MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear arguments Monday that could determine whether the swing state’s top elections official, who has been the target of disproven Republican election conspiracy theories, will remain in her post.
Republicans who control the state Senate tried to fire Wisconsin Elections Commission Administrator Meagan Wolfe last year, leading the commission to sue in an effort to keep Wolfe on the job.
The commission argues that the state Supreme Court should uphold a lower court’s ruling in Wolfe’s favor, which would allow her to remain in her position and not face a confirmation vote by the Senate.
But Republican lawmakers argue that the commission must appoint a commissioner, either Wolfe or someone else, so the Senate can vote on confirming that person. Wolfe can’t be allowed to remain in the position as a holdover, they contend.
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.
Wolfe was targeted for removal by Republican lawmakers who were unhappy with the 2020 presidential election won by President Joe Biden. President-elect Donald Trump won Wisconsin this year, just as he did in 2016. Unlike after his loss in 2020, Trump backers are not alleging widespread fraud in this year’s election.
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.
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 she gotten a fourth vote in support, her appointment would have been sent to the Senate, which then could have voted to fire her.
Even though her appointment was not forwarded to the Senate, Republican senators voted in September 2023 to fire Wolfe over objections from Democrats and the Legislature’s nonpartisan attorneys. They argued that the Senate didn’t have the authority to vote at that time because Wolfe was a holdover in her position and had not been reappointed.
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.
Republicans asked the judge to order the elections commission to appoint an administrator for the Senate to vote on.
Dane County Circuit Court Judge Ann Peacock, in a 2023 ruling, said 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. The Senate’s vote to remove her had no legal effect and the commission has no duty to appoint a new leader while Wolfe is serving as a holdover, Peacock ruled.
Republican leaders of the Legislature appealed and the state Supreme Court will hear arguments Monday. It will issue a decision weeks or months from now.
Wolfe was asked about the case during a news conference the day after this month’s election and whether she was committed to remaining in her position “for the long haul.” She made no promises.
“I’m completely committed to seeing through this election and making sure that this election is certified,” Wolfe said.
The state Senate is charged with voting on approving appointees such as Wolfe. However, the GOP majority starting in January will shrink from 22-11 to 18-15 as a result of this month’s election. That means Republicans can only lose one vote on their side and still have a majority.
