A judge ruled Wisconsin‘s top election official can stay in her post, declaring the vote to remove her by Republican state Senators last year has “no legal effect.”
Dane County Circuit Judge Ann Peacock ruled on Friday that Wisconsin Elections Administrator Meagan Wolfe can keep her job after a lengthy battle with state Republican legislators attempting to oust her. Peacock issued a temporary order in October that Wolfe can legally retain the Administrator role, “vested with the full authority of that office and entitled to the privileges thereof.”
In June, the state’s bipartisan elections commission, which includes three Democrats and three Republicans, deadlocked on a vote to reappoint Wolfe. Wisconsin’s Senate voted along party lines 22-11 on Sept. 14 to remove Wolfe from her post, fueled by dissatisfaction over her handling of the 2020 election. Wolfe was targeted after former President Donald Trump made false claims in which he and his GOP allies tried to subvert the results in the state won by President Joe Biden by about 21,000 votes.
Democratic Attorney General Josh Kaul filed a lawsuit after the vote, arguing there are no legal grounds for firing her and claiming Wolfe will remain in her role.
“Today’s decision confirms that any claims that the WEC administrator has been or must be replaced are baseless,” Kaul said in a statement Friday. “This is a resounding victory for fair and impartial election administration and the rule of law.”
In a court filing, lawyers representing Senate Majority Leader Devin LeMahieu and Kapenga admitted the vote “was symbolic and meant to signal disapproval of Administrator Wolfe’s performance.”
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“The Legislature has fanned the hyper-partisan flames by engaging in several high-profile
unequivocal official acts to purportedly remove Administrator Wolfe without publicly disclosing
for months that their acts were “symbolic” rather than supported by the law,” Peacock wrote in her ruling. “That lack of transparency and their willingness to attempt actions contrary to the law are precisely the reasons why a permanent injunction is appropriate in this case.”
In a statement, Wolfe said she hopes “this will put an end to attempts by some to target nonpartisan election officials and fabricate reasons to disrupt Wisconsin elections.”