A Dane County judge ruled on Friday that the Republican-controlled Wisconsin Senate’s vote last month to remove the state’s nonpartisan top elections official had no legal effect. The judge stated that lawmakers are prohibited from firing her while a lawsuit is ongoing. The current head of the Wisconsin Elections Commission, Meagan Wolfe, will continue to serve until a decision is made on whether elections commissioners are legally obligated to appoint someone for Senate confirmation, according to Judge Ann Peacock.
In September, Senate Republicans voted to fire Wolfe despite objections from Democrats and nonpartisan attorneys within the Legislature who argued that the Senate lacked the authority to vote at that time.
Democratic Attorney General Josh Kaul filed a lawsuit challenging the vote. However, Republican legislative leaders recently claimed that their vote to fire Wolfe was merely symbolic and had no legal effect. They requested that the elections commission be ordered to appoint an administrator for Senate confirmation.
“This injunction provides needed certainty and should resolve any confusion resulting from the Legislature’s actions,” said Kaul in a statement.
An attorney representing GOP legislative leaders in the lawsuit did not provide immediate comment in response to an email on Friday.
In June, the bipartisan elections commission could not reach a majority decision to reappoint Wolfe. While the three Republican commissioners voted in favor, the three Democrats abstained, effectively blocking the nomination from reaching the Senate. A four-vote majority is required for commission actions.
GOP lawmakers accused the Democratic elections commissioners of neglecting their duty by not voting, leading the Senate to reject confirmation for Democratic Commissioner Joseph Czarnezki this month. However, Democrats argue that the commission is not obligated to make an appointment and that Wolfe can continue in office indefinitely as a holdover, citing a recent Supreme Court ruling that Republicans have utilized to maintain control of policy boards.
Wolfe has faced conspiracy theories and threats from election skeptics who falsely allege her involvement in a plot to manipulate the 2020 vote in favor of President Joe Biden. Biden won Wisconsin by nearly 21,000 votes in 2020, a result that has withstood multiple recounts, audits, and lawsuits.
The battle over who will lead Wisconsin’s elections agency ahead of the 2024 presidential race has caused instability for the state’s more than 1,800 local clerks who oversee elections. Judge Peacock’s order aims to maintain stability until a final decision is reached.
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Harm Venhuizen is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
