Wisconsin Supreme Court Hears Arguments on Election Administrator’s Controversial Tenure

Background of the Controversy
The Wisconsin Supreme Court heard oral arguments yesterday in a case that could shape the future of election oversight in the state. At the center of the dispute is Meagan Wolfe, the administrator of the Wisconsin Elections Commission (WEC). The case pits Republican state lawmakers against Democratic Attorney General Josh Kaul and Dane County Circuit Court rulings, raising significant questions about legislative authority and the integrity of Wisconsin’s election processes.

Allegations Against the Election Administrator
Wolfe has been embroiled in numerous controversies during her tenure, with critics citing significant allegations. These include her participation in accepting funds, staff assistance, equipment, and supplies from Mark Zuckerberg, the use of illegal absentee ballot drop boxes, and curing absentee ballot certificates missing statutorily required information. Additional criticisms include using an illegal registration form for electors on the MyVote system, unnecessarily eliminating Special Voting Deputies in long-term care facilities, and refusing to follow legal agreements to share data with the DMV regarding potential non-U.S. citizens in the WisVote database. Lastly, Wolfe has faced accusations of failing to clean up the WisVote database, which reportedly contains approximately four million inactive or non-eligible names. These issues have fueled significant opposition to her continued role as Wisconsin’s top election official.

Legal Challenges to Wolfe’s Appointment
The WEC, which oversees elections in Wisconsin, deadlocked on reappointing Wolfe in June 2023. Shortly after, the Republican-controlled Senate voted to remove her. However, the legal basis for the Senate’s authority to oust Wolfe was challenged by Attorney General Kaul, who argued that Wolfe could continue serving in a “holdover” capacity until a successor was confirmed. This led to a January 2024 ruling by Dane County Circuit Judge Ann Peacock, who upheld Wolfe’s tenure, effectively granting her an indefinite appointment. Republicans quickly appealed the decision, arguing that it undermined statutory limits on WEC leadership terms.

Supreme Court’s Consideration
The liberal-majority Wisconsin Supreme Court reviewed the legal arguments presented by both sides. Central to the case is whether the Senate’s vote to remove Wolfe holds legal weight and whether the Dane County Circuit Court overstepped its authority in affirming her ongoing role. The outcome could influence the legislature’s role in appointing and removing officials, a critical factor in Wisconsin’s election integrity debates.

The stakes are high as the court’s ruling will not be delivered until 2024, prior to the upcoming State Supreme Court race in February and April. Conservative Judge, Brad Schimel is taking on Susan Crawford, a former Planned Parenthood lawyer and current Dane County Circuit Court Judge. No other candidates have announced.