Ballots are stored in boxes and bags as workers recount Milwaukee County's ballots at the Wisconsin Center. Photo by Adam Kelnhofer, WisPolitics.com, Nov. 23, 2020.

Assembly Speaker Robin Vos says new subpoenas are “possible, if not likely” in the Assembly’s 2020 election investigation, which could stretch into next year.

A Dane County judge has set a Dec. 23 hearing in Dem AG Josh Kaul’s lawsuit seeking to prevent enforcement of the subpoenas former Supreme Court Justice Michael Gableman issued to the Elections Commission and Administrator Meagan Wolfe. That alone could push Gableman’s probe into early 2022.

During a news conference ahead of yesterday’s floor session, the Rochester Republican said he may try to compel Wolfe to submit to an interview before then.

Vos said he wants to wrap up the investigation relatively soon and his goal is not to continue the investigation into next year. But he also said if Gableman feels the need to continue the investigation, lawmakers have the constitutional responsibility to do so. Vos added he feels Kaul’s move is an attempt to stop the Legislature’s constitutional right to investigate elections.

“But, again, when we see liberals doing everything they can, especially our attorney general, to stop progress on getting to the bottom of the problems we have with the investigation, it might have to go longer,” he said.

Kaul has argued Gableman is improperly seeking to interview someone from the Elections Commission in a private office when the law calls for his work to be done in public before a legislative committee. It also argues the probe is acting like a law enforcement action, which violates the separation of powers between the executive and legislative branches.

Vos said part of the discussion over potential new subpoenas is to make sure they comply with issues Kaul has raised. “We want to review those and make sure we don’t have any issues going forward,” he said.

Minority Leader Gordon Hintz told WisPolitics.com he’s not surprised by Vos’ announcement of probable subpoenas to come and suggested the speaker was “kissing the hand of Donald Trump.”

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