The state Supreme Court on Friday upheld a lower court’s ruling in Wolfe’s 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 “does not have a duty to appoint a new administrator to replace Wolfe simply because her term has ended.”
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 allowed Republican-appointee Fred Prehn 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.
“Those justices cannot have it both ways,” Chief Justice Annette Ziegler and fellow conservative Justice Rebecca Bradley wrote in response.
“If the rule of law is to govern, the resolution of each case should not depend upon the individual occupying the office,” 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’s win by nearly 21,000 votes in Wisconsin withstood two partial recounts, a nonpartisan audit, a conservative law firm’s 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’s term expires. Wolfe’s term ended 20 months ago.
Even though Wolfe's appointment was not forwarded to the Senate, Republican senators voted in September 2023 to fire Wolfe. 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 "symbolic" and had no legal effect.
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’s ruling.
Republican senators previously voted to reject the confirmation of Wolfe's predecessor, Mike Haas, in 2018 and also fired Democratic Gov. Tony Evers' agriculture department secretary in 2019.