The Wisconsin Supreme Court ruled unanimously that the state's nonpartisan top elections official can remain in her position despite not being reappointed and confirmed by the state Senate. Republicans who control the Senate had tried to fire Wisconsin Elections Commission Administrator Meagan Wolfe in 2023, leading the commission to sue to keep her on the job.
MADISON, Wis. — A unanimous Wisconsin Supreme Court ruled Friday that the swing state’s nonpartisan top elections official, who has been targeted for removal by Republican lawmakers over the 2020 presidential election, can remain in her post despite not being reappointed and confirmed by the state Senate.
The court said that no vacancy exists and, because of that, the elections commission “does not have a duty to appoint a new administrator to replace Wolfe simply because her term has ended.” Reliance on the Prehn decision should not be taken as an endorsement of the reasoning in that case, liberal Justice Ann Walsh Bradley wrote in a concurring opinion. She was joined by fellow liberal justices Rebecca Dallet and Jill Karofsky.
“If the rule of law is to govern, the resolution of each case should not depend upon the individual occupying the office,” they wrote. Republicans have not made similar calls for an investigation into the 2024 election won by President Donald Trump. Republicans argued that the law requires the elections commission to appoint a successor when the administrator’s term expires. Wolfe’s term ended 20 months ago.
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