Wisconsin Elections Commission Administrator Meagan Wolfe’s Legal Battle: A Holdover’s Right to Serve

The ongoing legal battle between Wisconsin Elections Commission Administrator Meagan Wolfe and the Republican-led legislature has reached a significant turning point. In a ruling handed down on January 12, 2024, Dane County Circuit Judge Ann Peacock determined that Wolfe is legally holding her position as the administrator of elections in the presidential battleground state. This decision marks a defeat for Republicans who have been attempting to oust Wolfe since the deadlock in the commission’s vote to reappoint her in June 2023.

The Wisconsin Elections Commission, a bipartisan body, deadlocked on a vote to reappoint Wolfe, with the three Republican commissioners voting in favor and the three Democrats abstaining. The lack of a four-vote majority prevented the nomination from moving forward to the state Senate, where Republicans could have then fired her.

Wolfe, who has been a lightning rod for election fraud claims since the 2020 presidential election, has been the subject of conspiracy theories and targeted by threats from election skeptics. The 2020 election results in Wisconsin, which saw President Joe Biden defeat Donald Trump by nearly 21,000 votes, have withstood multiple recounts, audits, and lawsuits.

The fight over who will run the state’s elections agency, known as the WEC, has caused instability ahead of the 2024 presidential race for Wisconsin’s more than 1,800 local clerks, who actually run elections. The commission’s inability to appoint a new leader has left the agency in a state of uncertainty, with Wolfe serving as a holdover administrator.

In September 2023, the Republican-led Senate voted to fire Wolfe, despite objections from Democrats and nonpartisan attorneys, who argued that the Senate did not have the authority to vote at that time because Wolfe was a holdover in her position and had not been reappointed. Democratic Attorney General Josh Kaul then sued to challenge the Senate’s vote, and in court filings, Republican legislative leaders changed their stance, claiming their vote to fire Wolfe was merely “symbolic” and had no legal effect. They also asked the judge to order the elections commission to appoint an administrator for the Senate to vote on.

Peacock, in her ruling, agreed with the WEC that the public expects stability in its elections system and that her injunction would provide stability to protect against any further legally unsupported removal attempts. She determined that Wolfe is legally serving as administrator of the elections commission as a holdover given the commission’s deadlock on whether to reappoint 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.

The judge also ruled that the legislative leadership committee has no power to appoint an interim administrator while Wolfe is serving and ordered Republican legislative leaders not to take any action contrary to her ruling.

Wolfe did not respond to a message seeking comment, and Republican legislative leaders, Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu, also did not return messages.

The legal battle over Wolfe’s position is not the only issue causing instability in Wisconsin’s elections system. The state’s voter ID law, which requires voters to present a photo ID at the polls, has been the subject of controversy and legal challenges. In 2020, a federal judge blocked the implementation of the law, ruling that it disproportionately affected Black and Latino voters. The ruling was upheld on appeal, and the law has not been enforced since.

The ongoing legal battles and instability in Wisconsin’s elections system have raised concerns about the fairness and integrity of the state’s elections. With the presidential race just around the corner, it is crucial that the elections system is stable and that the public has confidence in the results.

In conclusion, the legal battle between Wisconsin Elections Commission Administrator Meagan Wolfe and the Republican-led legislature has reached a significant turning point with the recent ruling by Dane County Circuit Judge Ann Peacock. Wolfe is now legally serving as the administrator of elections in Wisconsin, providing stability to the elections system ahead of the 2024 presidential race. However, the ongoing controversy surrounding the state’s voter ID law and other issues continue to raise concerns about the fairness and integrity of Wisconsin’s elections. It is crucial that the elections system remains stable and that the public has confidence in the results to ensure a fair and democratic process.