9 billion in federal funds. The chart below categorizes how the federal funding was allocated.[9]
American Rescue Plan Act (ARPA) of 2021
| Administrative State |
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| Five Pillars of the Administrative State |
| • Nondelegation • Judicial deference • Executive control • Procedural rights • Agency dynamics |
| Click here for more coverage of the administrative state on Ballotpedia.
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| Click here to access Ballotpedia's administrative state legislation tracker. |
- See also: American Rescue Plan Act of 2021
The American Rescue Plan Act of 2021 was a federal bill passed by the 117th Congress and signed into law by President Joe Biden (D) on March 11, 2021, to provide economic relief in response to the COVID-19 pandemic.
According to the White House, the key features of the law included the following government initiatives and investments:[10]
- Spend approximately $160 billion on national vaccination program and response
- Spend approximately $130 billion to safely reopen schools
- Distribute $1,400 per person in relief payments
- Extend unemployment benefits to September 6, 2021
- Increase Supplemental Nutrition Assistance Program (SNAP) benefits by 15 percent through September 2021
- Increase the Child Tax Credit from $2,000 to $3,000 per child over age 6 and $3,600 per child under age 6
- Increase the Earned Income Tax Credit
- Expand childcare assistance and provide an additional tax credit for childcare costs
- Provide $1 billion to states for Temporary Assistance for Needy Families (TANF) recipients
- Lower health insurance premiums
Decision rights over ARPA fund allocations by state
Ballotpedia's 2021 state survey on the federal grant review process included the question: Who has decision rights over American Rescue Plan Act (ARPA) State Fiscal Recovery Fund allocations in your state?
The survey revealed the following findings:
- Eight states have executive decision rights over ARPA allocations.
- Six states have legislative authority over ARPA allocations.
- 34 states have joint legislative/executive authority over ARPA funds. These states allocate ARPA funds through the appropriations process, which requires legislative approval followed by a governor's signature. In the case of a gubernatorial veto, a state legislature may act unilaterally to override the governor's veto.
- Two states did not specify which government branch has decision rights over ARPA funds. Independent staff research proved inconclusive.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law that expanded benefits through the joint federal-state unemployment insurance program during the coronavirus pandemic. The legislation also included $1,200 payments to certain individuals, funding for Supplemental Nutrition Assistance Program (SNAP) benefits, and funds for businesses, hospitals, and state and local governments.[11]
Roughly $339.8 billion was set aside for programs carried out by state and local governments. Of the $339.8 billion, $274 billion was allocated to specific COVID-19 response efforts through block grants.[11]
Ballotpedia is tracking ballot measures on the 2024 ballot proposed in response to the coronavirus (COVID-19) pandemic. To see a list of past ballot measures related to the coronavirus pandemic, click here.
| Ballot measures in response to the coronavirus pandemic and coronavirus-related regulations | |||||
|---|---|---|---|---|---|
| State | Measure | Description | Election date | Origin | Status |
| Arizona | Emergency Declarations Amendment | Provides for the state legislature to terminate a state of emergency or alter the emergency powers granted to the governor | November 5, 2024 | Referral | On the ballot |
| Wisconsin | Require Legislative Approval for State Expenditure of Federal Funds Amendment | Require legislative approval for state expenditure of federal funds | August 13, 2024 | Referral |
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| Wisconsin | Prohibit Legislature from Delegating Appropriations Power Amendment | Prohibit legislature from delegating power to appropriate | August 13, 2024 | Referral |
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Path to the ballot
- See also: Amending the Wisconsin Constitution
In Wisconsin, the state legislature is required to approve an amendment by majority vote in two successive sessions for the amendment to appear on the ballot.
2021-2022 legislative session
The amendment was introduced as Senate Joint Resolution 84 (SJR 84). The Wisconsin State Senate approved the amendment by a vote of 21-12 on January 25, 2022. The Wisconsin State Assembly amended and approved SJR 84 by a vote of 60-36 with one not voting on February 23, 2022. The senate concurred by a vote of 20-11 with two not voting on March 8, 2022.[1]
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2023-2024 legislative session
For its second consideration, the amendment was introduced as Assembly Joint Resolution 6 (AJR 6). The Wisconsin State Assembly amended and approved AJR 6 by a vote of 63-35 with three not voting on February 22, 2024. The Senate concurred by a vote of 22-10 with three not voting on March 12, 2024.[1]
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How to cast a vote
- See also: Voting in Wisconsin
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Wisconsin.
| How to cast a vote in Wisconsin | |||||
|---|---|---|---|---|---|
Poll timesIn Wisconsin, polls are open from 7 a.m. to 8 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote.[12] Registration
To register to vote in Wisconsin, one must be a citizen of the United States and a resident of Wisconsin for at least 28 days prior to the election. A voter must be at least 18 years of age by Election Day.[13] Prospective voters can register online or by mailing a form to their municipal clerk. If registering by mail, the application must be postmarked no later than 20 days before the election. In-person registration must be completed by 5 p.m. on the Friday before Election Day. Prospective voters can also register in person at their municipal clerk's office up until the Friday before the election or at their polling place on Election Day. (Same-day voter registration requires proof of residency.)[13] Automatic registrationWisconsin does not practice automatic voter registration.[14] Online registration
Wisconsin has implemented an online voter registration system. Residents can register to vote by visiting this website.[14] Same-day registrationWisconsin allows same-day voter registration.[14] Residency requirementsWisconsin law requires 28 days of residency in a precinct before a person may vote.[13] Verification of citizenshipWisconsin does not require proof of citizenship for voter registration. Verifying your registrationThe site My Vote, run by the Wisconsin Election Commission, allows residents to check their voter registration status online. Voter ID requirementsWisconsin requires voters to present photo identification while voting.[15] The following list of accepted ID was current as of May 2023. Click here for the Wisconsin Secretary of State's page on accepted ID to ensure you have the most current information.
The following voters do not need to provide photo ID:[15]
Voters can obtain a free Wisconsin State ID Card at a Wisconsin Division of Motor Vehicles office. Voters need the following to apply for an ID:[16]
Voters who do not have all or any of the materials listed above can still obtain an ID. Call the voter ID hotline for assistance at (844) 588-1069.[16] | |||||
See also
Additional reading
- Nondelegation doctrine
- Reform proposals related to the nondelegation doctrine
- Arguments against the nondelegation doctrine, and in favor of delegation
- Arguments in favor of the nondelegation doctrine, and against delegation
External links
Footnotes
- ↑ 1.0 1.1 1.2 Wisconsin State Legislature, "SJR 84," accessed January 5, 2023
- ↑ 2.0 2.1 2.2 Wisconsin State Legislature, "Text of AJR 6," accessed February 22, 2024
- ↑ Wisconsin State Legislature, "16.54," accessed March 4, 2024
- ↑ 4.0 4.1 Wisconsin State Legislature, " AJR 6 testimony," accessed March 18, 2024
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Wisconsin Campaign Finance Information System, "View Filed Reports," accessed July 15, 2024
- ↑ 7.0 7.1 7.2 7.3 Cite error: Invalid
<ref>tag; no text was provided for refs namedfinance - ↑ Wisconsin State Legislature, "16.54," accessed March 4, 2024
- ↑ Wisconsin Policy Forum, "Unprecedented Aid," April 2021
- ↑ White House, "American Rescue Plan Fact Sheet," accessed March 31, 2021
- ↑ 11.0 11.1 The Hill, "Senate unanimously passes $2T coronavirus stimulus package," March 25, 2020
- ↑ Wisconsin Election Commission, “Election Day Voting,” accessed May 4, 2023
- ↑ 13.0 13.1 13.2 Wisconsin Elections Commission, "Voter Registration and Proof of Residence," accessed May 4, 2023
- ↑ 14.0 14.1 14.2 NCSL, "State Profiles: Elections," accessed August 20, 2024
- ↑ 15.0 15.1 Wisconsin Elections Commission, "Photo ID," accessed May 4, 2023 Cite error: Invalid
<ref>tag; name "wvid" defined multiple times with different content - ↑ 16.0 16.1 Wisconsin Department of Transportation, "Wisconsin ID card for voting purposes - petition process," accessed May 4, 2023
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