Voter fraud trial against former Milwaukee elections official begins

MILWAUKEE (CN) — The trial of a former high-ranking Milwaukee elections official facing voter fraud and misconduct charges got underway Monday, kicking off an exceedingly rare prosecution of someone said to have defrauded an election.

Kimberly Zapata, 47, is suspected of using fake voter information to fraudulently request three military absentee ballots through the Wisconsin Elections Commission’s online portal on Oct. 25, 2022, just ahead of that year’s midterm elections. She claims she did so to make a point about the existence of voter fraud and flaws with the absentee ballot system, according to court documents.

Prosecutors say Zapata used her governmental access to obtain the home address of state lawmaker Janel Brandtjen of Menomonee Falls — a Republican member of the Wisconsin Assembly who has frequently platformed conspiracy theories connected to the 2020 election — and had the fraudulent ballots mailed there.

Photo ID is not required to receive a military or overseas absentee ballot under Wisconsin Elections Commission rules.

Zapata was immediately removed from her position as deputy director of the Milwaukee Election Commission when her actions were discovered, Milwaukee Mayor Cavalier Johnson revealed on Nov. 3, 2022. The Milwaukee County District Attorney’s office filed the criminal complaint against her the following day.

The defendant faces one felony count of misconduct in public office and three misdemeanor counts of making a false statement to obtain an absentee ballot. The felony carries a maximum penalty of a $10,000 fine or 3 1/2 years in prison; the misdemeanors carry potential penalties of a $1,000 fine, six months imprisonment, or both.

Zapata has pleaded not guilty to all of the charges. It was noted at a pretrial conference in February that the state had made a final offer to Zapata, and that she had rejected it.

During the prosecution’s opening statements on Monday, Assistant District Attorney Matthew Westphal said “elections are the cornerstone of our democracy” and that Zapata "chipped away at those foundations of our democracy.”

Though she was supposed to be a “protector” of elections, the state’s attorney said Zapata “stepped out of that role of protector and into the role of a fraudster.”

“Ms. Zapata went into the system knowing this was wrong, knowing this was fraudulent, and she had those ballots sent off anyway,” Westphal said, adding that prosecutors know she committed the fraud because she admitted to it.

Speaking on Zapata’s behalf, Milwaukee-based defense attorney Dan Adams told the jury that they will ultimately conclude that his client committed no crime and that she is not a criminal.

“She is a legitimate whistleblower about a legitimate issue with the election system in the state of Wisconsin,” Adams said.

Adams stressed that Zapata had no political agenda motivating what she did, and she was only trying to illuminate an issue with the state’s absentee ballot system. Wisconsin’s elections are secure and fair because of Zapata and her former colleagues, he argued.

“What she did was to show a gap in that fair, secure election system. A gap in security that no one was talking about, that no one was taking seriously,” Adams said.

The defense attorney further noted that Zapata never intended to vote the ballots or even obtain them for herself, and that she had no fraudulent intent. She only intended to act as a whistleblower and get the attention of a lawmaker she later learned was “not a credible individual” and someone who “trafficked in conspiracy.”

Adams called the state’s theory “complete bunk” and the case being brought against his client an “injustice.”

Protesters supporting the defendant, some boosting conspiracy theories about the 2020 election, have sporadically attended hearings in the case thus far. Among them has been Harry Wait, a 69-year-old from Union Grove currently facing voter fraud charges in Racine County Circuit Court who has openly admitted to committing the actions as an act of civil disobedience.

No protesters were at the courthouse for proceedings on Monday. Except for about a half-dozen reporters, the courtroom gallery was largely empty.

Most of Monday was spent selecting a 12-person jury and two alternates from a pool of 40 potential jurors. Of the 14 individuals selected, eight are men and six are women.

Two witnesses, Menomonee Falls Village Clerk Amy Dishinger and Shorewood Village Clerk Toya Harrell, were called by the state after opening statements. They largely testified on the nuts and bolts of requesting and processing military and overseas absentee ballots, as well as details about the ballots Zapata requested using addresses in their respective municipalities.

After the jury was dismissed for the day, Westphal argued to Milwaukee County Circuit Court Judge Kori Ashley that Adams’ whistleblower argument is “dangerously close” to arguing for jury nullification. Adams called his argument a “fair description of [Zapata's] actions” and said he “takes umbrage” at the notion he is forwarding nullification.

Zapata’s trial is expected to last most or all of the week, depending on jury deliberations.

Follow @cnsjkelly

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