Voters could decide in April if Legislature or governor should have final say over federal funds

The joint resolution, introduced for co-sponsors Thursday by Sen. Howard Marklein, R-Spring Green, and Rep. Robert Wittke, R-Racine, follows Wednesday’s introduction of another constitutional amendment that would make it harder for violent criminal defendants to get out on bail. If passed by the Republican-led Legislature, both amendments could go before voters on the April 4 ballot.

Both amendments passed the Legislature last session, with the bail amendment passing 70-21 in the Assembly and 23-10 in the Senate, while the federal funding measure passed 20-11 in the Senate and 60-36 in the Assembly.

Constitutional amendments must pass the Legislature in two subsequent sessions before going to voters. The governor cannot veto a constitutional amendment, and any amendments to the joint resolutions this session would restart the two-year process.

Currently, the governor has sole discretion over how federal funds are spent. Legislative Republicans sought to secure more control over how the executive office doles out the money last session after Evers oversaw the distribution of billions in federal COVID relief funds pumped into the state.

The Legislature passed laws in the 1930s handing over control of federal funds to the governor’s office as federal dollars flowed into the state near the end of the Great Depression, according to a report from the nonpartisan Legislative Reference Bureau.

The new proposal would prohibit any executive branch official or department from allocating any federal dollars without first securing approval from a legislative committee, which would likely be the GOP-led budget committee.

Under the bail amendment, courts would have to consider the totality of the circumstances when determining bail, specifically whether the accused has a previous conviction for a violent crime, the probability that the accused will fail to appear in court, the need to protect members of the community from serious harm, and whether the defendant might intimidate witnesses.

While lawmakers have been working on the measure since 2017, the amendment first came before the Legislature last year after Darrell Brooks Jr. drove an SUV into a Christmas parade in downtown Waukesha, killing six people. Brooks posted $1,000 bail on an earlier case two days before the November 2021 incident.

Legislative Republicans, who lack the votes needed to overturn a veto by Democratic Gov. Tony Evers, have increasingly turned to constitutional amendments as a means of bypassing the Democratic governor, who secured a second four-year term in November.

At least two other proposed constitutional amendments received legislative approval for the first time last session.

One would bar the state from receiving private funds to help administer elections. Republicans proposed it in response to private election grants provided to cities in 2020 by the Chicago-based Center for Tech and Civic Life that they say were used to unfairly increase turnout in the Democratic strongholds of Milwaukee, Madison, Green Bay, Kenosha and Racine.

A staffer for Sen. Eric Wimberger said the Green Bay Republican plans to introduce the joint resolution for second consideration this legislative session.

Another would amend the state Constitution’s provision allowing that “Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district” to state that “Only a United States citizen” could vote in that district. That measure is meant to head off initiatives in other states to allow noncitizens to vote in some local elections.