Former Milwaukee elections official convicted of election fraud sentenced to probation and community service

MILWAUKEE (CBS 58) -- Former Milwaukee election official Kimberly Zapata will not serve any jail time after she was sentenced to probation Thursday afternoon, May 2, in her election fraud case.

Zapata admitted to fraudulently requesting three absentee ballots ahead of the 2022 election, and a jury found her guilty this March.

Zapata walked out of court Thursday after a judge gave her a much more lenient sentence than the five years in prison she could have gotten.

She's never denied committing election fraud.

On Thursday, a tearful Zapata addressed the judge before the sentence was handed down.

She said, "I'm ashamed I've shattered my reputation with my children. I now recognize my actions did not match my best intentions."

A Milwaukee County judge handed down 12 months of probation, 120 days of community service, and a $3,000 fine.

In October of 2022, Zapata used three names to request fraudulent absentee military ballots.

She and her attorney have long argued she was simply trying to expose a loophole in the system so that it could be fixed.

Her attorney Daniel Adams told the judge, "What my client wanted to do was close that hole so bad actors would not have access to it in future elections."

But the judge -and the jury that found her guilty in March- disagreed.

The state pushed for a year in prison, arguing a message needed to be sent to others considering meddling with the election system.

Assistant District Attorney Matthew Westphal said, "A lack of punishment for this crime would basically send the message that it's open season to commit electoral fraud."

Zapata has never denied committing fraud. After the sentencing, Adams told reporters, "Kimberly has been forthright and honest about her actions."

But judge Kori Ashley said while there may not have been nefarious intent, Zapata's fraud comes at a time when faith in elections is already low, and her actions impacted public trust in the election system.

Ashley told Zapata, "You had to know this would be seized upon. And that's exactly what happened."

Adams said he and Zapata plan on appealing but did not say when that appeal could be filed.