GOP members of a Senate committee voted against confirming former Milwaukee County Clerk Joe Czarnezki to the state Elections Commission after the Dem appointee abstained from a June vote to renominate Meagan Wolfe as the agency’s administrator.
Ahead of Tuesday’s vote, Shared Revenue, Elections and Consumer Protection Chair Dan Knodl, R-Germantown, accused Czarnezki of a dereliction of duty in an attempt to deprive the Senate of its oversight role over who runs the agency.
Czarnezki’s nomination would have to be rejected by the full Senate before he could be removed from the six-member commission. Knodl told WisPolitics after the committee vote he hadn’t received any assurances from Senate GOP leaders the nomination would be put on the floor, but expected it to come up while the chamber is in session this month.
The committee’s action is the latest twist in a more than three-month dispute over Wolfe’s status as the state’s top elections official. The Senate has voted to reject her nomination, while Dem AG Josh Kaul has filed a lawsuit seeking to block her removal.
While touring the World Dairy Expo in Madison, Dem Gov. Tony Evers called the committee vote “idiotic,” charging Republicans with rejecting his appointments “just because I’m governor.”
“How stupid is that? These people are volunteering their time and effort to do good things for the state of Wisconsin. And it’s really kind of stupid politics,” Evers told reporters.
The guv said he doesn’t know if he would appoint a new commissioner in the event the full Senate rejects Czarnezki’s appointment, adding he’s hopeful GOP senators won’t agree with the committee’s vote.
During the public hearing, Sen. Romaine Quinn, R-Cameron, repeatedly tried to pin down Czarnezki on whether he believed the commission had a duty to renominate Wolfe since she was previously confirmed to a four-year term that ended July 1.
The commission’s June vote has been a point of contention with Senate Republicans after the three Dem members abstained. They argued four votes were needed from the six-member commission to renominate Wolfe and the failure to hit that mark meant she could remain in the post indefinitely.
Quinn accused the commission of failing to follow state law with the move.
Czarnezki said his reading of statutes includes no deadline for the commission to act, adding it still might appoint Wolfe to another term. He declined to say when the commission might take such an action, frustrating Quinn. The GOP senator said Czarnezki’s position made no sense to the average person.
But the former Milwaukee County clerk said a state Supreme Court ruling last year changed how appointments are viewed under state law. In that ruling, conservative justices ruled Fred Prehn, an appointee of former GOP Gov. Scott Walker, could remain on the Natural Resources Board until the Senate confirmed a successor.
Czarnezki said prior to that ruling, Quinn might’ve been right.
“That changed the way we do things,” Czarnezki said.
After the vote, the former Dem state senator told WisPolitics he didn’t believe it was appropriate to cite a single vote in opposing his nomination.
“But that’s their decision,” he said.
The Dane County judge overseeing Kaul’s lawsuit seeking an order to keep Wolfe in her position has yet to schedule a hearing in the case. Meanwhile, the resolution to impeach her, which was circulated by five Assembly Republicans last month, has yet to receive a bill number or be referred to committee.
If Czarnezki’s nomination is rejected by the full Senate, it would lower the bar for the commission to fire Wolfe. It only requires a majority of the members present to take such an action, though it is likely Evers would appoint someone new before the commission could meet to consider it.
Knodl said he has had no conversations about whether the commission should fire Wolfe if Czarnezki’s nomination is rejected. But he said the GOP-controlled Joint Committee on Legislative Organization should consider appointing an interim administrator in the coming weeks. Under state law, if there is a vacancy in the position for more than 45 days, the committee has the power to appoint an interim. Though the Senate voted to remove Wolfe in mid-September, Dems argue there is no vacancy in the position under the Supreme Court’s ruling last summer.
Czarnezki currently fills the spot on the commission reserved for a former clerk. Under state law, legislative leaders for both parties sent a list of three individuals to the guv to choose from for the appointment to that spot. To be eligible, nominees must have formerly served as a county or municipal clerk. Czarnezki was appointed to a three-year term in May.
Gov. Tony Evers during a Madison stop also criticized Republicans for a committee vote opposing the majority of his appointees to the state Natural Resources Board.
A Senate committee rejected four of Evers’ appointees to the seven-member NRB last week. The only appointment they voted to approve was former dairy farmer Paul Buhr. The remaining board members, Chair Bill Smith and Vice Chair Marcy West, have already been confirmed. Their terms expire on May 1, 2025.
Evers argued Republicans didn’t shoot down gubernatorial appointments when there was a Republican in the East Wing.
“The DNR is a good example. None of those people — none of those people — could be considered radical, crazy people,” Evers said. “In fact, if they keep throwing people off, I think I’ll bring, start bringing crazy, radical people there and … let them try.”
