MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear arguments Monday that could determine whether the swing state’s top elections official, who has been the target of disproven Republican election conspiracy theories, will remain in her post.

Republicans who control the state Senate tried to fire Wisconsin Elections Commission Administrator Meagan Wolfe last year, leading the commission to sue in an effort to keep Wolfe on the job.

The commission argues that the state Supreme Court should uphold a lower court’s ruling in Wolfe’s favor, which would allow her to remain in her position and not face a confirmation vote by the Senate.

But Republican lawmakers argue that the commission must appoint a commissioner, either Wolfe or someone else, so the Senate can vote on confirming that person. Wolfe can’t be allowed to remain in the position as a holdover, they contend.

Wolfe was first appointed for the nonpartisan position in 2018 and confirmed to a four-year term by the GOP-controlled state Senate in 2019. The commission is overseen by a bipartisan board that is evenly split between Republicans and Democrats, and Wolfe is head of the nonpartisan staff.

Wolfe was targeted for removal by Republican lawmakers who were unhappy with the 2020 presidential election won by President Joe Biden. President-elect Donald Trump won Wisconsin this year, just as he did in 2016. Unlike after his loss in 2020, Trump backers are not alleging widespread fraud in this year’s election.

Wolfe was the subject of conspiracy theories and targeted by threats from election skeptics who falsely claim she was part of a plot to rig the 2020 vote in favor of Biden. Biden’s win by nearly 21,000 votes in Wisconsin withstood two partial recounts, a nonpartisan audit, a conservative law firm’s review, and multiple state and federal lawsuits.

When Wolfe was up for reappointment in 2023, all six members of the commission voiced support for her. Three Republicans voted to reappoint, but the three Democrats abstained, resulting in a deadlocked vote. Had she gotten a fourth vote in support, her appointment would have been sent to the Senate, which then could have voted to fire her.

Even though her appointment was not forwarded to the Senate, Republican senators voted in September 2023 to fire Wolfe over objections from Democrats and the Legislature’s nonpartisan attorneys. They argued that the Senate didn’t have the authority to vote at that time because Wolfe was a holdover in her position and had not been reappointed.

The commission sued to challenge that Senate vote. Republican legislative leaders changed course and claimed in court filings that their vote to fire Wolfe was merely “symbolic” and had no legal effect.

Republicans asked the judge to order the elections commission to appoint an administrator for the Senate to vote on.

Dane County Circuit Court Judge Ann Peacock, in a 2023 ruling, said Wolfe is legally serving as administrator of the elections commission as a holdover given that the commission did not have a majority vote to appoint her. The Senate’s vote to remove her had no legal effect and the commission has no duty to appoint a new leader while Wolfe is serving as a holdover, Peacock ruled.

Republican leaders of the Legislature appealed and the state Supreme Court will hear arguments Monday. It will issue a decision weeks or months from now.

Wolfe was asked about the case during a news conference the day after this month’s election and whether she was committed to remaining in her position “for the long haul.” She made no promises.

“I’m completely committed to seeing through this election and making sure that this election is certified,” Wolfe said.

The state Senate is charged with voting on approving appointees such as Wolfe. However, the GOP majority starting in January will shrink from 22-11 to 18-15 as a result of this month’s election. That means Republicans can only lose one vote on their side and still have a majority.

A missing Wisconsin man died in a Chicago-area crash, it has been revealed.

Ben Oberto, 45, had vanished Wednesday night, last seen leaving a restaurant in Crystal Lake just before 9pm on Wednesday.

The wine seller had been in town for a work appointment, and he had told his wife over the phone how he would be home in time to put their son to bed.

However, that was not the case – and he never showed up. A massive interstate search ensued – one lasting more than 60 hours.

Police managed to track the man’s phone to Rosemont, where he was found Friday morning.

There, troopers from the New Berlin Police Department, with help from Illinois State Police, pulled the dad-of-two from an overturned Subaru Impreza found submerged in a local creek.

Once retrieved, the body was positively identified as Oberto.

As it stands, the wine representative’s car appears to be the only one involved, as Oberto’s wife issued a statement explaining what she and police who probed the man’s last moments believe had happened.

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Police managed to track the man’s phone to Rosemont in Chicago, where he was found Friday. There, troopers from the New Berlin Police Department with help from Illinois State Police pulled the dad-of-one from an overturned Subaru Impreza submerged in a local creek

‘The news I have to share is not what any of us want to hear,’ wrote 38-year-old New Berlin resident Laura Leatherberry in a post to Facebook.

‘Early this morning, we received confirmation that Ben’s car and body were found.’

She went on to recount: ‘On Wednesday, November 13th, at approximately 9:47 pm, Ben’s car left the freeway as he navigated a challenging turn towards home on a dark, rainy, and foggy night. 

‘He did not survive the accident,’ she added.

Statements from police said more of the same, with both the New Berlin Police and Illinois State Police confirming Oberto died after his vehicle veered off the ‘challenging’ stretch of freeway his wife had been referring to.

The road in question, the I-90 eastbound ramp to I-294 northbound near Chicago’s O’Hare Airport, has a pronounced curve, photos show.

The crash is currently under investigation, cops in Illinois said – with all departments involved categorizing it as a ‘single-vehicle accident.’

The car is believed to have overturned at the bottom of the embankment, before going over the median and ending up submerged in the creek below.

The dad-of-two died while making a ‘challenging’ turn on the freeway, while on his way home to his family

Cops were seen at the scene late Friday – as divers worked relentlessly to retrieve the body.

Leatherberry, in turn, wrote hours later: ‘I don’t yet have the words to truly express the deep sorrow I’m experiencing, but you deserve to know the truth and not wait in agony anymore.

‘These past 60+ hours of searching, wondering, and fighting to find my husband has been excruciating, but the overwhelming love and support from our family, friends, and community has helped me through this,’ she continued.

‘Together, we will get through this too.’

She and cops were able to piece together his final moments thanks to combination of information garnered from tolls and data from his iPhone that pinged him in Rosemont near the airport.

Officers went on to discern the traveling salesmen never got on any flights, and that his phone had gone dead.

Police proceeded to sweep the area only to find no signs of Oberto – nor his car, his phone, or any reports of his body being brought to a local morgue or hospital. 

A father of two, Oberto is now being remembered by his family and those who knew him

She and cops were able to piece together the wine rep’s final moments thanks to combination of information garnered from tolls and data from his iPhone that pinged him near O’Hare airport

Officers went on to discern the traveling wine salesmen – who worked for an importer based in New York City – never got on any flights, and that his phone had gone dead. He was found not far away, his car submerged in the creek

Eventually, more than two days into the search, cops came across the submerged Subaru. 

‘Ben was not just my husband; he was a loving father, a cherished son, a caring brother, and a true friend to so many,’ Leatherberry wrote, after being interviewed by stations such as CBS News as officers looking into her spouse’s disappearance.  

‘His vibrant spirit, loving heart, and unmatched generosity left an indelible mark on every life he touched.

‘As we mourn this profound loss, let us also celebrate the love and joy he brought into our lives.

‘Thank you from the depths of my heart for your support and kindness during this unimaginably difficult time.’

Oberto’s company, New York City-based wine importer Massanois LLC, also issued a statement in response to his passing.

‘Ben was not just my husband; he was a loving father, a cherished son, a caring brother, and a true friend to so many,’ Leatherberry said after being interviewed by CBS News during the search. ‘His vibrant spirit, loving heart, and unmatched generosity left an indelible mark’

‘It is with a heavy heart that we write to inform you that Ben Oberto, while driving home to his family, passed away in a tragic car accident on Wednesday, November 13th,’ it read. 

‘Our hearts go out to his wife, Laura; his children Collette and Augie; and his immediate family. 

‘Ben’s levity, kindness, and enthusiasm will be dearly missed by his friends and colleagues. 

‘We look forward to gathering to celebrate Ben’s life together, with both tears and laughter, as we mourn his loss.’

MADISON, Wis. — Wisconsin linebacker Jake Chaney paused as he sat at a podium inside the McClain Center late Saturday night, pent-up emotions from four seasons of failure steadily rising from his chest into his throat. They weren’t his failures, per se, though he took some of the blame as a program leader anyway. But the feeling after Wisconsin had missed out on yet another golden opportunity during a 16-13 loss to No. 1 Oregon at Camp Randall Stadium was both clear and familiar.

This one, he said, sucked — more than any other game he had played, not only for the narrow margin of defeat but also because of what it represented.

“For my four years here, I don’t think we’ve won a big game,” Chaney said. “You can say Penn State was close, say all these other teams were close. But I feel like, truly, that came down to the last drive. Just being that close, you always say, ‘You’re so close, you’re so close.’ But for a lot of guys that’s kind of your last opportunity.”

There’s no shame in losing by three points to the top-ranked team in the country. As safety Hunter Wohler had said earlier in the week, nobody expected Wisconsin to beat Oregon anyway, which is why the Badgers were two-touchdown underdogs. Wisconsin did everything it could defensively with one of its best performances all season.

The Ducks, playing their eighth game in as many weekends, limped across the finish line while struggling to handle some of the Badgers’ disguised coverages. Wisconsin held Oregon — a team that had beaten each of its last four opponents by at least three touchdowns — 20 points below its season scoring average and kept Heisman Trophy candidate Dillon Gabriel from throwing a touchdown pass for the first time all season.

It didn’t change the end result. And in a results business, that’s what matters most. Wisconsin simply has not been able to break through by securing a meaningful victory for a long, long time. The Badgers haven’t beaten a ranked opponent in 1,114 days — a streak that could continue into next year. During that time, they are 0-7 in such opportunities.

The issues Wisconsin faces predated Luke Fickell’s tenure, but he hasn’t managed to fix them in two seasons as head coach. Fickell is now 0-6 at Wisconsin against ranked teams, and his best victory is a win in the regular-season finale a year ago against a Minnesota team that finished with a losing record.

Saturday night could have been a moment that marked a turning point under Fickell. Instead, the Badgers were left reeling from an outcome that Fickell described as “crushing,” with two regular-season games left to try to qualify for a bowl game.

“To not be able to find a way again to come out on top is difficult,” Fickell said. “Those guys in that locker room, obviously they fought their butts off, they did everything we asked them to do. They played the way we wanted them to play and we expected them to play.

“We just right now haven’t found a way to be able to finish. The games that have come down to the fourth quarter, the games that have come down to the most critical times, the deep, deep waters, we still have yet to get over the hump and find a way to pull it out and to continue to do what we need to do.”

Oregon finished with 354 total yards to Wisconsin’s 226. (John Fisher / Getty Images)

Fickell compared Wisconsin’s slate to that of an NFL schedule. The Badgers played their third top-five team at home this season, a program record, after previously losing to No. 4 Alabama 42-10 and to No. 3 Penn State 28-13. But the quality of competition won’t make anyone feel better about where the program stands. This is a new landscape in the Big Ten, and it’s Fickell’s job to help the Badgers keep pace. Fickell is 12-11 at Wisconsin, including 8-8 in conference play.

This one got away from Wisconsin (5-5, 3-4 Big Ten) for a simple reason: offensive futility and, more specifically, poor quarterback play. Oregon (11-0, 8-0) no doubt has a talented defense, but Wisconsin needed better from quarterback Braedyn Locke, who completed 12 of 28 passes for 96 yards with one touchdown and a late interception. Locke said afterward that there were “definitely tight quarters” on his throws and that Oregon didn’t give up much defensively.

It marked the fewest yards passing for Wisconsin in a loss since a 2018 game against Penn State when Jack Coan was making the second start of his career. Locke was starting his 10th game in two seasons after taking over for injured starters. Locke’s career pass efficiency rating of 109.8 ranks 22nd out of the 23 Wisconsin quarterbacks who have started at least two games since 1993 (ahead of only Jay Macias’ 106.4). Wisconsin’s future depends on finding a capable quarterback, though there are clearly issues beyond one player.

Fickell said Wisconsin needed to do a better job of establishing the run and not putting Locke in as many third-and-long situations. Wisconsin went 1-for-12 on third down, with its average third down distance 8.9 yards. Locke completed 1 of 7 passes on third down for 5 yards and took two sacks. One of his best throws, a left-handed third-down scramble for a touchdown to receiver Vinny Anthony II, was wiped out by an ineligible receiver downfield call on left tackle Jack Nelson.

“Obviously, it’s easiest to talk about the quarterback position,” Fickell said. “But I just think, as a whole, there’s so many of those things we’ve got to get better at in order to put ourselves in a position where it’s not all on the shoulders of a quarterback.”

Despite their offensive issues, the Badgers still led 13-6 entering the fourth quarter, and fans at Camp Randall Stadium were ready to witness magic in the team’s first game against a No. 1 opponent in 14 years. Oregon faced a fourth-and-9 at Wisconsin’s 41-yard line, leading to an epic rendition of House of Pain’s “Jump Around” that rocked the stadium like it hadn’t in years. But Gabriel converted the fourth down with a 15-yard pass, running back Jordan James ran for an 11-yard touchdown to tie the score and Wisconsin never threatened again. Oregon took the lead for good with 2:36 remaining in the fourth quarter on kicker Atticus Sappington’s 24-yard field goal.

Gabriel lazers this one in to T-Ferg on 4th down 💥 @oregonfootball #B1GFootball on NBC 📺 pic.twitter.com/RaSmV8Ma0m

— Big Ten Football (@B1Gfootball) November 17, 2024

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Wisconsin failed to get a first down on its final four drives. One was hindered by a backbreaking chop block call that negated a first-down pass to receiver Trech Kekahuna. The next drive ended in a turnover on downs on Locke’s incomplete pass, and the game wrapped when Locke’s final throw was tipped and intercepted by outside linebacker Matayo Uiagalelei with 1:32 remaining. Wisconsin averaged just 3.6 yards per play, its worst mark under offensive coordinator Phil Longo. Players acknowledged the defense deserved better.

“I apologize to them all the time,” Badgers running back Tawee Walker said. “They have our backs every single game. We’ve got to do the same. They played their part from the first snap of the game to the last snap of the game. I feel bad because we don’t have their backs like we should, and they played their hearts out.”

Fickell has attempted to stay positive despite mounting frustrations over the lack of progress. He said he was encouraged by the fact that he didn’t see doubt in anybody’s eyes on the sideline, even as Oregon took the lead late. He said that “there’s something that’s building” within the program. But that’s about all Wisconsin has to show for where it is — faint optimism about an uncertain future. And, at some point real soon, there better be more to offer because moral victories only go so far.

“This isn’t the norm,” Chaney said. “This isn’t the standard. I’m not going to sit here and say that a lot of people can’t see that. We see it in the locker room. We see it within the coaches. I truly believe that we’re taking steps. We’re making strides where guys who went through the stuff right now are going to come back next year and things will change. Things will change.”

GO DEEPER

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(Top photo of Jordan James: John Fisher / Getty Images)