In a case that could have far-reaching implications for Wisconsin’s electoral process, the state Supreme Court heard arguments on Monday concerning the fate of Meagan Wolfe, the embattled administrator of the Wisconsin Elections Commission. Wolfe, a widely respected official, has faced intense backlash and conspiracy theory-fueled attacks from supporters of former President Donald Trump since the controversial 2020 election.
A Target of Trump’s Base
According to sources close to the matter, Wolfe drew the ire of pro-Trump activists in the wake of the 2020 election when they made her a scapegoat in their unfounded claims of a stolen election. These activists, who rejected the election results, protested against Wolfe’s role on the commission and pressured Republican lawmakers to remove her from her position, despite the fact that these same lawmakers had previously appointed Wolfe unanimously to head the WEC.
As the WEC administrator, Wolfe’s role is to offer guidance and expertise to the bipartisan commission, but ultimately serves at their direction. However, this did not stop Trump’s supporters from targeting her as part of their broader campaign to undermine confidence in the electoral process.
A Deadlocked Commission and Controversial Senate Vote
When Wolfe’s term on the commission concluded in June 2023, the three Democratic members of the commission abstained from voting on a motion to pass her name along to the state senate for reappointment. This strategic move deadlocked the vote, as the six-member commission requires a four-vote majority. The Democrats anticipated that the Republican-controlled senate would reject Wolfe’s appointment.
In September 2023, the GOP-led state senate took the controversial step of voting on Wolfe’s appointment despite a previous Supreme Court ruling stating that the expiration of a term did not create a vacancy or trigger a new appointment process. In a party-line vote, with many Democrats in the senate calling the move illegitimate, the senate voted to oust Wolfe, setting the stage for the current legal battle over her status as Wisconsin’s top elections official.
The Supreme Court Weighs In
In January, a Dane County judge ruled that Wolfe’s ongoing tenure was legitimate. During Monday’s oral arguments before the Wisconsin Supreme Court, the liberal justices who control the court by a narrow majority seemed sympathetic to Wolfe’s case.
Misha Tseytlin, the attorney representing the state senate majority leader, Devin LeMahieu, argued that by declining to allow for a senate vote on Wolfe’s appointment, the Democratic commissioners had violated the state statute on WEC appointments. Tseytlin claimed that the Democrats’ actions amounted to a de facto veto over the senate’s role in the process.
In response, Charlotte Gibson, the attorney representing the Wisconsin Elections Commission, countered that the statute does not require the commission to advance an appointment to the legislature, but merely grants them the authority to do so. Gibson emphasized the importance of stability and expertise in the administrator role, stating:
This role is not a part-time policymaking position. This is an intense, full-time job requiring expertise and experience, and it just doesn’t work if there are frequent changes in personnel and sudden vacancies.
The Potential Outcome and Its Implications
If the Wisconsin Supreme Court agrees that Wolfe lawfully holds her position and that the commission can withhold appointments at their discretion, it could effectively shield Wolfe from the ongoing Republican efforts to remove her. Such a ruling would allow Wolfe to potentially hold office indefinitely, providing much-needed stability to the state’s election administration.
However, a ruling in favor of the state senate could pave the way for Wolfe’s removal and further embolden those who have sought to undermine public confidence in Wisconsin’s electoral process. The case has become a flashpoint in the ongoing battle over election integrity and the politicization of election administration in the post-2020 landscape.
As the Wisconsin Supreme Court deliberates on this consequential case, the nation watches closely, recognizing that the outcome could have significant ramifications not only for Meagan Wolfe and the Wisconsin Elections Commission but for the broader struggle to safeguard free and fair elections in an increasingly polarized political climate. The court’s decision, expected in the coming weeks, could mark a pivotal moment in this ongoing fight and set a precedent for similar conflicts in other states.
For now, Meagan Wolfe remains at the helm of the Wisconsin Elections Commission, weathering the storm of controversy and continuing to carry out her duties in the face of unprecedented challenges. As the legal battle over her fate unfolds, the resilience and integrity of Wisconsin’s democratic institutions hang in the balance, with the Supreme Court poised to play a decisive role in shaping the future of election administration in the state and beyond.
