By Canadian Press

Wisconsin Supreme Court says swing state’s embattled elections chief can remain in post

Feb 7, 2025 | 6:40 AM

MADISON, Wis. (AP) — A unanimous Wisconsin Supreme Court ruled Friday that the swing state’s nonpartisan top elections official, who has been targeted for removal by Republican lawmakers over the 2020 presidential election, can remain in her post despite not being reappointed and confirmed by the state Senate.

Republicans who control the state Senate tried to fire Wisconsin Elections Commission Administrator Meagan Wolfe in 2023, leading the commission to sue in an effort to keep Wolfe on the job.

The state Supreme Court on Friday upheld a lower court’s ruling in Wolfe’s favor. The 7-0 ruling means that Wolfe can remain in her position and not face a confirmation vote by the Republican-controlled Senate.

The court said that no vacancy exists and, because of that, the elections commission “does not have a duty to appoint a new administrator to replace Wolfe simply because her term has ended.”

The elections commission and legislative leaders who brought the lawsuit did not immediately respond to emails seeking comment.

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Wolfe was targeted for removal by Republican lawmakers who were unhappy with the 2020 presidential election won by former President Joe Biden.

Wolfe was the subject of conspiracy theories and targeted by threats from election skeptics who falsely claim she was part of a plot to rig the 2020 vote in favor of Biden. Biden’s win by nearly 21,000 votes in Wisconsin withstood two partial recounts, a nonpartisan audit, a conservative law firm’s review, and multiple state and federal lawsuits.

Republicans have not made similar calls for an investigation into the 2024 election won by President Donald Trump.

Wolfe was first appointed for the nonpartisan position in 2018 and confirmed to a four-year term by the GOP-controlled state Senate in 2019. The commission is overseen by a bipartisan board that is evenly split between Republicans and Democrats, and Wolfe is head of the nonpartisan staff.

When Wolfe was up for reappointment in 2023, all six members of the commission voiced support for her. Three Republicans voted to reappoint, but the three Democrats abstained, resulting in a deadlocked vote. Had Wolfe gotten a fourth vote in support, her appointment would have been sent to the Senate, which then could have voted to fire her.

Republicans argued that the law requires the elections commission to appoint a successor when the administrator’s term expires. Wolfe’s term ended 20 months ago.

Even though Wolfe’s appointment was not forwarded to the Senate, Republican senators voted in September 2023 to fire Wolfe. The commission sued to challenge that Senate vote. Republican legislative leaders changed course and claimed in court filings that their vote to fire Wolfe was merely “symbolic” and had no legal effect.

The attorney for Republican lawmakers argued that the commission must appoint an administrator, either Wolfe or someone else, so the Senate can vote on confirming that person. If a majority of senators would vote against confirmation, Wolfe would be fired from her job.

The elections commission argued that Wolfe is validly holding her position as a holdover and the commission is under no obligation to appoint someone while she holds the position.

A Dane County judge ruled that Wolfe is legally serving as administrator of the elections commission as a holdover given that the commission did not have a majority vote to appoint her.

Republican leaders of the Legislature appealed, but the state Supreme Court upheld the lower court’s ruling.

Republican senators previously voted to reject the confirmation of Wolfe’s predecessor, Mike Haas, in 2018 and also fired Democratic Gov. Tony Evers’ agriculture department secretary in 2019.

Scott Bauer, The Associated Press