Page 3 April 6, 2020 2020AP608-OA Wisconsin Legislature v. Evers those purposes. We conclude none of these constitutional provisions authorize the Governor’s directives in Executive Order No. 74. The Governor also relies on Wis. Stat. § 323.12(4). Chapter 323 of the Wisconsin Statutes governs emergency management, and subchapter II of Chapter 323 sets forth the powers and duties in the event of an emergency. Wisconsin Stat. § 323.12 is addressed specifically to the duties and powers of the Governor. In particular, subsection (4) enumerates the Governor’s powers when he declares an emergency under Wis. Stat. § 323.10, which he has done here. Paragraphs (4)(a) and (c) grant him power to prioritize or engage in certain contracts. Paragraph (4)(e) grants him power to waive fees for permits, licenses, approvals, and other similar authorizations. In Executive Order No. 74, the Governor relies specifically on paragraph (4)(b), which grants the Governor authority to “issue such orders as he or she deems necessary for the security of persons and property.” Wis. Stat. § 323.12(4)(b). While broadly worded, this provision must be read in light of the whole statute. Notably, in paragraph (4)(d), the Governor is granted the power to “[s]uspend the provisions of any administrative rule” if certain conditions are met. In contrast to this power, nothing in subsection (4) grants the Governor the power to suspend or rewrite statutes in the broad fashion asserted here, what amounts to ignoring or rewriting statutory provisions governing mandatory election dates, mandatory election procedures, and terms of elected office. Since the Legislature provided the Governor the authority to suspend administrative rules in paragraph (4)(d), the logical inference with respect to paragraph (4)(b) is that the Legislature has not granted him the authority to suspend or rewrite statutes in the name of public safety. To conclude otherwise would be to render the administrative rules provision in paragraph (4)(d) pure surplusage. Therefore, Wis. Stat. § 323.12(4)(b) does not support the governor’s broad assertion of power. The Legislature could have granted the Governor broader emergency powers to suspend elections or statutory mandates. The Governor’s brief to this court represents that many other state legislatures explicitly give their Governor this very kind of clear, broad power. The Wisconsin Legislature has not done so. The Legislature and Governor also could have moved this election or changed the rules governing it through the ordinary legislative process. They have not done so. The dissent raises new arguments regarding the authority of the Department of Health Services to issue such an order. Setting aside that Executive Order No. 74 was issued by the Governor (not DHS), and the incredibly broad and unsupported claim that DHS has authority to postpone elections, none of these arguments were cited or raised by the Governor here, so we do not consider them further. The question presented is not whether the policy choice to continue with this election is good or bad, or otherwise in the public interest. The dissent’s arguments are focused largely on this policy rationale. Rather, the question presented to this court is whether the Governor has the authority to suspend or rewrite state election laws. Although we recognize the extreme seriousness of the pandemic that this state is currently facing, we conclude that he does not.

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