News Analysis
While Democrats were still celebrating the success of their parliamentary move to keep embattled Wisconsin Elections Commission (WEC) Administrator Meagan Wolfe on the job, the GOP-controlled Senate did some maneuvering of its own to get rid of her.
The had WEC called a special meeting for June 27 for the sole purpose of reappointing Wolfe to another four-year term, which would keep her in office during the 2024 presidential election.
At the meeting, all but one of the six-member commission, composed of three Republicans and three Democrats, praised Wolfe for the job she had done running Wisconsin elections since she was appointed in 2018. The five said they wanted her to stay on.
Yet when it came time to vote on a motion to reappoint her, only the three Republican members voted “aye” while the three Democrats abstained. The motion failed because four affirmative votes were required to nominate Wolfe.
Relying on a quirk in Wisconsin law, the Democrat commissioners refused to vote for Wolfe for fear her appointment would not be approved in a Senate controlled by Republicans 22 to 11.
For nearly three years, senators have been bombarded with citizen complaints about the WEC’s administration of the 2020 and 2022 elections under Wolf’s leadership.
A number of senators and representatives have publicly voiced their opposition to reappointing Wolfe, with some, like State Rep. Janel Brandtjen (R-Menomonee Falls), flat-out declaring that she doesn’t have the votes to be reappointed.
Wolfe’s critics maintain that her past decisions and actions have consistently favored Democrats and played a role in Joe Biden defeating Donald Trump by about one percent in 2020.
The abstainers on the commission contend that, even though Wolfe’s term would expire on July 1, if no action was taken by the WEC to appoint her or even somebody else, there would be no vacancy to fill, and therefore they did not have the authority to vote on the motion.
The reasoning behind the three abstainers’ parliamentary ploy is, if there is no vacancy, there can be no appointment by WEC. If there is no appointee for the Senate to confirm or not confirm, Wolfe stays in place.
After the meeting adjourned, Commissioner Ann Jacobs, a Democrat, said in an online posting, “Delighted to report that Wisc. 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!”
Democrats Want Wolfe to Run Next Presidential Election
By the WEC’s Democrat members choosing not to vote to fill the position, they believe they ensured Wolfe remains in office, while the Republican members voting for her effectively greased the skids for her rejection and departure.
The Democrats said their tactic was based on a 2022 Wisconsin Supreme Court decision, Kaul v. Prehn, in which the Court held that, in the case of a gubernatorial appointee, the expiration of the incumbent’s term does not constitute a vacancy.
The ruling said the incumbent could legally stay on, or “hold over,” in the position until an appointee is confirmed by the Senate.
By preventing the Senate from holding a confirmation vote, Wolfe could theoretically remain in office indefinitely—a prospect many Republicans oppose, saying the convoluted process is undemocratic and undermines the will of the people as expressed through their elected representatives.
The administrator of the Wisconsin Elections Commission is not appointed by the governor but is appointed by the commission with the “advice and consent of the Senate.”
GOP Senators Play Hardball
In a surprise parliamentary maneuver designed to reinforce the advice and consent prerogatives of the Senate, near the close of the day’s session on June 28, Senate Majority Leader Devin LeMahieu (R-Oostburg) put forward a resolution considering Wolfe as officially nominated.
Senate Resolution 3 of 2023 states that pursuant to Senate Rule 22(3), “all nominations for appointees, if they have not otherwise been submitted to the Senate, shall be considered to have been submitted to the Senate on the 5th day after the individual is nominated for appointment.”
The resolution points out that back in 2018, Wolfe was in fact unanimously nominated by the WEC and confirmed by the Senate in 2019 to serve a four-year term expiring on July 1, 2023.
The Republican theory goes that since Wolfe was once duly nominated and confirmed, and she remains a hold-over incumbent because the expiration of her term does not create a vacancy, she is regarded as the de facto nominee.
By passing the resolution, Senate Republicans declared that Wolfe’s nomination is before the body for consideration.
Legislative Precedent
The Wisconsin State Senate has been down this road before with the WEC, as the resolution notes in pertinent part:
- “And whereas the Wisconsin Elections Commission has a history of not submitting the nomination of its administrator to the Senate, having failed in 2016 to notify the Senate of the nomination of Michael Haas as administrator, which eventually required the Senate to deem Michael Haas nominated in 2018, and vote to reject his nomination;” and
- “Whereas the Wisconsin Elections Commission has not submitted to the Senate the nomination of Meagan Wolfe to serve as administrator for a term of office expiring on July 1, 2027, even though a unanimous number of commissioners voting voted on June 27, 2023, to renominate her as administrator …”
“The Wisconsin state Senate considers Meagan Wolfe to have been nominated by the Wisconsin Elections Commission to serve as administrator for a term of office expiring on July 1, 2027.”
The resolution mandates the president of the Senate to refer Wolfe’s nomination to the appropriate standing committee.
The committee must then conduct a public hearing, take a vote, and then refer the matter to the full Senate, which is expected to reject her nomination.
The resolution passed without a single Democrat vote. No date has been set for the hearing.
If Wolfe’s nomination is turned down by the Senate, the WEC would have 45 days to select a new nominee. If a new appointee is not recommended by the commission within that time, the Republican-controlled Senate Committee on Legislative Organization would appoint an interim administrator who would serve for no more than one year; after which, the twisted process would start all over again.
