Wisconsin’s top election official, Meagan Wolfe, retains her position as the state Supreme Court unanimously rejects Republican efforts to oust her.
At a Glance
- Wisconsin Supreme Court rules Meagan Wolfe can remain as top election official
- Unanimous decision rejects Republican attempts to remove Wolfe
- Ruling based on precedent allowing officials to serve past term expiration
- Decision supports Wolfe’s tenure amid controversy over 2020 election management
Court Upholds Wolfe’s Position
The Wisconsin Supreme Court has unanimously ruled that Meagan Wolfe can continue serving as the state’s top election official, despite Republican efforts to remove her from office. The decision, which came from a court with a 4-3 liberal majority, reinforces the principle that appointed officials can remain in their positions beyond their term expiration if no successor is appointed.
Wolfe, who was appointed by the Wisconsin Elections Commission (WEC) and confirmed by the State Senate in 2019, has been at the center of a political storm since overseeing the contentious 2020 presidential election. Her term officially expired in July 2023, but attempts to reappoint her ended in a partisan deadlock within the WEC.
Following the expiration of Wolfe’s term, Republican legislators sought to remove her from office, citing concerns about her management of the 2020 election. In September 2023, the State Senate voted along party lines to reject her reappointment, despite the fact that no new appointment had been made by the WEC.
“Senate Republicans will continue to do everything we can to ensure that Wisconsin has free and fair elections and restore integrity to the process,” Majority Leader Devin LeMahieu and Senate President Mary Felzkowski said in a joint statement.
However, the court’s ruling has effectively nullified these efforts, stating that the Senate cannot reject an appointment when there is no pending appointment before it.
The Wisconsin Supreme Court’s decision was based on a precedent set in a 2022 ruling involving Fred Prehn, which allowed him to remain on the state Natural Resources Board after his term ended. This precedent establishes that appointed officials can continue to serve in a holdover capacity unless explicitly prohibited by statute.
“WEC does not have a duty to appoint a new administrator to replace Wolfe simply because her term has ended,” the Wisconsin Supreme Court stated.
This ruling aligns with the state statute that allows for automatic continuation of an official’s tenure as a holdover when no successor is appointed. Wisconsin Attorney General Josh Kaul, who filed a lawsuit challenging the Senate’s vote to remove Wolfe, welcomed the court’s decision.
It has to be said: this is a big loss.
The court’s decision ensures continuity in Wisconsin’s election administration as the state prepares for the upcoming election – but risks election integrity if Republicans are proved to be right about their concerns…
