MADISON, Wis. (AP) 鈥� A unanimous Wisconsin Supreme Court ruled Friday that the swing state鈥檚 nonpartisan , who has been targeted for removal by Republican lawmakers over the 2020 presidential election, can remain in her post despite not being reappointed and confirmed by the state Senate.
Republicans who control the state Senate Wisconsin Elections Commission Administrator Meagan Wolfe in 2023, leading the commission to sue in an effort to keep Wolfe on the job.
The state Supreme Court on Friday upheld a lower court鈥檚 ruling in Wolfe鈥檚 favor. The 7-0 ruling means that Wolfe can remain in her position and not face a confirmation vote by the Republican-controlled Senate.
The court said that no vacancy exists and, because of that, the elections commission 鈥渄oes not have a duty to appoint a new administrator to replace Wolfe simply because her term has ended.鈥�
The elections commission and legislative leaders who brought the lawsuit did not immediately respond to emails seeking comment.
The court relied on the precedent set in its 2022 ruling that to remain on the state Natural Resources Board after his term had ended. That ruling came when the court was controlled by conservatives. The court now has a 4-3 liberal majority.
Reliance on the Prehn decision should not be taken as an endorsement of the reasoning in that case, liberal Justice Ann Walsh Bradley wrote in a concurring opinion. She was joined by fellow liberal justices Rebecca Dallet and Jill Karofsky.
Because neither side asked for that ruling to be overturned or modified, it was not addressed in the Wolfe decision, the liberal justices said.
鈥淭hose justices cannot have it both ways,鈥� Chief Justice Annette Ziegler and fellow conservative Justice Rebecca Bradley wrote in response.
鈥淚f the rule of law is to govern, the resolution of each case should not depend upon the individual occupying the office,鈥� they wrote.
Wolfe was targeted for removal by Republican lawmakers who were unhappy with the 2020 presidential election won by former President Joe Biden.
Wolfe was the subject of conspiracy theories and targeted by threats from election skeptics who falsely claim she was part of a plot to rig the 2020 vote in favor of Biden. Biden鈥檚 win by nearly 21,000 votes in Wisconsin withstood two partial recounts, a nonpartisan audit, a conservative law firm鈥檚 review, and multiple state and federal lawsuits.
Republicans have not made similar calls for an investigation into the 2024 election won by President Donald Trump.
Wolfe was first appointed for 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 head of the nonpartisan staff.
When Wolfe was up for reappointment in 2023, all six members of the commission voiced support for her. Three Republicans voted to reappoint, but the three Democrats abstained, resulting in a deadlocked vote. Had Wolfe gotten a fourth vote in support, her appointment would have been sent to the Senate, which then could have voted to fire her.
Republicans argued that the law requires the elections commission to appoint a successor when the administrator鈥檚 term expires. Wolfe鈥檚 term ended 20 months ago.
Even though Wolfe鈥檚 appointment was not forwarded to the Senate, Republican senators voted in September 2023 . The commission sued to challenge that Senate vote. Republican legislative leaders changed course and claimed in court filings that their vote to fire Wolfe was merely 鈥渟ymbolic鈥� and .
A Dane County judge ruled that Wolfe is legally serving as administrator of the elections commission as a holdover given that the commission did not have a majority vote to appoint her.
Republican leaders of the Legislature appealed, but the state Supreme Court upheld the lower court鈥檚 ruling.
Republican senators previously the confirmation of Wolfe's predecessor, Mike Haas, in 2018 and Democratic Gov. Tony Evers' agriculture department secretary in 2019.
Scott Bauer, The Associated Press