Wisconsin voters defeat two ballot measures related to nondelegation

What’s the story?

Voters in Wisconsin defeated two constitutional amendments on August 13 related to state appropriations authority. The ballot measures proposed strengthening the state’s nondelegation doctrine—an administrative law principle that limits lawmakers’ ability to delegate legislative powers to executive agencies.

The measures’ opponents argued the legislature would slow the distribution of federal funds if it failed to meet to approve spending. The Wisconsin Votes No coalition said they were “proud to have worked arm-in-arm with a broad mix of organizations that shared the same concerns over the radical overreach these amendments represented.”

State Sen. Howard Marklein (R), a supporter of the measures, argued they would have increased “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 background

The Wisconsin State Legislature approved the ballot measures on February 22 to appear on the ballot as legislatively referred constitutional amendments.

Wisconsin Question 1 would have prohibited the state legislature from delegating its power to appropriate money and was defeated 57.45%-42.55%.

Wisconsin Question 2 would have required legislative approval via a joint resolution before the governor could expend federal money appropriated to the state. It was defeated 57.53%-42.47%.