The Kimberly Zapata election fraud case ended with the former deputy director of the Milwaukee Election Commission convicted on one felony count of misconduct in public office and three misdemeanor counts of election fraud, after she used her official access to request three military absentee ballots under fake names in October 2022. A Milwaukee County jury rejected her whistleblower defense in March 2024, she received a stayed nine-month jail term with probation, fines, and community service, and the Wisconsin Court of Appeals affirmed her convictions in May 2026.
What Zapata Did
On October 25, 2022, Zapata used her work laptop and the state’s public MyVote website to request three military absentee ballots under the fictitious names Holly Jones, Holly Adams, and Holly Brandtjen.1Wisconsin Courts. State of Wisconsin v. Kimberly D. Zapata, 2026 WI App 36 She assigned each fake voter to a random address in a different municipality — South Milwaukee, Shorewood, and Menomonee Falls — and directed all three ballots to be mailed to the home of State Representative Janel Brandtjen, a Republican from Menomonee Falls who had publicly promoted debunked claims that the 2020 presidential election was stolen in Wisconsin.2Wisconsin Public Radio. Jury Finds Former Milwaukee Election Official Guilty of Election Fraud
To find Brandtjen’s home address, Zapata logged into WisVote, a secure voter registration database restricted to election administration employees.1Wisconsin Courts. State of Wisconsin v. Kimberly D. Zapata, 2026 WI App 36 Military absentee ballots in Wisconsin do not require voter registration or photo identification, a gap Zapata said she wanted to expose. She later told investigators she picked Brandtjen because she believed the lawmaker would not mail the ballots back and would instead publicize the loophole.2Wisconsin Public Radio. Jury Finds Former Milwaukee Election Official Guilty of Election Fraud
The ballots arrived at Brandtjen’s home. Brandtjen reported the incident to the Waukesha County Sheriff’s Department and issued a press release, and Zapata came forward and admitted what she had done.3Courthouse News Service. Ex-Official Convicted of Voter Fraud Spins Wheels With Whistleblower Defense on Appeal Milwaukee Mayor Cavalier Johnson fired her on November 3, 2022, calling the conduct “an egregious, blatant violation of trust” regardless of her stated motives.4WUWM. Deputy Director of the Milwaukee Election Commission Terminated for Fraud
The Charges
The Milwaukee County District Attorney’s Office charged Zapata in case number 2022CF004307, with Assistant District Attorney Matthew Westphal prosecuting.5Courthouse News Service. State of Wisconsin v. Kimberly D. Zapata Criminal Complaint She faced four counts:
- One felony count of misconduct in public office under Wisconsin Statute § 946.12(2), for acting in excess of her lawful authority.
- Three misdemeanor counts of election fraud under Wisconsin Statute § 12.13(3)(i), for making false statements to obtain absentee ballots.
The Whistleblower Defense
Defense attorney Daniel Adams argued Zapata was a legitimate whistleblower, not a criminal. In opening statements, he told jurors she had “no political agenda,” never intended to vote the ballots or keep them, and was trying to draw attention to a security gap “that no one was talking about, that no one was taking seriously.”6Courthouse News Service. Voter Fraud Trial Against Former Milwaukee Elections Official Begins
Adams also worked to establish the pressure Zapata was under. Executive director Claire Woodall-Vogg testified that commission staff had faced constant threats from people who falsely believed the 2020 election was rigged, including a message saying employees “should go before a firing squad,” and a map of employee workstations that staff read as a potential attack blueprint.7Seattle Times. Trial of Former Milwaukee Election Official Charged With Illegally Requesting Ballots Begins Adams described Zapata as an “apolitical” person and a “political neophyte” who was also grieving the death of her brother.8Courthouse News Service. Former Milwaukee Election Official Guilty of Voter Fraud, Jury Finds In a recorded interview played for the jury, Zapata said she was “fed up,” had no “manipulative plan,” and wanted to shift attention from conspiracy theories to what she considered real loopholes.2Wisconsin Public Radio. Jury Finds Former Milwaukee Election Official Guilty of Election Fraud
Westphal answered the framing directly in closing: “She is not a whistleblower. She’s not exposing information. She’s committing election fraud.” He argued she had “multiple legitimate means to raise those same concerns” and instead chose to add false information to an election process already under strain from misinformation.9NBC News. Former Milwaukee Election Official Found Guilty of Obtaining Fake Absentee Ballots
Verdict and Sentence
Jury selection began March 18, 2024, in Milwaukee County Circuit Court before Judge Kori Ashley.10FOX6 Milwaukee. Kimberly Zapata Ballot Fraud Case Sentence Two days later, on March 20, 2024, the jury returned a guilty verdict on all four counts.2Wisconsin Public Radio. Jury Finds Former Milwaukee Election Official Guilty of Election Fraud
Judge Ashley sentenced Zapata on May 2, 2024, to nine months of incarceration stayed in favor of 12 months of probation, plus 120 hours of community service and $3,000 in fines, or $1,000 for each misdemeanor count.11Courthouse News Service. Former Milwaukee Elections Official Gets Suspended-Sentence, Fines for Committing Election Fraud The jail time would only be imposed if her probation were revoked. Zapata was also advised of restrictions on firearm possession and voting rights.12Wisconsin Public Radio. Zapata Election Official Probation Fake Absentee Ballots
The Appeal
Zapata filed a notice of intent to seek post-conviction relief the day after sentencing. On appeal she made two main arguments: that “obtaining” an absentee ballot under the statute required actual physical possession, which she never had because the ballots went to Brandtjen’s home; and that her conduct was carried out in a private capacity as a whistleblower rather than in her official capacity as a public employee.13Heritage Foundation. Kimberly Zapata Docket, Case No. 2022CF004307
On May 12, 2026, a three-judge panel of the Wisconsin Court of Appeals unanimously affirmed the convictions. Judge Sara Geenen wrote the opinion, joined by Deputy Chief Judge M. Joseph Donald and Presiding Judge Pedro Colón.14Courthouse News Service. No Reprieve for Former Wisconsin Election Official Convicted of Voter Fraud
On the meaning of “obtaining,” the court held the term reaches constructive possession. Geenen wrote that Zapata “set off a series of actions she knew the ballots would be subjected to” and “controlled both the names under which the ballots would be generated and the destination to which those ballots would be sent.” Reading the statute to require physical possession, the court said, “would defeat the purpose” of a law meant to protect election integrity from fraudulent injections.1Wisconsin Courts. State of Wisconsin v. Kimberly D. Zapata, 2026 WI App 36
On the misconduct count, the court found a “material connection” between Zapata’s actions and the powers of her office. She used a city-issued laptop, accessed the restricted WisVote database with her employee credentials, and drew on her institutional knowledge of municipal clerks to pick jurisdictions where she thought the fake requests would slip through. Those facts, the court said, refuted the argument that she acted purely as a private citizen. The panel also held Zapata had forfeited arguments about the rule of lenity and the First Amendment by not raising them at the trial level.15WJI Inc. Court of Appeals Upholds Convictions of Voting Official Who Argued She Was a Private Citizen Whistleblower
What Changed for Military Absentee Voting
The incident prompted discussion about tightening Wisconsin’s military absentee ballot procedures, but no reforms were enacted. Officials floated requiring military voters to verify identity with their Department of Defense common access card, and some legislators introduced a bill that would require a DOD number on ballot applications.16Wisconsin Public Radio. Military Voters New ID Requirements Wisconsin Proposal Elections Questions remained about whether such requirements could stand under federal law, which bars states from demanding photo ID from permanent overseas and military voters. Senate Majority Leader Devin LeMahieu said he had no plans to address military absentee voting in the upcoming session.17Spectrum News 1. Wisconsin Election Officials Weigh Changes to Military Voting The Wisconsin Elections Commission maintained that multiple checks already exist to keep fraudulent military absentee ballots from being counted.2Wisconsin Public Radio. Jury Finds Former Milwaukee Election Official Guilty of Election Fraud