Before the 2022 midterm elections, a former Milwaukee election official ordered three military absentee ballots under false names and delivered them to a state legislator known for supporting conspiracy theories. This action resulted in a one-year probation sentence and a $3,000 fine.
The criminal accusations against Kimberly Zapata, 47, of Milwaukee, came at a difficult time for election officials across the state and nation, two years after former President Donald Trump lost the 2020 election and attempted to cast doubt on the results.
Related posts
In his sentencing argument Thursday, the prosecutor referred to the Jan. 6, 2021, attack on the United States Capitol, which followed Trump’s bogus assertions that the election was stolen from him.
Zapata’s trial counsel, however, maintained that her acts did not resemble those of the attackers, and Milwaukee County Circuit Court Judge Kori Ashley was wary of blaming Zapata for voter distrust.
“The state referenced the climate around election fraud, and tensions are high,” Ashley remarked before imposing the sentence. “Ms. Zapata is not responsible for that.” She did contribute to it.”
In March, a Milwaukee County jury convicted Zapata of felony misconduct in public office and three misdemeanor charges of making a false statement to acquire an absentee ballot. She told investigators that she mailed the military ballots to Republican state Rep. Janel Brandtjen to highlight a genuine flaw in the election system.
Ashley dismissed the defense contention that Zapata was a whistleblower, claiming Zapata had other ways to convey her point without committing felonies.
“I think you had legitimate means to go about solving an issue that you identified, and I think you took a shortcut,” Ashley went on to say.
Nonetheless, the court said she did not believe Zapata behaved with “nefarious intent.”
Ashley imposed 120 hours of community service as a condition of probation.
If Zapata breaches the terms of her probation, she will serve nine months in the Milwaukee County Community Reintegration Center, formerly known as the House of Correction.
The felony charge had a maximum punishment of three and a half years in state prison, while each misdemeanor count carried a maximum of six months.
Prior to receiving her sentence, Zapata expressed regret for her actions, claiming they stemmed from a “complete emotional breakdown.” She also stated that she has an autistic spectrum disorder and struggles to control her emotions, sensory input, and thinking processes when pressured.
She stated today that she is better able to manage stressors in her life and is learning to let go of things she cannot control.
“I now recognize my actions did not match my best intentions,” she went on to say.
Assistant District Attorney Matthew Westphal had advocated for 18 months of probation on the felony count, followed by 12 months in the Community Reintegration Center if she violated her probation terms. He also proposed a total of 60 days in the Community Reintegration Center for the three misdemeanor counts, in addition to the sentence for the felony offense.
“Ms. Zapata swore an oath to defend the federal and state constitutions and to faithfully discharge her duties,” Westphal said in a statement. “She neglected that duty. “She introduced fraud into the system.”
He claimed that the political climate exacerbated the offense.
Zapata’s defense attorney, Daniel Adams, filed a sentencing statement before Thursday’s hearing, requesting a $500 fine and stating that any prison time would be “a gross injustice and completely unnecessary.”
“She has zero prior criminal record and has been convicted of non-violent offenses,” he stated in the letter. “Her intention was not to steal votes but to expose a legitimate flaw in the election system.”
Following the sentencing, he said that he would be appealing Zapata’s conviction.
Zapata faced accusations in November 2022 for fraudulently requesting three military absentee ballots and delivering them to Brandtjen’s residence in Menomonee Falls. Clerks from Menomonee Falls, Shorewood, and South Milwaukee mailed out votes.
After officials learned of her behavior, they fired her from her position with the city.
Zapata told the jury during a police interview that she sent Brandtjen the ballots because she knew she wouldn’t vote and wanted to “make Brandtjen stop and think and redirect her focus away from these outrageous conspiracy theories to something that’s actually real.”
Adams noted in the memorandum that circumstances like not using a real person’s name, her emotional instability following her brother’s unexpected death, and her full statement to the District Attorney’s Office about her activities tempered Zapata’s “rash and unwise decision”. He also stated that her preoccupation with the absentee ballot problem was due to her autism diagnosis.
Claire Woodall, Executive Director of the Milwaukee Election Commission, testified at trial that Zapata approached her before the 2022 midterm election and informed her that she had given the ballots to Brandtjen, who had reported getting military absentee ballots at her home.
In a letter prior to punishment, Woodall stated that Zapata “without a doubt committed an enormous violation of public trust and sowed greater distrust in our democratic system.”
Woodall recounted the personal and professional toll of Zapata’s actions but insisted that Zapata was attempting to highlight a flaw in the electoral system.
“As the executive director of the Election Commission, I faced severe skepticism and criticism from my colleagues, employees, and the citizens that I serve after Kim’s actions came to light,” Woodall said in a statement. “The Election Commission had already faced two years of continuing conspiracy theories and false charges; in November 2022, those same opponents suddenly found legitimate ammunition to fire at our office as a result of Kim’s conduct. Regardless of the harm she has caused, her activities sprang from a very genuine security weakness created by state statute, and that continues to exist.”
Woodall stated that Zapata had already begun serving “a life-altering sentencing” for her actions, which were “out of character and the direct result of unconscionable stress, constant scrutiny, and personal grief.”
Her letter was one of nine written on Zapata’s behalf prior to sentencing.
