The Wisconsin Supreme Court has ruled that the state’s top election official can remain in the post past her term, dealing a setback to Republican lawmakers’ efforts to remove her.
In a unanimous decision on Friday, a panel of seven justices rejected an argument from Republican state lawmakers that the Wisconsin Elections Commission (WEC) must replace its longtime director, Meagan Wolfe, when her appointment expires.
Chief Justice Annette Ziegler, writing for the court, said that while the WEC is required to appoint a new administrator when a vacancy arises, a holdover official does not create a vacancy.
“The legislators’ separation-of-powers argument relies on the conclusion that WEC has a duty to appoint a new administrator when an administrator’s term expires,” Zieler said in the opinion. “Because this court rejects that WEC has a duty to appoint a new administrator absent a vacancy in the position, the legislators’ argument necessarily fails.”…