The Role of Wisconsin’s Top Election Official Hangs in the Balance

The Wisconsin Supreme Court is set to hear arguments Monday over the status of Meagan Wolfe, the state’s top election official.

The case stems from a Republican-led effort to oust Wolfe, who has been the target of baseless conspiracy theories since the 2020 presidential election.

Wolfe, who was first appointed administrator of the nonpartisan Wisconsin Elections Commission (WEC) in 2018, is facing a growing challenge from GOP lawmakers, who accuse him of using his position to sway the 2020 election in favor of President Joe Biden.

They argue his holdover status violates state law and insists the WEC must choose a candidate to allow the Republican-controlled Senate to vote on confirmation.

Republican Leaders Push Despite Political Stasis

WEC maintains that Wolfe can legally remain in his position as a holdover administrator following a Dane County Circuit Court decision last year.

“Wolfe is legally the administrator,” Judge Ann Peacock ruled in 2023, dismissing the Senate’s vote to remove him as “symbolic” and without legal effect.

Republicans have long criticized Wolfe’s handling of the 2020 election, when President Joe Biden defeated Donald Trump in Wisconsin by 21,000 votes.

The results were determined through recounts, audits, and legal reviews, but some Republican supporters continued to attack Wolfe.

Republicans now face a reduced majority in the Senate starting in January.

With fewer votes to secure a partisan advantage—from 22-11 to 18-15—the GOP’s ability to elect Wolfe’s successor in the future may hinge on this Supreme Court decision.

Will Biden’s Supreme Court Overturn the Process of Influence?

Despite the current lack of Senate approval, Wolfe continues to oversee the election in his current position.

Speaking after the recent midterm elections, Wolfe expressed her commitment to the role but did not confirm her long-term plans. “I am absolutely committed to seeing this election and making sure that this election is certified,” he said.

The state Supreme Court, now dominated by liberal judges after a recent change in its ideological balance, will ultimately decide the legality of Wolfe’s holdover status. Democrat-backed Janet Protasiewicz was sworn in as judge in August 2023.

The decision, expected in the coming weeks, could reshape the future of electoral administration in key battleground states.

The Fred Prehn Decision and Its Lingering Effect

Republican leaders say leaving Wolfe in office undermines the legislature’s authority.

However, the case contradicts his own role in a 2022 Wisconsin Supreme Court decision that upheld Fred Prehn’s ability to serve on the state Natural Resources Board.

Prehn, a Republican appointee to the Wisconsin Natural Resources Board, has refused to step down when his term ends in 2021. Gov. Tony Evers, a Democrat, has chosen a replacement, but the Republican-controlled Senate has delayed confirmation, effectively allowing Prehn to stay on. in his role.

This decision is important when both sides use arguments.

In Wolfe’s case, Democrats used this precedent to argue that Wolfe could legally remain in his position as administrator of the Wisconsin Elections Commission even if the Senate failed to confirm the new appointment.

Republicans have rejected this argument. He said Prehn’s decision didn’t apply to Wolfe’s situation because the election commission operates under different statutes, which similarly precluded ordering the appointment of a new administrator.

This article includes a report from The Associated Press