Former Milwaukee election official stands trial for election fraud
MILWAUKEE (CBS 58) -- A former Milwaukee election official who admitted to illegally requesting absentee ballots for voters overseas appeared in a Milwaukee County courthouse Monday.
Kimberly Zapata, 47, who served as deputy director of the Milwaukee Election Commission, faces three misdemeanors for election fraud and a felony charge of misconduct in public office.
Zapata's trial is centered around her actions from 2022 when she fraudulently requested absentee ballots for three nonexistent military voters days before November's election.
According to the criminal complaint, she used her city-issued laptop to fill out ballot applications to try and "highlight flaws" within 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.
During opening statements, the prosecution described Zapata as an election official who was supposed to "protect elections" but turned into a "fraudster."
"It's her job to make sure absentee ballots were properly processed and appropriately managed,' said Matthew Westphal, prosecutor for the Milwaukee County District Attorney Office. "Then [she] stepped out of her role and stepped into the role of a fraudster."
Zapata's attorney argued she is not a criminal and painted her as a "whistleblower" who tried to raise concerns about the state's MyVote system.
"She is a legitimate whistleblower who had a legitimate issue with the election system," said Daniel Adams, Zapata's attorney.
Zapata told investigators she sent the ballots to Rep. Janel Brandtjen, a Menomonee Falls Republican who is one of the most vocal election conspiracy theorists serving in the state Legislature.
She picked Brandtjen "to redirect her focus away from outrageous conspiracy theories to something that is actually real," according to the complaint.
Two clerks who processed Zapata's ballots testified on behalf of prosecutors.
Amy Fishinger, the Menomonee Falls village clerk, and Shorewood Clerk Toya Harrell both took the stand confirming their offices sent the military ballots to Brandjten’s address.
At the time, neither clerk knew the ballots were fraudulently requested, but were later notified after Zapata came forward.
Shortly after the incident, Zapata was fired from her high-ranking role at the Milwaukee Election Commission.
Zapata pleaded not guilty in December. She's currently free on a signature bond.
If convicted, Zapata's felony charge carries a maximum penalty of three-and-a-half years in prison and $10,000 in fines. The two misdemeanor charges she faces carry a maximum six months in prison or $1,000 in fines.
This is not the first time someone successfully and illegally requested ballots to prove a point in Wisconsin.
Harry Wait, a Racine County voter, is also facing felony charges after he requested ballots in the names of Republican lawmakers, including Assembly Speaker Robin Vos, among other officials.
Wait, a conservative activist who leads the organization H.O.T. Government that focuses on voting issues and promotes election conspiracies, was charged with voter fraud and identity theft in September 2022.
Wait, like Zapata, admitted to ordering the ballots to expose vulnerability in the system. State election officials deny there is any.