Jury Convicts Former Milwaukee Election Official in Absentee Ballot Fraud Case

Milwaukee, WI — A Milwaukee County jury has found former city election official Kimberly Zapata guilty of election fraud and misconduct in public office after she admitted to requesting fake military absentee ballots in 2022.

Zapata, 47, who previously served as deputy director of the Milwaukee Election Commission, was convicted following roughly five hours of jury deliberation. The verdict was read by Ashley Kori in Milwaukee County court. Zapata appeared quiet as the decision was announced.

Fraud Involving Military Absentee Ballots

Prosecutors said Zapata used fake names to request military absentee ballots through the state’s My Vote Wisconsin website while using her work laptop. The ballots were mailed to the home of Republican state Rep. Janel Brandtjen, who had publicly promoted false claims about widespread election fraud following the 2020 presidential election.

The ballots were addressed to Holly Brandtjen, Holly Jones and Holly Adams. After receiving them, Brandtjen contacted authorities and members of the media.

Court testimony revealed Zapata used her municipal login credentials to access a private Wisconsin voter database to obtain Brandtjen’s home address. Clerks in Menomonee Falls, Shorewood and South Milwaukee processed and mailed the ballots.

Zapata was fired by the city following the incident and later charged.

Defense: “Whistleblower” Action

During trial, Zapata’s defense attorney, Daniel Adams, argued she acted as a whistleblower attempting to expose vulnerabilities in Wisconsin’s absentee ballot system. He said she did not intend for the ballots to be cast and believed sending them to Brandtjen would prevent their return while drawing attention to what she viewed as a systemic flaw.

“She was a whistleblower,” Adams told jurors during closing arguments, describing her actions as an “imperfect” but truthful attempt to demonstrate a security concern.

Zapata did not testify in her own defense but told investigators in a recorded interview that she did not have a “manipulative plan” and acted because she was “fed up.”

Prosecution: Violation of Public Trust

Assistant District Attorney Matthew Westphal countered that Zapata’s actions constituted a clear abuse of her authority and eroded confidence in the election system.

“We rely on our election workers to maintain the integrity of our election system,” Westphal said. “Instead of helping secure the absentee ballot system, she introduced fraud into that system.”

Prosecutors argued that any concerns about vulnerabilities should have been raised through official channels rather than through unlawful conduct.

Rare Case in Election Administration

Atiba Ellis, a law professor at Case Western Reserve University School of Law, described the case as highly unusual.

“Ordinarily, election administrators who see flaws in systems raise those flaws and those become the object of legislation,” Ellis said. “For an election administrator to request a fake ballot to prove fraud can happen is simply unheard of.”

Mayor: Verdict Brings Accountability

In a statement following the verdict, Cavalier Johnson said the decision brings accountability.

“At the time of Zapata’s removal, I said it does not matter that this might have been an effort to expose a vulnerability that state law created,” Johnson said. “Fundamentally, the actions were a violation of trust.”

The Wisconsin Elections Commission previously stated that multiple safeguards exist to ensure fraudulent military absentee ballots are not counted.

Potential Sentence

Zapata faces up to three-and-a-half years in prison and a $10,000 fine for the felony misconduct charge. Each election fraud conviction carries a potential six-month jail sentence and fines of up to $1,000.

Brandtjen did not testify during the trial. In a statement, she said Zapata could have raised concerns anonymously rather than jeopardizing her job and reputation. Brandtjen also said she reported the ballots to the Waukesha County Sheriff’s Department.

Separately, the bipartisan Wisconsin Ethics Commission has recommended felony prosecution against Brandtjen and others in an unrelated campaign finance matter.

Neither Zapata nor her attorney commented publicly following the verdict.