The Wisconsin legislature filed a lawsuit Tuesday against Gov. Tony Evers and the DPI, alleging that Evers improperly used his veto power.
The intrastate drama started when Evers used his veto power to change parts of a bill passed in February, including a section that would require DPI to only use allocated funds for specific literacy programs. As part of the veto, Evers altered the language of the bill so that DPI could use the money “for any ‘literacy program’ that office deems fit,” as the lawsuit claims DPI does not have a titled literacy program.
The lawsuit claims that Evers can’t veto the bill because it is not an appropriations bill, but the bill did create the framework for the Joint Committee on Finance to direct $50 million in funds. Appropriations bills, which expend or set aside public funds, can be vetoed. If the bill had been an appropriations bill, prior to the veto it would have had to pass a roll call vote in the Wisconsin Assembly and Senate, according to the Wisconsin legislature, which it did not. Evers should have called for this roll call if he knew it was an appropriations vote, the lawsuit says, and he did not.
Lawyers for the Wisconsin legislature are asking for a temporary injunction to halt DPI from spending any funds approved for literacy, though the JCF still seeks to use the funds for the specified literacy programs.
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