Mandamus Relief-Administrative Law and Agency Powers

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WI Court of Supreme Court

Case Name: Wisconsin Elections Commission v. Devin LeMahieu

Case No.: 2024AP000351

Officials:

Focus: Mandamus Relief-Administrative Law and Agency Powers

The Wisconsin Supreme Court reviewed a case involving the Wisconsin Elections Commission (WEC) and state legislators regarding the appointment of a new administrator after Meagan Wolfe’s term expired on July 1, 2023. The legislators argued that WEC had a duty to appoint a new administrator, citing WIS. STAT. § 15.61(1)(b)1., which mandates a four-year term for the administrator. They contended that WEC must appoint a new administrator when the term ends, even if there is no vacancy.

However, the court disagreed, affirming the circuit court’s decision that WEC does not have a duty to appoint a new administrator unless a vacancy occurs. The court concluded that WEC’s responsibility to appoint a new administrator is triggered only when a vacancy exists, not simply because a term has ended. Additionally, the court rejected the legislators’ request for mandamus relief, ruling that there was no legal obligation for WEC to appoint a new administrator under these circumstances.

The court’s ruling maintained that Wolfe was lawfully holding over in her position until a new administrator is appointed, and no further action was required from WEC unless a vacancy arose. The case was remanded for further proceedings, with WEC’s claims affirmed and the injunction against the legislators lifted.

Decided 02/07/25

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