The Capitol Report, produced by WisPolitics.com — a nonpartisan, Madison-based news service that specializes in coverage of government and politics — provides a weekly analysis of issues being debated in Wisconsin state government. It is underwritten by the WNA and produced exclusively for its members. WisPolitics.com President Jeff Mayers is a former editor and reporter for the Associated Press and a former political writer for the Wisconsin State Journal.
By WisPolitics.com
This August’s primary is spurring an unusual summer debate over two constitutional amendments backed by Republicans.
And it’s also spurring spending by special interest groups with a stake in the debate. You may already be seeing TV ads trying to frame the debate.
As of mid-July, four groups had registered with the state signaling plans to engage voters ahead of the August 13 primary on constitutional amendments that would give lawmakers a say over how federal funds are spent in Wisconsin.
Meanwhile, the conservative Institute for Reforming Government Action and Wisconsin Institute for Law & Liberty tell WisPolitics they’re teaming up for a media campaign urging voters to approve the proposals.
Most of the groups contacted by WisPolitics declined to provide specifics of their plans. Still, it all points to an unusually active paid media fight over constitutional amendments as GOP lawmakers have increasingly turned to the referendums after they’ve been stymied by Democratic Governor Tony Evers’ vetoes.
Evers even hit the road in late July to campaign against the amendments.
“This is something Republicans have been trying to do for awhile and it’s a way to make things more difficult at the state level to get the money out to people that need it,” Evers told an Eau Claire audience. He cited the health emergencies surrounding COVID and how he had to act fast to distribute money while the Legislature was out of town.
GOP state Rep. Bob Wittke, one of the amendments co-authors, earlier said he hadn’t been expecting a significant paid media effort over the proposals. He was surprised when his son received a mailer from one of the anti-amendment groups.
“To me, it’s really a non-partisan issue,” said Wittke, R-Racine. “It’s restoring in the Constitution the Legislature’s power of the purse. It was taken out in the ‘30s during the Great Depression. But
by God, some things have changed since then.”
With Republican lawmakers now turning to constitutional amendments more frequently, some see the effort on the Democratic side as a trial run at laying a foundation to fight back against such moves. Since 1996, only one of the 16 constitutional amendments placed on the ballot has been defeated.
The administrative committee of the state Democratic Party earlier this year endorsed a no vote on the two amendment questions, and Democratic lawmakers and candidates have organized a series of news conferences around the state urging opposition.
Spokesperson Joe Oslund said the Democratic Party also plans to urge opposition to the amendments as its volunteers engage voters ahead of the Aug. 13 vote to “rally folks around the message that this is the wrong choice and can have some real unintended consequences.”
There have been paid media campaigns on proposed amendments before. Those backing Marsy’s Law spent more than $4 million ahead of the spring 2020 election in which voters approved enshrining rights for victims into the Wisconsin Constitution. And Save Our Fiscal Watchdog – Vote No — a group spearheaded by Sarah Godlewski — reported almost $88,000 spent on its efforts ahead of the spring 2018 election to successfully defeat a proposal to eliminate the state treasurer’s office. Following the successful campaign against the amendment, Godlewski won the treasurer’s office and now serves as secretary of state.
It’s unusual to see so many groups engaged and on both sides of the issue on an amendment – especially in an August primary.
Under current law, Wisconsin governors have sole authority to accept and distribute federal funding. But Republicans pushed the amendments after they were unable to stop Evers in how he spent some $5 billion in COVID-19 funds from the federal government.
On Aug. 13, voters will be asked two questions on whether the Wisconsin Constitution should be amended:
”to provide that the legislature may not delegate its sole power to determine how moneys shall be appropriated? and ”to prohibit the governor from allocating any federal moneys the governor accepts on behalf of the state without the approval of the legislature by joint resolution or as provided by legislative rule?”
IRG recently released polling that found 31% of voters surveyed by Scott Rasmussen favored a constitutional amendment that would “prevent the legislature from giving up its responsibility for making state spending decisions.” Twenty-two percent were opposed, while 48% weren’t sure.
A second question informed respondents that “billions of federal taxpayer dollars flowing into Wisconsin are being spent with approval by only the governor and no legislative review.” Sixty-two percent said they favored requiring both the Legislature and the governor to approve spending going forward, while 22% were opposed and 16% weren’t sure.
“Unlike the vast majority of states, Wisconsin’s governor can spend billions of dollars of federal funds without any approval from the legislature, the branch of government that has the power of the purse,” said IRG President CJ Szafir. “We’re teaming up to change that with grassroots engagement, ads, and a media campaign, among other things.”
The three entities to signal plans to oppose the amendment are: Protect Wisconsin’s Constitution-Vote NO, Wisconsin Votes No and Preserve Wisconsin’s Constitution.
Protect Wisconsin’s Constitution-Vote NO so far is the only one to file a report with the state detailing its fundraising. The group pulled in $115,000 last month through three donations: $75,000 from Wisconsin Opportunity Coalition Inc.; $25,000 from the Wisconsin Pipe Trades Association and $15,000 from Plumbers Local 75.
The Wisconsin Opportunity Coalition is a 501(c)(4) that says it promotes “opportunity and fairness in Wisconsin.”
Those seeking to engage in express advocacy on the amendments have to register as a referendum committee only if they hit certain benchmarks such as it is their primary purpose. So groups like IRG Action and WILL, which are involved in other activities, wouldn’t have to create a referendum committee to weigh in on the questions.
The only pro-amendment group to register with the state so far is a new committee created by the conservative Badger Institute. Mike Nichols, the institute’s president, said the organization typically doesn’t get involved in paid media campaigns. But it has raised concerns about the powers granted to the governor under Wisconsin law even before COVID-19 funds began to flow into the state.
He said the group hopes to do a robust social media campaign as well as seeking earned media. The group also would like to do a digital campaign, though some of the effort will depend on how much money it can raise.
“For us, this is an issue we’ve been involved in for many years,” Nichols said. “This is a way for us to actually address some of the concerns that we’ve had. It’s something that’s unique for us.”
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