Wisconsin Question 2, Require Legislative Approval for State Expenditure of Federal Funds Amendment (August 2024)

Wisconsin Question 2
Election date August 13, 2024
Topic State legislatures measures and Administration of government
Status d Defeated
Type Constitutional amendment	Origin State legislature

Wisconsin Question 2, the Require Legislative Approval for State Expenditure of Federal Funds Amendment, was on the ballot in Wisconsin as a legislatively referred constitutional amendment on August 13, 2024. It was defeated.

A "yes" vote supported amending the state constitution to require legislative approval via a joint resolution before the governor can expend federal money appropriated to the state.

A "no" vote opposed this amendment, thereby allowing the governor to accept and allocate federal funds without seeking legislative approval.

Election results

Wisconsin Question 2
Result		Votes	Percentage
Yes		521,639	42.47%
No		706,637	57.53%

Results are officially certified.

Source

Overview

How would Question 2 have changed how federal funds are allocated?

See also: Text of measure

Question 2 would have required legislative approval via a joint resolution or legislative rule in order for the governor to allocate federal funds on behalf of the state. At the time of the election, state law authorized the governor to accept and allocate federal funds.

The resolution that placed this amendment on the ballot placed a second ballot question, Question 1, on the ballot, which would have prohibited the legislature from delegating its power to appropriate money. It was also defeated.

Who supported and opposed Question 2?

See also: Support and Opposition

Question 2 received unanimous support from voting Republicans during both considerations of the amendment. State Sen. Howard Marklein (R-17) said, "This resolution increases accountability, efficiency, and transparency in the expenditure of funds received from the federal government by restoring the legislature's role in approving those expenditures."

The amendment was unanimously voted against by voting Democrats during both legislative sessions. The Wisconsin Education Association Council, Wisconsin Association of Local Health Departments & Boards, Wisconsin Conservation Voters, and Wisconsin Public Health Association, also opposed the amendment. Jennifer Giegerich, government affairs director of Wisconsin Conservation Voters, said, "[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."

Who had authority over federal funds in other states?

In 2021, Ballotpedia conducted a survey on the federal grant review process that included the question: Who has decision rights over American Rescue Plan Act (ARPA) State Fiscal Recovery Fund allocations in your state?

The survey found:

• Eight states have executive decision rights over ARPA allocations, including Wisconsin.
• 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.

Text of measure

Ballot question

The ballot question was as follows:

“

Shall section 35 (2) of article IV of the constitution be created 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?

”

Constitutional changes

See also: Article IV, Wisconsin Constitution

The ballot measure would have added Section 35 of Article IV of the Wisconsin Constitution. The following underlined text would have been added:

Section 35
(2) The governor may not allocate 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.

Full text

The full text can be read here.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 23, and the FRE is 7. The word count for the ballot title is 42.

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

• State Rep. Robert Wittke (R-62): "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."
• State Sen. Howard Marklein (R-17): "This resolution increases accountability, efficiency, and transparency in the expenditure of funds received from the federal government by restoring the legislature's role in approving those expenditures."

Opposition

Opponents

Officials

• Gov. Tony Evers (D)

Unions

• Wisconsin Education Association Council
• Wisconsin Farmers Union

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

• 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."
• Nick Ramos, executive director of the Wisconsin Democracy Campaign: "There are lawmakers in the state legislature who want to pass another set of anti-democratic amendments in August that will allow lawmakers to stonewall the Governor by forcing the Governor to receive legislative approval (both the senate and the assembly) before the Governor can spend federal dollars that are appropriated to Wisconsin. We do not need red tape when emergencies and natural disasters happen in Wisconsin."

Campaign finance

See also: Campaign finance requirements for Wisconsin ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through September 30, 2024.

One committee—Badger Institute Referendum Committee— was registered in support of Questions 1 and 2. It reported over $16,774.00 in cash and in-kind contributions. Two committees—Wisconsin Votes No and Preserve Wisconsin's Constitution—were registered in opposition to Questions 1 and 2. The committee reported $2.6 million in contributions. If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$10,000.00	$6,774.00	$16,774.00	$15,208.00	$21,982.00
Oppose	$2,210,450.31	$433,785.68	$2,644,235.99	$2,940,611.53	$3,374,397.21
Total	$2,220,450.31	$440,559.68	$2,661,009.99	$2,955,819.53	$3,396,379.21

Support

The following table includes contribution and expenditure totals for the committee in support of the ballot measure.

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	$6,774.00	$16,774.00	$15,208.00	$21,982.00
Total	$10,000.00	$6,774.00	$16,774.00	$15,208.00	$21,982.00

Donors

The following table shows the top donors to the committee registered in support of the ballot measure.

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.

Committees in opposition to Question 2
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Wisconsin Votes No	$1,875,698.25	$75,705.12	$1,951,403.37	$2,303,479.18	$2,379,184.30
Preserve Wisconsin's Constitution	$334,752.06	$358,080.56	$692,832.62	$637,132.35	$995,212.91
Total	$2,210,450.31	$433,785.68	$2,644,235.99	$2,940,611.53	$3,374,397.21

Donors

The following table shows the top donors to the committees registered in opposition to the ballot measure.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
League of Conservatioin Voters	$1,375,000.00	$0.00	$1,375,000.00
The Nature Conservancy	$267,752.06	$346,969.00	$614,721.06
Wisconsin Conservation Voters	$338,600.00	$467.00	$339,067.00
Green Advocacy Project	$150,000.00	$0.00	$150,000.00
AFSCME International	$0.00	$62,500.00	$62,500.00

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 authorized the governor to accept and allocate federal funds. The section reads:

“

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.

”

Wisconsin federal fund estimates during the coronavirus pandemic

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.

American Rescue Plan Act (ARPA) of 2021

Administrative State
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•Agency control • Executive control • Judicial control •Legislative control • Public Control
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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:

• 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

See also: Who has decision rights over American Rescue Plan Act (ARPA) State Fiscal Recovery Fund allocations in your state? (2021)

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, including Wisconsin.
• 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.

Wisconsin did not respond to the 2021 survey. Independent staff research found state executive agencies were in charge of allocating relief funds.

Coronavirus Aid, Relief, and Economic Security (CARES) Act (2020)

See also: Coronavirus Aid, Relief, and Economic Security (CARES) Act (2020)

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.

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.

Federal grant amounts to state and local governments from 1940 through 2023

See also: Federalism by the numbers: Federal grants-in-aid

The following chart shows how much money, according to constant 2017 dollar values, the federal government provided to state and local governments in grants from 1940 through 2023, which means it adjusts for inflation by using the dollar value from the same year (2017) across the entire chart.

Ballot measures in response to the coronavirus (COVID-19) pandemic

Ballotpedia tracked 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	d
Wisconsin	Require Legislative Approval for State Expenditure of Federal Funds Amendment	Require legislative approval for state expenditure of federal funds	August 13, 2024	Referral	d
Wisconsin	Prohibit Legislature from Delegating Appropriations Power Amendment	Prohibit legislature from delegating power to appropriate	August 13, 2024	Referral	d

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.

Vote in the Wisconsin House of Representatives February 23, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 49  a
	Yes	No	Not voting
Total	60	36	1
Total percent	61.9%	37.1%	1.0%
Democrat	0	36	1
Republican	60	0	0

Vote in the Wisconsin State Senate March 8, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 17  a
	Yes	No	Not voting
Total	20	11	2
Total percent	60.6%	33.3%	6.1%
Democrat	0	11	1
Republican	20	0	1

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.

Vote in the Wisconsin House of Representatives February 22, 2024
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	61	35	3
Total percent	61.62%	35.35%	3.03%
Democrat	0	35	0
Republican	61	0	3

Vote in the Wisconsin State Senate March 12, 2024
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 17  a
	Yes	No	Not voting
Total	22	10	0
Total percent	68.75%	31.25%	0.00%
Democrat	0	10	0
Republican	22	0	0

How to cast a vote

See also: Voting in Wisconsin

See below to learn more about current voter registration rules, identification requirements, and poll times in Wisconsin.

How to vote in Wisconsin

Poll times

In 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.

Registration

Check your voter registration status here.

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.

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.)

Automatic registration

Wisconsin does not practice automatic voter registration.

Online registration

See also: Online voter registration

Wisconsin has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Wisconsin allows same-day voter registration.

Residency requirements

Wisconsin law requires 28 days of residency in a precinct before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Wisconsin does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information "may be subject to fine or imprisonment under State and Federal laws."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site My Vote, run by the Wisconsin Election Commission, allows residents to check their voter registration status online.

Voter ID requirements

Wisconsin requires voters to present photo identification while voting.

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.

• Wisconsin Department of Transportation-issued driver license, even if driving privileges are revoked or suspended
• Wisconsin Department of Transportation-issued identification card, with or without a photo
• Military ID card issued by the U.S. Uniformed Services
• U.S. passport book or card
• Identification card issued by a federally recognized Indian tribe in Wisconsin (can be expired or unexpired)
• Photo identification card issued by a Wisconsin accredited university or college, or technical college, containing the date the card was issued and a signature. (If expired, the voter must also provide a separate document proving enrollment).
• Veteran's photo ID card issued by a government authority
• Certificate of naturalization issued within the past two years
• Driver’s license receipt issued by Wisconsin Department of Transportation (valid for 45 days from date issued)
• Identification card receipt issued by Wisconsin Department of Transportation (valid for 45 days from date issued)
• Wisconsin Department of Motor Vehicles ID Petition Process Photo Receipt (valid for 60 days from date issued)

The following voters do not need to provide photo ID:

• Confidential electors
• Active military and permanent overseas voters who vote by absentee ballot
• Indefinitely confined voters who vote by absentee ballot

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:

• Proof of name and date of birth (birth certificate)
• Proof of identity (Social Security Card, Medicaid/Medicare Card, etc.)
• Proof of Wisconsin residency (utility bill, government mail, lease, etc.)
• Proof of U.S. citizenship (U.S. Birth certificate or citizenship paperwork)
• Social Security Number

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.

See also

2024 measures

• 2024 ballot measures
• State legislatures measures on the ballot
• Administration of government on the ballot

Wisconsin

• Wisconsin ballot measures
• Wisconsin ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

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

• Wisconsin Assembly Joint Resolution 6 (2023)

Footnotes

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