Kimberly Zapata, a former Milwaukee election official, was sentenced to one year of probation and fined $3,000 for misconduct in office and fraud related to obtaining fake absentee ballots. Zapata was also ordered to complete 120 hours of community service. Despite her attorneys arguing that she was acting as a whistleblower, the judge rejected this defense and emphasized that there are other ways to address concerns without breaking the law. Zapata expressed regret for her actions, attributing them to a “complete emotional breakdown” and citing her autism spectrum disorder as a contributing factor.

The charges against Zapata included one felony count of misconduct in public office and three misdemeanor counts of election fraud. A jury found her guilty on all four counts in March. Prosecutors argued that Zapata’s actions were an attack on the electoral system, which relies on public trust in those administering it. They highlighted the potential consequences of election fraud, including the violence seen in the aftermath of false claims during the 2020 election. Zapata’s defense attorney recommended a $500 fine in the sentencing memorandum, stating that any time behind bars would be unjust and unnecessary given her lack of prior criminal record and non-violent offenses.

Zapata, who served as deputy director at the Milwaukee Election Commission, used her work-issued laptop to obtain three military absentee ballots using fake names and Social Security numbers. She then sent the ballots to Republican state Rep. Janel Brandtjen, who is known for promoting election conspiracy theories. Zapata claimed that she was motivated by stress from death threats received by commission staff from election conspiracy theorists and wanted to expose flaws in the system. Following the discovery of her actions, she was fired from her position with the city. Notably, active military personnel in Wisconsin do not have to register to vote or provide photo identification to obtain absentee ballots.

The case involving Zapata occurred in the context of ongoing tensions over election integrity, particularly in Milwaukee, which has been a target for complaints from former President Donald Trump and his supporters. These critics have made unsubstantiated claims of widespread voter fraud to challenge the results of the 2020 election. Zapata’s actions, although not aimed at altering election outcomes, were seen as damaging to the public’s trust in the electoral process. The judge’s decision to sentence her to probation and community service, along with a fine, reflects a balance between accountability for her actions and an understanding of the factors that contributed to her misconduct. Moving forward, efforts to strengthen election security and maintain public confidence in the electoral system remain essential goals for addressing concerns about fraud and misconduct.

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