Dane County Judge Upholds Gov. Evers’ Partial Veto of Literacy Bill

Late August, Dane County Judge Stephen Ehlke rules Gov. Evers’ partial veto of 2023 SB 971 (signed into law as 2023 Act 100) was consistent with the Wisconsin Constitution granting governors the ability to partially veto appropriation bills. 2023 Act 100 in conjunction with the 2023-25 state budget act created an early literacy program designed to improve K-12 students’ reading performance. SB 971 created the program and the state budget act set aside $50 million for the program. Republican legislators challenged Gov. Evers’ partial veto of SB 971, arguing it was not an appropriation bill subject to Gov. Evers’ partial veto authority under the state constitution. Dane County Judge Ehlke disagreed, despite SB 971 not actually allocating any money to the program. His ruling called into question a legislative practice of separating into separate bills programmatic language from its related appropriation, limiting the governor’s ability to only partially-veto the latter. Judge Ehlke, however, declined to require the Legislature to release for expenditure the dollars for the program. Gov. Evers is appealing that ruling.