(The Center Square) – Wisconsin’s Elections Commission is likely headed for both a political and legal battle over its administrator.
Commission members Tuesday night deadlocked on whether to reappoint Meagan Wolfe to a second term as elections chief.
“Delighted to report that Wisconsin Elections Administrator Meagan Wolfe will retain her position as administrator as we go into the 2024 election cycle. Wisconsin will be well-served by her professionalism and expertise!,” Democratic commissioner Ann Jacobs said on Twitter Tuesday night.
But it’s not that simple.
Wolfe is being left in place, as opposed to appointed to a second term, in an intentional effort to avoid sending her appointment to the Wisconsin Senate.
Commissioners say they like Wolfe, but if they approve her for a second term she would then face a vote in the Wisconsin Senate, which she is likely to lose. By deadlocking, the Commission is relying on a Wisconsin Supreme Court ruling that says people can serve on a board or commission until a replacement is approved.
“If there isn’t a vacancy, we don’t have the right to reappoint. The law is clear that the currently confirmed administrator remains in that post,” Democrat Commissioner Mark Thomsen said Tuesday.
Republican commission chair Don Millis, though, said playing the vacancy game opens the Elections Commission up to more criticism.
“It’s more than a bad look. It’s going to create problems for us and for election officials throughout the state,” Millis added.
A number of Republican senators, and at least one Democrat, have said they will vote against Wolfe if her appointment comes before the State Senate, largely because of how she handled the 2020 election.
Wolfe acknowledged the political reality, but told reports her focus is elsewhere.
“We are in unprecedented territory,” Wolfe said after the Election Commission’s vote. “I have a very clear intent here. And that is to make sure that our commission, our agency, our local election officials − that they have the stability they need as we move forward.”
The Commission is relying on a 2022 Wisconsin Supreme Court decision that says state appointees can remain in their posts until a replacement is approved.
But that case hinged on Gov. Evers’ inability to replace Fred Prehn on the state’s Department of Natural Resources Board.
The court ruled Prehn couldn’t be forced off the board. It’s unclear if the same theory applies to the Elections Commission and Wolfe.
Commissioner Thomsen said he’s willing to test the theory.
“I am abstaining because I will take my shots with the court rather than at the Senate,” Thomsen said.
