Senate proposes last-minute resolution to force vote on chief elections officer

MADISON Wis. (CBS 58) -- In an unexpected vote Wednesday, Senate Republicans passed a resolution recognizing Megan Wolfe as the Wisconsin Elections Commission administrator a day after the bipartisan commission failed to reach an agreement on repointing her to the position.

The move could ultimately lead the firing of Wolfe by forcing a vote on the Senate floor. 

"The commission's antics of repeatedly withholding administrators from the Senate confirmation process will further diminish faith in our elections," Senate Majority Leader Devin LeMahieu said on the floor. "How can the people of Wisconsin trust the Wisconsin Elections Commission to administer our state's elections if they themselves cannot conduct a vote on the six-member commission."

On Wednesday, the commission was deadlocked on reappointing Wolfe to another four years, as her term is set to expire on July 1. Based on a recent state Supreme Court ruling, Democrats believe the action by the commission means Wolfe can remain in her post until a vacancy or a replacement is found, but LeMahieu disagrees.

He argued since the three Republican commissioners voted in favor of reappointing Wolfe, while the three Democratic commissioners abstained, he said it was a "unanimous vote" and therefore the Senate will move forward the confirmation process.

However, commissioners did not agree unanimously with Democrats refusing to vote. Under state law, if there is a vacancy for 45 days, lawmakers can appoint someone else as administrator of the commission. But none of the scenarios have played out.

Democratic commissioners Ann Jacobs said the action by Senate Republicans was illegal.

"NOBODY can be appointed as administrator of the WEC without a MAJORITY vote of the commission!" Jacobs tweeted. "This is a nonsense attempt to avoid the applicable statutes. It’s silly and the senate republicans should stop this nonsense and recognize the applicable law and case law that they advocated for."

Senate Minority Leader Melissa Agard said the resolution was improperly brought to the floor, arguing Wolfe is still the current administration.

"In my opinion this is the worst of politics," Agard told reporters. "This is a violation of the integrity of the state of Wisconsin and the integrity of the body. I believe the majority party has really disappointed the whole state."

After the resolution passed, Democrats stormed off the Senate floor before session was adjourned, frustrated with the last-minute move by Republicans.

"I think we are pretty disgusted and frustrated by the actions by the Republican caucus this evening," Agard told reporters.

LeMahieu said they will move forward with the process to vote on Wolfe's future by first holding a public hearing "where Wisconsinites can voice their approval or disapproval of her job performance." The Senate leader did not say when that hearing would be taking place.

The move is likely to ignite legal challenges as the Republican chairman of the commission predicted after Wednesday's meeting.

When a court battle begins, it could have an impact on the 2024 presidential election, as officials brace for another contentious race in the battleground state.