The administrative state and two defeated ballot measures in Wisconsin

#ballotpedia #unbiasednews #nonpartisan #politicalnews #americanpolitics #dailybrew
Welcome to Ballotpedia's Daily Brew, your nonpartisan and unbiased source for political news. It’s August 16, 2024.
Kicking off today’s call - our weekly “Did You Know” question:
Did you know…
24 states and Washington, D.C., have legalized the possession and personal use of marijuana for recreational purposes?
In 13 of those states, as well as in D.C., voters used the ballot initiative process to legalize marijuana. In two states, the legislature referred a measure to the ballot, which voters later approved. In nine states, lawmakers legalized marijuana through the legislative process.
Voters in Florida, North Dakota, and South Dakota will decide on marijuana-related measures in November.
Moving on to the Midwest… In their August 13 election, voters in Wisconsin defeated two ballot measures related to the state’s administrative state.
Before I deep dive into the two ballot measures in Wisconsin - I want to encourage you to Exploring Ballotpedia’s Unparalleled Administrative State Resources. We offer the nation’s most comprehensive guide to the administrative state policy landscape at the federal and state level. Click the link in our bio to access this terrific information.
The administrative state is a term used to describe the phenomenon of federal or state executive branch administrative agencies exercising the power to create, adjudicate, and enforce their own rules.
The Department of Natural Resources, the Department of Revenue, the Department of Public Instruction, are just a few examples of administrative state agencies in Wisconsin.
Now…Let’s dig deeper into understanding the two defeated ballot measures in Wisconsin.
First, Wisconsin Question 1, Prohibit Legislature from Delegating Appropriations Power Amendment
Voters defeated, 57%-43%, a constitutional amendment that prohibited the state legislature from delegating its power to appropriate money
Republican lawmakers supported the amendment, claiming it would add “more oversight and serve as a check on the governor’s powers.” Democratic lawmakers opposed it, claiming the measure “would slow down the distribution of money when it needs to be spent quickly.”
Second, Wisconsin Question 2, Require Legislative Approval for State Expenditure of Federal Funds Amendment
Voters defeated, by the same margin, a constitutional amendment that would have required state legislative approval via a joint resolution before the governor could expend federal money appropriated to the state.
Like Question 1, State Republican lawmakers supported the amendment and Democrats opposed it, largely on the same grounds as they did on Question 1.
How do these two Wisconsin ballot measures relate to the administrative state?
The Wisconsin measures would have changed the state's approach to the nondelegation doctrine, which is a principle of constitutional and administrative law that holds that legislative bodies cannot delegate their powers to executive agencies or private entities.
Republican lawmakers believed that federal funds, particularly during the COVID-19 pandemic, should have been allocated with legislative consideration instead of through Democratic Gov. Tony Evers alone. This difference in political philosophy was the impetus for the Republican-controlled legislature to place the measures on the ballot (ballot measures the legislature refers to the ballot do not require gubernatorial approval).
Opponents of the two Wisconsin ballot measures argued that there are times, especially during a state of emergency, when the legislature fails to meet. Under nondelegation, the legislature’s failure to meet would inhibit the timely distribution of federal funds.
So where do these Wisconsin administrative-state ballot measures fall on a national scale?
Ballotpedia tracked 583 bills in 44 states related to administrative agency authority and action in 2024.
States with Democratic trifectas considered 283 bills.
States with Republican trifectas considered 169 bills.
States with Divided governments considered 131 bills.
Thirty-eight states adopted or enacted 129 bills or resolutions (including three through veto overrides). These included the legislation putting Question 1 and Question 2 on the Wisconsin ballot.
Eighty-eight reduced agency power.
Eight increased agency power.
Thirty-three did not clearly increase or decrease agency power.
Ballotpedia has curated a collection of arguments for and against nondelegation. Click the link in the bio to read Ballotpedia’s 2024 administrative state session-end report
Read Online:
ballotpedia.or...
Ballotpedia is the digital encyclopedia of American politics, and the nation’s premier resource for unbiased information on elections, politics, and policy.
Visit us at www.ballotpedi...