Wisconsin Supreme Court to Review Case on State Elections Leader’s Future

The Wisconsin Supreme Court has decided to hear a lawsuit that could impact the position of the state’s top elections official, Meagan Wolfe. Wolfe is the nonpartisan administrator of the Wisconsin Elections Commission, which supervises elections in the crucial presidential swing state. Last year, Senate Republicans, who previously controlled the state, sought to remove Wolfe from her role, citing dissatisfaction with her performance, especially following President Joe Biden’s victory in the 2020 election.

Allegations and conspiracy theories against Wolfe have been fueled by election skeptics who falsely claim she was involved in rigging the 2020 election in Biden’s favor. Despite withstanding recounts, audits, reviews, and lawsuits affirming Biden’s win in Wisconsin by nearly 21,000 votes, calls for Wolfe’s removal persisted. In September 2023, Senate Republicans voted to dismiss Wolfe, disregarding objections from Democrats and legal advice stating the Senate lacked the authority to vote on her continuation in the position as she was in a holdover status and had not been reappointed.

Following a legal challenge by Democratic Attorney General Josh Kaul, Republican legislators altered their stance, asserting that their vote to terminate Wolfe was symbolic and lacked legal consequences. They further requested the court to mandate the elections commission to designate a new administrator for the Senate to vote on. However, a ruling by Dane County Circuit Court Judge Ann Peacock in January affirmed Wolfe’s status as a legal holdover administrator as the commission was divided on her reappointment. Peacock ruled that the Senate’s attempt to remove Wolfe was legally ineffective, and the commission was not obliged to appoint a new leader while Wolfe continued in a holdover capacity.

The appeal by Republican legislative leaders led the state Supreme Court to intervene in the case directly without going through the state appeals court. A ruling from the court may not be issued until the following year, possibly after the newly elected lawmakers take office. With Democrats aiming to reduce the Republican Senate majority, the decision holds significant implications as the Senate has the authority to approve or reject gubernatorial appointees, including Wolfe. The ongoing dispute underscores a departure from the traditional bipartisan practice of confirming a governor’s selections, with Republicans rejecting 21 of Democratic Governor Tony Evers’ nominees.