A Waukesha County judge has ruled the Wisconsin Elections Commission has improperly delegated its power to agency staff to decide complaints.
Judge Michael Maxwell’s ruling yesterday means the six-member commission going forward will have to vote on complaints it receives, with a two-thirds majority needed to resolve them.
The commission had argued it followed state law when it created administrative rules allowing agency staff to resolve complaints against local election officials. But Maxwell found the agency has misinterpreted the statute, which grants the head of a department or independent agency the power to delegate functions. Maxwell ruled that power is subject to the approval of the guv.
Because guvs have no role in approving the delegation of any authority by the Elections Commission, that option isn’t available to the agency, Maxwell ruled.
The lawsuit stemmed from a 2021 complaint a voter filed against the village of Hartland clerk over the use of drop boxes for absentee ballots. Agency Administrator Meagan Wolfe signed the letter dismissing the complaint, and there was no indication the commissioners had voted on the case. That led to the suit that resulted in yesterday’s decision.
An Elections Commission spokesperson didn’t immediately return a call seeking comment.
