Battle brewing: WEC administrator's future in limbo amid uncertain legality of looming hearing

MADISON, Wis. (CBS 58) -- The fate of the state's top election official is still in limbo after members of the Wisconsin Elections Commission weighed whether she should testify in front of lawmakers.

Republicans in the State Senate want to oust Administrator Meagan Wolfe. But Democrats and most of the commissioners maintain there is no legal ground to do so.

Republicans have long wanted to oust Wolfe from her independent role. But in order to vote her down, she must be nominated first. That has not happened so she cannot be removed.

But Republicans are trying anyway, despite not having the legal grounds.

Wolfe and many of the commissioners say it's not a good position to be in.

"I feel like I'm being put in an absolutely impossible, untenable spot, either way," said Wolfe.

Republican Senator Dan Knodl will soon call a hearing and ask Wolfe to testify to the commission's responsibilities.

But Democrats on the commission say the ulterior motive is to axe Wolfe.

Commissioner Ann Jacobs, a Democratic appointee, said, "This is not in good faith. This is going to be a litany of crazy people who are the ones on Twitter talking about Meagan Wolfe as some sort of actual wolf who violates the law."

Four votes were needed to appoint Wolfe and expose her to Senate debate. The three Republican commissioners voted to send her to the Senate. But the three Democrats on the commission abstained in order to shield Wolfe.

Commissioner Mark Thomsen, a Democratic appointee, said, "There is no nomination in the Senate. They needed four votes, they didn't."

Most of the commissioners acknowledged the deadlock means the senate cannot consider her because she was not officially appointed.

Chairman Don Millis, a Republican appointee to the WEC, said, "For as long as I've been associated with the Commission, it takes four positive votes for an action."

Republican Commissioner Bob Spindell is the lone dissenter. He said, "I'm not sure we all agree with that interpretation."

Regardless, Senate Majority Leader Devin LeMahieu and fellow Republicans claimed Wolfe was approved. They drafted a surprise resolution at the end of session and said they would consider her nomination with the eventual goal of denying it.

Republicans and Democrats disagree on whether it's legal for the Senate to move forward with a hearing.

Despite concerns, the commission agreed Wolfe is free to speak at the eventual hearing, but Wolfe said, "I don't know that there's a comfortable option in today's discussion."

Many commissioners sympathized with what she's likely to face in the near future.

Commissioner Joseph Czarnezki, a Democratic appointee, told Wolfe, "You're in a horrible position. If you go to the committee meeting, they're going to beat you up. If you don't go, you're going to get beat up."

Senator Knodl's office called both Chairman Millis and Administrator Wolfe to schedule a hearing on her nomination. Sources tell us Knodl plans to schedule that hearing within the next two weeks, but neither he nor his office responded to requests for more information.