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Wisconsin Election Commission Administrator Meagan Wolfe

MADISON, Wis. – The Wisconsin The Supreme Court will hear arguments Monday in a case that could determine whether the swing state’s top election official, who has been the target of debunked Republican election conspiracy theories, will remain in office.

Republicans who control the state Senate tried to fire Wisconsin Election Commission Administrator Meagan Wolfe last year led the commission to sue in an effort to keep Wolfe on the job.

The commission argues that the state Supreme Court should uphold a lower court’s ruling in Wolfe’s favor, which would allow her to remain in her position and not face a Senate confirmation vote.

But Republican lawmakers argue the commission must appoint a commissioner, either Wolfe or someone else, so the Senate can vote to confirm that person. Wolfe cannot be allowed to remain in the position as a holdover, they argue.

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Wolfe was first appointed to the nonpartisan position in 2018 and confirmed to a four-year term by the GOP-controlled state Senate in 2019. The commission is overseen by a bipartisan board that is evenly split between Republicans and Democrats, and Wolfe is the nonpartisan chief of staff.

Wolfe was targeted for removal by Republican lawmakers unhappy with the 2020 presidential election won by President Joe Biden. President-elect Donald Trump won Wisconsin this year, just as he did in 2016. Unlike after his loss in 2020, Trump supporters are not alleging widespread fraud in this year’s election.

Wolfe has been the subject of conspiracy theories and threats from election skeptics who falsely claim she was part of a plot to rig the 2020 vote in favor of Biden. Biden’s win by almost 21,000 votes Wisconsin withstood two partial recounts, a nonpartisan audit, a review by a conservative law firm, and several state and federal lawsuits.

When Wolfe was up for re-election in 2023, all six members of the commission expressed support for her. Three Republicans voted to reappoint, but the three Democrats abstained, resulting in a deadlocked vote. Had she received a fourth vote of support, her nomination would have been sent to the Senate, which could then have voted to dismiss her.

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Wolfe, in a statement before court arguments Monday, emphasized that all six commissioners expressed their support for her.

“Although they disagreed on the mechanism for making my appointment, the commissioners have always supported me staying in this role,” Wolfe said. “If they didn’t, they always had the option of canceling my appointment and choosing someone new.”

Although her nomination did not advance to the Senate, Republican senators voted in September 2023 to fire Wolfe over objections from Democrats and the legislature’s nonpartisan attorneys. They argued that the Senate did not have the authority to vote at the time because Wolfe was a holdover in her position and had not been re-elected.

The commission sued to challenge the Senate vote. Republican legislative leaders reversed course, arguing in court filings that their vote to fire Wolfe was only “symbolic” and had no legal effect.

Republicans asked the judge to order the election commission to appoint an administrator for the Senate to vote on.

Dane County Circuit Court Judge Ann Peacock said in a 2023 ruling that Wolfe is legally serving as administrator of the election commission as a leverage given that the commission did not have a majority vote to appoint her. The Senate’s vote to remove her had no legal effect and the commission has no obligation to appoint a new leader while Wolfe serves as a mill, Peacock ruled.

Republican leaders of the Legislature appealed, and the state Supreme Court will hear arguments Monday. It will issue a decision weeks or months from now.

Wolfe was asked about the case during a news conference the day after this month’s election and whether she was committed to staying in her position “for the long haul.” She made no promises.

“I am absolutely committed to seeing this election through and making sure this election is certified,” Wolfe said.

The state Senate is required to vote on confirming appointees like Wolfe. But the GOP majority starting in January will shrink from 22-11 to 18-15 as a result of this month’s election. That means Republicans can only lose one vote on their side and still have a majority.