Patrick Marley and Molly Beck

Milwaukee Journal Sentinel

MADISON - Republicans on the Legislature's budget committee charged ahead early Tuesday with a lame-duck plan to limit early voting and scale back the powers of the incoming Democratic governor and attorney general.

But they dropped — at least for now — their plan to move the 2020 presidential primary, which was designed to help a conservative justice keep his seat on the Wisconsin Supreme Court. The fate of a bill to protect insurance coverage for pre-existing conditions remained unclear.

The sweeping batch of legislation is to be taken up Tuesday by the Republican-controlled Senate and Assembly. That would get the plan to Republican Gov. Scott Walker before he leaves office Jan. 7 after narrowly losing last month's election to Democrat Tony Evers.

The last of the measures passed on party-line 12-4 votes just after midnight after 10 hours of testimony and debate.

Republicans said the legislation would make sure lawmakers have an equal say in how state government runs when Evers is sworn in.

"It puts us on an equal playing field as a Legislature," said Rep. John Nygren, a Marinette Republican and the co-chairman of the Joint Finance Committee. "This is a balancing of power in the state of Wisconsin."

Democrats decried the effort to give more power to Republican lawmakers after their party lost every statewide election last month.

"You rig the system when you win and you rig the system when you lose," said Rep. Chris Taylor, a Madison Democrat. "How is it that you have more power when you lose?"

At a stop in Wausau, Evers said he would consider litigation should any of the measures become law.

"We will actively be looking at either to litigate or do whatever else in our power to make sure the people of Wisconsin are represented at the table," Evers told reporters.

In written testimony, he asked Republican lawmakers to abandon their lame-duck session instead of trying to “override and ignore what the people of Wisconsin asked for this November.”

"This is rancor and politics as usual,” he wrote of their plans.

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But Walker downplayed the significance of the legislation's proposed changes and signaled he would sign it if it gets to his desk.

"Much of what we did over the last eight years is work with the Legislature, not at odds with the Legislature," he told reporters after a menorah lighting ceremony at the governor's mansion. "For all the talk about reining in power, it really doesn't."

Walker said the measures seek to keep in place the current friendly dynamic between the Republican governor and GOP-controlled Legislature.

With an 18-15 majority, Senate Republicans cannot afford to lose more than one vote. Opponents hoped to get two or more of them to abandon all or parts of the plans and directed their lobbying energy on GOP Sens. Rob Cowles of Green Bay, Dan Feyen of Fond du Lac, Luther Olsen of Ripon, Jerry Petrowski of Marathon and Patrick Testin of Stevens Point.

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Republicans have a commanding 64-35 majority in the Assembly, making passage there much easier than in the Senate.

Among the numerous provisions included in the legislation are ones that would limit early voting to two weeks; give Republicans more control of the state agency overseeing job creation; curtail the governor's ability to write state rules and adjust public benefits programs; and allow lawmakers to replace the attorney general with private attorneys at taxpayer expense.

The early voting limit is similar to one struck down by a federal judge in 2016. Republicans said they believed the new early voting restrictions would survive a court challenge because weekend and evening voting would be allowed during the two weeks of early voting.

Those who sued over the earlier limit promised to revive their court fight if the new restrictions pass. Communities allowed as much as six weeks of early voting in the most recent election.

The plan to move the presidential primary was aimed at making sure conservative state Supreme Court Justice Daniel Kelly is not up for election on the same day as the presidential primary in April 2020, when Republicans fear Democratic turnout will be high.

Moving the primary to March would cost taxpayers nearly $7 million and municipal clerks warned it would be hard to conduct so many elections so close together.

The committee didn't approve the legislation and leaders said they doubted it would come up on the floor of the Senate or Assembly.

Opponents spent the weekend mobilizing after GOP leaders released their package of bills late Friday. On Monday, they testified before the committee, flooded lawmakers with calls and emails and rallied on the Capitol steps.

Some moments echoed the raucous protests of 2011 over collective bargaining, with opponents chanting and banging on the hearing room doors. Most of those testifying sharply but politely disparaged the legislation, but some yelled from the audience or refused to end their testimony after two minutes and were escorted out of the hearing by police.

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GOP lawmakers said they want to re-balance power before Evers takes over for Walker.

"We want both branches (of government) to have an equal seat at the table," said Assembly Speaker Robin Vos, a Rochester Republican.

Vos said he started considering the legislation this summer, before he knew who would win the race for governor. Drafting files made public Monday showed the legislation was put together in the weeks after the Nov. 6 election.

Senate Majority Leader Scott Fitzgerald of Juneau downplayed the measures that are being considered.

"People are outraged. I'm not sure where that's coming from right now," he said. "I still characterize this as inside baseball."

Republicans noted Democrats tried to pass labor contracts for state employees during the lame-duck period in 2010 after control of all of state government shifted from Democrats to Republicans.

Democrats condemned the latest plan as an effort to reverse the election.

“This is clearly an attempt to undermine our democracy in Wisconsin," said Josh Kaul, the Democrat who beat Republican Attorney General Brad Schimel and would lose many of his powers in the legislation.

Schimel — whom Walker has said he will appoint as a Waukesha County judge before the two complete their terms — did not respond to questions about his views on the legislation.

Nygren, the budget committee co-chairman, called the changes to the attorney general's office appropriate.

"The (state) constitution gives broad power to this body to oversee state government," he said. "Do you know what powers are listed in the constitution for the AG? None. None. So the authority lies in this body to set the policies for state government, so we’re doing that."

Republican lawmakers are also considering passing legislation aimed at protecting insurance coverage for pre-existing conditions. The effort comes after Evers and Kaul focused heavily on the issue.

Fitzgerald said senators had not finalized a plan on the issue and did not say whether he could muster the votes to pass it.

RELATED:Republicans to pass pre-existing conditions bill as part of lame-duck session that could limit Tony Evers

Democrats are opposed to the plan because the state can't offer protections as extensive as those provided under the Affordable Care Act, or Obamacare.

They are also skeptical of the GOP plan because the lame-duck legislation would allow Republican lawmakers to keep alive a lawsuit over the Affordable Care Act that Evers and Kaul want to drop. Under the bill, Republicans could also gain control of litigation over redistricting and the voter ID law.

Also Tuesday, the Senate is to consider confirming some of Walker's appointees, including long-time Walker aide Ellen Nowak to the Public Service Commission, which regulates utilities. Lon Roberts, the chairman of the commission, told Walker last week he was resigning at the end of December and Walker — without public notice — appointed Nowak to take his place.

Nowak is Walker's administration secretary and previously served on the three-member Public Service Commission.

Plans mirror other states

The lame-duck plan Republicans are advancing is similar to one signed in 2016 by North Carolina Gov. Pat McCrory after he was defeated by a Democrat.

The legislation passed by the North Carolina Legislature weakened incoming Gov. Roy Cooper's authority over the state's election system and reduced the number of the governor's appointments. The matter ended up in court, and was found to be unconstitutional.

And in Michigan now, Republican lawmakers are attempting efforts similar to the one in Wisconsin before new officeholders are sworn in.

One bill would allow the Legislature to intervene in any legal proceeding involving the state — that’s normally the province of the governor and attorney general.

Another bill would move campaign finance law regulation from the secretary of state’s office to a six-person commission appointed by the governor. The outgoing governor, Rick Snyder, is a Republican.

Michigan’s action comes as Democrats — all of them women — are taking over the offices of governor, attorney general and secretary of state.

RELATED:Republican bills seek to challenge incoming Democrats in Michigan

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Wisconsin's lame-duck legislation would:

Limit early voting to two weeks. A similar limit was found unconstitutional in 2016 and Democrats have threatened to take legal action again.

Give Republicans more control of the Wisconsin Economic Development Corp., including over its enterprise zone program that gives tax breaks to individual businesses. Republicans would appoint a majority of WEDC's board and the board, rather than the governor, would appoint WEDC's leader.

Put lawmakers in charge of litigation, allowing them to keep alive a lawsuit to overturn the Affordable Care Act, widely known as Obamacare.

Give lawmakers — instead of the attorney general — control over how court settlements are spent.

Allow the Legislature to substitute the attorney general with taxpayer-funded private attorneys — picked by lawmakers — when state laws are challenged in court.

Make it easier for lawmakers to hire private attorneys at taxpayer expense when they are accused of violating the open records law or other statutes.

Eliminate the solicitor general's office, which oversees high-profile litigation.

Modestly lower the state’s income tax rates next year to offset about $60 million in online sales taxes from out-of-state retailers that Wisconsin recently began collecting.

Require Evers to get permission from lawmakers to ban guns in the state Capitol.

Bar judges from giving deference to state agencies’ interpretations of laws when they are challenged in court. That could make it easier to win lawsuits challenging how environmental regulations and other laws are being enforced.

Make it much more difficult, in numerous ways, for the Evers administration to put in place rules that implement current and future state laws. Lawmakers, meanwhile, would gain greater power to block any rules that Evers manages to put in place.

Require state agencies to file quarterly reports on their spending.

Require the Evers administration to report if the governor pardons anyone or his aides release anyone from prison early.

Force Evers to get permission from the Legislature before asking the federal government to make any changes to programs that are run jointly by the state and federal governments. That would limit the governor's flexibility in how he runs public benefits programs. If the Legislature’s budget committee determined the administration was not implementing recent changes to those programs, it could reduce funding and staffing for state agencies.

Require Evers to go along with a plan aimed at reducing premiums for insurance plans offered through the Affordable Care Act’s marketplaces for individuals.

Increase the number of members on the Group Insurance Board, which oversees state health benefits, from 11 to 15. The proposal would allow leaders of the Legislature to appoint the additional members.

Channel federal money into a smaller number of state road projects, so that other projects could avoid having to comply with federal environmental and wage laws.

How To Contact Top State Officials

Gov. Scott Walker:

(608) 266-1212, govgeneral@wisconsin.gov, walker.wi.gov/contact-us.

Assembly Speaker Robin Vos (R-Rochester):

(608) 266-9171, rep.vos@legis.wisconsin.gov.

Senate Majority Leader Scott Fitzgerald (R-Juneau):

(608) 266-5660, sen.fitzgerald@legis.wisconsin.gov.

Lee Bergquist of the Milwaukee Journal Sentinel and Natalie Brophy of the USA TODAY NETWORK-Wisconsin contributed to this report.

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