WILL Wins Case Against Wisconsin Elections Commission Over Unlawful Delegation of Power and Duty 

The News: A Waukesha County Circuit Court has sided with the Wisconsin Institute for Law & Liberty (WILL) against the Wisconsin Elections Commission (WEC). WILL alleged that the WEC Commissioners unlawfully delegated their duty to review and decide complaints against local election officials to Megan Wolfe, WEC’s administrator, a power statutorily reserved exclusively for the bipartisan group of WEC Commissioners. 

The Quotes: WILL Associate Counsel, Nathalie Burmeister stated, “WEC’s abdication of its statutory duty to vote on complaints was inexcusable and illegal. This ruling takes that unlawful delegation of power away from WEC’s administrator and ensures it will be wielded by the appointed WEC commissioners themselves – as state law requires. This will help establish a more transparent and fair administration of Wisconsin elections.”  

Additional Background: WILL’s lawsuit challenged the WEC’s ability to delegate its powers and duties under Wis. Stat. § 5.06. A WEC Administrator dismissed Pellegrini’s complaint without indicating that the WEC Commissioners voted on or approved the decision. This occurred based on a WEC policy wherein the Commissioners delegated their authority to review and resolve all Wis. Stat. § 5.06 complaints to their administrator and, in some cases, their chairperson. This policy was deemed invalid as state law does not authorize the Commission to transfer this quasi-judicial role to the administrator, staff, or anyone else.  

The effort to overturn this unlawful delegation of power is through WILL’s Preserving Democracy Project, which aims to strengthen liberty and serve as a protection against government abuse. Under this project, WILL has won cases against the WEC regarding wrongful absentee voting depositing practices and improper use of the National Mail Voter Registration Form. WILL is dedicated to protecting individual liberty by fighting against government officials who fail to act within the confines of their structural limitations. 

Read more:  

• Judge’s Order , September 5th, 2024
• Complaint Filed , November 2022