Democrats in Michigan won close races for governor, attorney general, and secretary of state while Democrats in Wisconsin won races for governor—sweeping incumbent Scott Walker out of office—and attorney general. Instead of allowing power to shift without contest, Republicans in both states are now fighting rear-guard actions to strip authority from these offices, using “lame duck” sessions to launch what are effectively legislative coup d’états.
In Wisconsin, GOP lawmakers have advanced bills to sharply limit the power of the incoming governor, Tony Evers. The measures will restrict his ability to run public benefits programs and curb his authority to set rules on the implementation of state laws. They’ve also placed a legislative veto on any effort to ban guns from the state capitol and ended gubernatorial control over the Walker-created agency that uses taxpayer-funded loans and subsidies to attract outside businesses.
Republicans have also planned an attack on the attorney general’s office. They’ve eliminated the (recently created) office of the solicitor general, established a new legislative power to intervene in any litigation challenging a state law (even allowing lawmakers to hire their own lawyers, at taxpayer expense, to undermine the attorney general), given legislators control over money from court settlements, and given the legislature’s budget committee, rather than the attorney general, the right to decide on continued legal action against the Affordable Care Act. The scope of these changes is a sign of the state GOP’s confidence in its ability to hold the Legislature—confidence that stems from the party’s extreme partisan gerrymandering that has created a firewall such that Republicans can resist anything short of a tsunami of opposition. To that end, Wisconsin Republicans also want new limits on early voting.
It’s an almost identical situation in Michigan, where Democrats have captured all three statewide offices—governor, attorney general, and secretary of state—for the first time in 28 years. There, Republican lawmakers have introduced several lame-duck proposals for wresting power from incoming Democratic officeholders. First is a bill that would allow the legislature to intervene in any legal proceedings involving state laws that the governor and attorney general may be reluctant to defend. A separate proposal would shift oversight of campaign finance law from the secretary of state to a six-person commission with members nominated by the state Republican and Democratic parties, a move that would produce deadlock in handling those issues, likely entrenching a status quo shaped by Republican officials.
Republicans’ New Strategy to Retain Power Despite Losing Elections: Coup d’Etats