MADISON, Wis. — On Friday, the Wisconsin Supreme Court delivered a unanimous decision affirming that the state’s nonpartisan elections chief can retain her position despite the absence of a reappointment and confirmation from the Senate. This ruling comes amid a push from Republican lawmakers seeking her removal due to dissatisfaction over the outcomes of the 2020 presidential election.
The attempt to terminate Meagan Wolfe, the Wisconsin Elections Commission Administrator, arose in 2023 after Republican leadership in the Senate aimed to remove her. In response, the elections commission initiated legal action to secure Wolfe’s continued service.
The state’s highest court upheld a prior ruling in favor of Wolfe, determining that her current position does not constitute a vacancy that would necessitate the appointment of a new administrator. The ruling of 7-0 confirms that there is no obligation for the elections commission to seek a replacement just because Wolfe’s term has concluded.
In articulating its decision, the court referenced a 2022 case in which a Republican appointee, Fred Prehn, was allowed to continue serving on the state Natural Resources Board post-term. This previous ruling occurred while conservatives held a majority on the court; the current balance, however, is a 4-3 majority favoring liberal justices.
Despite efforts, neither the elections commission nor the legislative leaders involved in the lawsuit provided immediate responses regarding the ruling.
The rationale behind the Republican officials’ desire to oust Wolfe is rooted in their dissatisfaction with the 2020 election results, which saw Joe Biden win by a margin of approximately 21,000 votes in Wisconsin. Wolfe has faced unfounded conspiracy theories and threats from those who incorrectly accuse her of complicity in an alleged scheme to manipulate the election results in favor of Biden. Notably, Biden’s victory was confirmed by two partial recounts, an impartial audit, and numerous state and federal litigations.
Interestingly, Republicans have refrained from similar calls for further scrutiny regarding the 2024 election results, which favored President Donald Trump.
Wolfe’s initial appointment occurred in 2018, followed by a confirmation to a four-year term by the GOP-majority state Senate in 2019. The elections commission operates under a bipartisan board comprised of equal Republican and Democratic members, with Wolfe leading the nonpartisan staff.
In her reappointment bid for 2023, all six commission members voiced their support. However, the vote resulted in a stalemate, as three Republicans backed her reappointment while the three Democrats abstained. This deadlock meant that Wolfe’s appointment was not forwarded to the Senate for confirmation.
Upon Wolfe’s term ending nearly 20 months ago, Republicans argued that the law mandates the commission to appoint a successor. Despite this, Republican senators voted in September 2023 to proceed with her termination, prompting the elections commission to legally contest this vote. Subsequently, the Republican legislative leadership altered their stance, asserting in legal filings that their vote to remove Wolfe lacked substantial effect.
The attorney representing the Republicans claimed that the commission is legally required to appoint a new administrator—whether Wolfe or a different candidate—so that the Senate can confirm that individual. If a majority of senators opposed the confirmation, it would lead to Wolfe’s dismissal.
The elections commission countered that Wolfe is lawfully serving in her position as a holdover and is not obligated to appoint a replacement while she continues to serve. A judge from Dane County had ruled that Wolfe legally occupies her role, given the lack of a majority vote for her reappointment.
Republican legislative leaders appealed the ruling, yet the Wisconsin Supreme Court upheld the decision from the lower court, reaffirming Wolfe’s position. Notably, Republican senators in prior years had rejected the confirmation of Wolfe’s predecessor, Mike Haas, in 2018 and dismissed a Democratic administration secretary in 2019.
