Milwaukee Journal Sentinel

GOP still seeks to oust WEC leader Wolfe

Republican­s to appeal ruling based on their fight for DNR chairman

- Molly Beck

MADISON – Republican legislativ­e leaders have indicated they plan to appeal a January ruling allowing the state’s top election official to stay in her job beyond the expiration of her term as supporters of Donald Trump push to oust her over the outcome of the 2020 election.

The GOP lawmakers, among other issues raised, plan to ask the court whether state law creates a “duty” for the Wisconsin Elections Commission to appoint a new administra­tor regardless of whether a vacancy exists, according to the court filing.

In January, Dane County Circuit Judge Ann Peacock said Senate Republican­s do not have the authority to remove or replace Wisconsin Elections Commission administra­tor Meagan Wolfe. Peacock ruled Wolfe is legally staying in her position beyond an expired term because of a previous ruling in a case involving a Republican chairman of the Natural Resources Board, which the same GOP lawmakers supported at the time.

Wolfe oversees a commission that has been under fire for three years because of false claims put forward by Trump to convince supporters he actually won an election that he lost and because of policies commission­ers approved during the 2020 presidenti­al election to navigate hurdles presented by the coronaviru­s pandemic.

President Joe Biden defeated Trump in 2020 by about 21,000 votes in Wisconsin — a result that has been confirmed by two recounts paid by Trump, state audits, a partisan review, a conservati­ve study and multiple lawsuits.

In September, the state Senate in a party-line vote rejected the appointmen­t of Wolfe. Minutes after the vote, Democratic Attorney General Josh Kaul filed a lawsuit asking a judge to block Republican legislativ­e leaders from appointing a new administra­tor and to declare Wolfe administra­tor, arguing the Senate did not have the power to oust her. Meanwhile, Wolfe said she would not leave her job until a court told her to do so.

Even though lawmakers voted Wolfe out, she stayed in her job because the vote to fire her wasn’t recognized by Wolfe or Democrats as legitimate. That’s because the Republican­controlled state Senate forced a vote on Wolfe’s future even though the bipartisan elections commission charged with hiring her did not put

forward a nomination of Wolfe to consider.

When Wolfe’s term expired in June, the six members of the commission agreed Wolfe should stay in her job but failed to find consensus on how to respond to an effort by Senate Republican­s to oust her.

Ultimately, the commission did not put forward the four votes required by law to reappoint Wolfe, with Democratic commission­ers arguing the recent state Supreme Court ruling allowing such officials to stay beyond the expiration of their terms protects Wolfe’s job.

Senate Republican­s decided to move forward anyway. Senate Majority Leader Devin LeMahieu, R-Oostburg, contended the 3-0 commission vote that resulted in a failed motion to reappoint Wolfe was actually enough votes to reappoint Wolfe, even though state law says such votes require a majority of commission­ers, or four votes.

But in an Oct. 16 filing, LeMahieu’s attorneys claimed the opposite — admitting the commission’s 3-0 vote on Wolfe “did not effectuate an appointmen­t,” that Wolfe is lawfully in her current position as a holdover, and that “the Senate has no power to act on an appointmen­t where there is no pending appointmen­t.”

GOP lawmakers filed the notice of appeal on Monday.

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