Day 2: Former Milwaukee election official stands trial for election fraud

MILWAUKEE (CBS 58) --The jury trial of a Milwaukee election official who admitted to illegally requesting absentee ballots for nonexistent military voters continued all day Tuesday.

Several Milwaukee public officials testified Tuesday at the Milwaukee County Courthouse and were drilled on how the absentee ballot process works and how to identify red flags.

Kimberly Zapata, 47, served as deputy director of the Milwaukee Election Commission. She faces three misdemeanors for election fraud and a felony charge of misconduct in public office. In October 2022, she fraudulently requested absentee ballots for three made-up military voters, according to the criminal complaint, issued in the names of Holly Brandtjen, Holly Jones, and Holly Adams.

Witnesses in court said Zapata used her city-issued laptop to fill out ballot applications using the MyVote website, the state's online system voters use to request absentee ballots.

Under current law, active military personnel do not have to show proof of a photo ID to request a ballot.

In a recorded interview played in court, Zapata claimed it was not done as a criminal act. Instead, it was meant to prove a point, wanting to highlight flaws within the system and redirect conspiracy theories reported and instead "focus on the actual problems."

Robert Kehoe, deputy administrator for the Wisconsin Election Commission, testified on Tuesday, saying that one of his responsibilities is dealing with election security.

"If we're talking about MyVote, that's maintained by WEC?" asked Daniel Adams, Zapata's attorney.

"Yes," responded Kehoe.

"Yet that system didn’t flag three requests, close in time, using the same first name, using the same DOB to the same address, that didn't trigger any type of like a tickler system, or something, a red flag to a human administrator like you to be put on notice? Like, 'hey, there's something suspicious here?'" questioned Adams.

"Good question. The law provides that citizens can make absentee ballot requests by email, there is no provision in the Wisconsin statute for the MyVote system. And so, the MyVote absentee ballot system simply generates an email to the appropriate municipal clerk," Kehoe responded.

Another witness, Claire Woodall, the executive director of the City of Milwaukee's Election Commission, said that at the time, she had known and worked with Zapata for about seven years.

"She had told me that she had requested those ballots," said Woodall. "She had brought this concern with the MyVote website to my attention several times in that month prior and that she was frustrated that people like Representative Brandtjen continued to focus on what they consider election fraud issues that aren't real, and that this is a real potential security issue that she wanted to bring to her attention."

During Milwaukee County Deputy Chief Investigator Thomas Meverden's testimony, a recorded audio interview played in court. Zapata is questioned by Meverden and another colleague. At one point, Zapata is asked why she specifically wanted to reach Rep. Janel Brandtjen on the issue.

"Because she is the most vocal election fraud politician that I know of and I thought that maybe this would make her stop and think and redirect her, like, her focus away from these, like, outrageous conspiracy theories to something that is actually real," responded Zapata.

Zapata is later asked if she had any plans after mailing out the absentee ballots. She said no, she simply wanted to leave it in the hands of Rep. Brandtjen.

Rep. Janel Brandtjen issued a statement Tuesday -- the first time she's speaking on the trial. Read full statement below:

"Until days before the 2022 election, I had never met or known Kim Zapata. Her case highlights a critical flaw in the online WisVote system, which allows individuals under indefinite confinement, overseas, or with military status to request and receive ballots without sufficient security measures. Moreover, the system permits ballot requests using a VPN, making it difficult to trace the origin of the requests. If Ms. Zapata had wished to raise concerns about the election process, she could have done so anonymously by contacting appropriate authorities rather than jeopardizing her job and reputation.

I cannot speak to Kim Zapata's intent as I have never spoken with her. However, I reported the issue to the Waukesha Sheriff's Department, requesting an investigation into those who requested the ballots, particularly since one had my last name attached. Regrettably, neither the Wisconsin Elections Commission nor any investigators have contacted me regarding this matter.

Had Kim Zapata used a VPN and remained anonymous, I would have been suspected of creating my own ballot requests, a situation I could not have easily disproved.

It is concerning that neither the legislature, the Governor, nor the Republican and Democratic parties have addressed the lack of confirmation for military ballot requests, as mandated by law. The online WisVote system allows individuals to request and send certain types of ballots without verified identities."

Four Milwaukee public officials took the stand Tuesday as part of the state's witness list. Zapata chose not to testify in her own trial. Closing arguments are expected to take place Wednesday morning and the jury is expected to begin deliberations.

Zapata pleaded not guilty in December. She's currently free on a signature bond.

She faces up to $13,000 in fines and up to five years in prison.