Former Milwaukee election official to be sentenced Thursday in military ballot case

A former Milwaukee election official is set to be sentenced Thursday afternoon on criminal charges connected to her ordering of three military absentee ballots under fake names ahead of the 2022 midterm elections and having them sent to a state legislator.

Kimberly Zapata, 47, of Milwaukee, was convicted in March by a Milwaukee County jury on a felony charge of misconduct in public office and three misdemeanor counts of making a false statement to obtain an absentee ballot.

The felony charge carries a maximum sentence of 3 1/2 years in the state prison system while each misdemeanor count carries a maximum six-month sentence.

In a sentencing memorandum filed before Thursday's hearing, Zapata's defense attorney Daniel Adams recommended a $500 fine and said any time behind bars would be "a gross injustice and completely unnecessary."

"She has zero prior criminal record and has been convicted of non-violent offenses," he wrote to Milwaukee County Circuit Court Judge Kori Ashley. "Her intention was not to steal votes but to expose a legitimate flaw in the elections system."

Zapata was charged in November 2022 with fraudulently requesting three military absentee ballots and sending them to the Menomonee Falls home of state Rep. Janel Brandtjen, a Republican lawmaker known for embracing unfounded conspiracy theories about the 2020 election. The ballots were mailed by clerks in Menomonee Falls, Shorewood and South Milwaukee.

She was fired from her job at the city after officials there learned of her actions.

In a recording of a police interview with Zapata that was played for the jury, she said she sent the ballots to Brandtjen because she knew she would not cast the ballots and because she wanted to "make (Brandtjen) stop and think and redirect her focus away from these outrageous conspiracy theories to something that's actually real."

Adams wrote in the memorandum that Zapata's "rash and unwise decision" was mitigated by factors including her not using any real person's identity, her emotional instability due to her brother's unexpected death and her making a full statement to the District Attorney's Office regarding her actions. He also wrote that her fixation on the absentee ballot issue was explained by the fact that she has autism.

At trial, though, Assistant District Attorney Matthew Westphal contended that Zapata had introduced fraud into the system she was responsible for safeguarding as the Election Commission's second-in-command. The appropriate way to raise a concern about a gap in the system was not by committing a crime, he said.

Milwaukee Election Commission Executive Director Claire Woodall testified at trial that Zapata had come to her before the 2022 midterm election and told her she sent the ballots to Brandtjen, who had reported receiving military absentee ballots at her home.

In a letter ahead of sentencing, Woodall wrote that Zapata "without a doubt, committed an enormous violation of public trust and sowed greater distrust in our democratic system."

Woodall described the personal and professional toll she felt from Zapata's actions but maintained that Zapata was trying to highlight a gap in the election 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 wrote. "The Election Commission had already faced two years of ongoing conspiracy theories and false accusations; in November of 2022, those same critics suddenly gained legitimate ammunition to fire at our office as a result of Kim's actions. Despite the harm she has caused, her actions were rooted in a very real security vulnerability that state statute has created and that continues to persist."

Woodall said Zapata had already begun to serve "a life-altering sentencing" for her actions that were "out of character and the direct result of unconscionable stress, constant scrutiny, and personal grief."

Hers was one of nine letters submitted on Zapata's behalf ahead of sentencing.

This story will be updated.

Alison Dirr can be reached at adirr@jrn.com.

This article originally appeared on Milwaukee Journal Sentinel: Former Milwaukee election official to be sentenced in fake ballot case