Wisconsin DOJ asks judge to block GOP from removing election official while lawsuit unfolds

Assistant Attorney General at the Wisconsin Department of Justice, Charlotte Gibson, filed a request to a judge asking for an order to block Republicans from removing Wisconsin Elections Commission Administrator Meagan Wolfe from her post as a lawsuit plays out.

“Further official actions by Defendants to remove or attempt to remove Meagan Wolfe from the Administrator position, including appointing an interim Administrator of the Wisconsin Elections Commission, do not have legal effect, subject to a final decision of this Court,” the proposed order reads, echoing filings from Wisconsin Attorney General Josh Kaul who argues there is no vacancy to fill.

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The filing cited a 2022 state Supreme Court ruling that allows officers to stay in their role indefinitely if they do not step down when their term expires, meaning Wolfe can stay in her role as ligation is underway.

Last month, Wisconsin Senate Republicans voted to remove a top election official in the state, attempting to change who oversees elections in the battleground state. The full Senate voted along party lines of 22-11 to fire Wolfe on Sept. 14, days after a Republican-led committee recommended her removal.

“It’s hard to believe that we’re still at a place where those now very well-analyzed and debunked claims about our system seem to still be driving decisions that are being made,” Wolfe said in a press conference held after the vote.

Multiple Republicans then moved to impeach Wolfe as Wisconsin’s top election administrator at the end of September, which would need approval from Republican Assembly Speaker Robin Vos to move forward. Last week, Vos said he would not move to impeach her, urging lawmakers to appoint a replacement if the court rules there is a vacancy.

“There’s no need to do an impeachment because she’s not there lawfully,” Vos said. “We need to follow the law and see what the actual rulings are from the court.”

The lawsuit was brought by Kaul after the Senate vote, siding with Democrats in saying there are no legal grounds for removing her and Wolfe can stay in her role.

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“The Senate’s action today, where they claimed to have voted on an appointment that was not before them, has no legal effect whatsoever,” Kaul said after the vote last month. “So, she remains the administrator. The court, I’m very confident, will confirm that, but once we get that confirmation, hopefully that will end any uncertainty about this.”

The fight to remove Wolfe erupted earlier this summer after the Wisconsin Elections Commission was deadlocked on renominating. Wolfe has led the agency since 2018, and the recent pushback from Republicans stems from her handling of the 2020 election, with Republicans outraged by former President Donald Trump’s loss and criticized her handling of absentee ballots during the COVID-19 pandemic.