Wisconsin Supreme Court to Address Wolfe's Dubious Non-Appointment

The Wisconsin Supreme Court plans to hear oral arguments in a high-profile case involving the unlawful reappointment of Wisconsin Elections Commission (WEC) administrator Meagan Wolfe on Monday, November 18.

The case, Wisconsin Elections Commission v. Devin LeMahieu, addresses Wolfe’s legal status, which expired on July 1, 2023, and whether she is legally allowed to serve in her position without formal reappointment or Senate confirmation.

In June 2023, the WEC commissioners were split on her reappointment. Three commissioners voted to reappoint Wolfe, while three others abstained—meaning she never received the majority vote required for reappointment. Yet, she continues to hold the position.

Wisconsin Statute 15.61(1)(b)(1) mandates that the administrator position “shall be appointed by a majority of the members of the commission, with the advice and consent of the senate, to serve for a 4-year term expiring on July 1 of the odd-numbered year.”

Since Wolfe was not reappointed on July 1, the same statute requires that “the commission shall appoint a new administrator, and submit the appointment for senate confirmation, no later than 45 days after the date of the vacancy.”

That never happened.

The plaintiffs in this case, WEC and Wolfe, assert that she can remain in the position since there is technically no vacancy in the position, and therefore no need to make a new appointment.

The defendants in this case, Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos, claim that the WEC has a responsibility to appoint a new administrator following the expiration of a term.

The Dane County Circuit Court then ruled in favor of the plaintiffs, suggesting that Wolfe had not violated the law due to the precedent set in State ex rel. Kaul v. Prehn. That case allowed officials to remain in their roles after their terms expire until a successor is appointed and confirmed.

Wolfe’s reappointment only increases the controversy surrounding her position as WEC administrator. She was a key figure in issuing illegal guidance memos to clerks during the 2020 presidential election, and also helped facilitate the ‘Zuckerbucks’ private election funding scandal.

Many liberal supporters in the state have thrown their support behind Wolfe. Combined with the Supreme Court’s liberal majority, Wolfe may receive a favorable ruling.

A favorable ruling means she’ll be able to keep her job indefinitely, appointment or not.