Michael Gableman-linked law firm represents former Milwaukee election official Kimberly Zapata in court
The former Milwaukee Election Commission deputy director who is charged with fraudulently requesting military absentee ballots in the lead-up to last month's election is being represented in court by a conservative law firm that helped former state Supreme Court Justice Michael Gableman in his taxpayer-funded review of the 2020 election.
Kimberly Zapata, 45, of Milwaukee is free on a $2,500 signature bond after her first hearing in Milwaukee County Circuit Court on Friday. She has been out of custody since charges were filed against her early last month.
Zapata is charged with misconduct in public office, a felony, and three misdemeanor counts of making a false statement to obtain an absentee ballot. Zapata entered not guilty pleas to the misdemeanor counts.
Representing her was attorney Abigail Bongiorno of the Thomas More Society. The group argued in court on the eve of the Nov. 8 midterm election that Zapata's actions demonstrate "a vulnerability in Wisconsin’s military absentee ballot process" and that the immediate counting of military ballots should be blocked. The judge rejected that effort.
The Thomas More Society was representing state Rep. Janel Brandtjen and a group that says it represents Wisconsin veterans after three military absentee ballots arrived at Brandtjen's home in the names of voters who do not exist.
Kimberly Zapata accused of sending military ballots to Rep. Janel Brandtjen's home using fake voter names
Zapata is accused of sending those ballots to Brandtjen, a Republican lawmaker known for embracing unfounded conspiracy theories about the 2020 election. In recent weeks, Brandtjen was expelled from the Assembly GOP caucus, and she could lose her position as chair of the Assembly's elections committee.
In addition to setting bond, Milwaukee County Court Commissioner Maria S. Dorsey set conditions that Zapata not participate in the administration of any elections and have no contact with Brandtjen or Milwaukee Election Commission Executive Director Claire Woodall-Vogg for the duration of the court case.
Her next court hearing is scheduled for Dec. 9.
As deputy of the city department charged with the administration of elections across Milwaukee, Zapata's duties included supervising registration and all aspects of absentee ballots.
Zapata said she sent the ballots to show voter fraud exists, highlight flaws in election system
The criminal complaint states that Zapata told investigators she sent the ballots to make a point about the existence of fraud in the voting system and to redirect Brandtjen's focus "away from outrageous conspiracy theories and to something that is actually real."
It also said that "Zapata stated that she felt overwhelmed due to the threats of violence the Election Commission was receiving, in addition to the constant daily harassment and accusations of lying and hiding things. She stated she wanted the truth to come out so that they could focus on the actual problems."
Zapata also said she was trying to highlight flaws in the election system in an attempt to maintain election integrity as part of her job.
Her actions came to light just days before the Nov. 8 election and amid ongoing clashes over absentee ballots, as Republicans have sought to cast doubt on the security of the voting mechanism since former President Donald Trump began falsely accusing Milwaukee election officials and others of rigging the 2020 election.
Changes could come to military absentee voting
In recent days, Wisconsin election officials were weighing whether changes to military absentee voting are needed due to Zapata's case.
In Wisconsin, military voters are not required to register before voting in an election and do not need to provide proof of identification or residence to request an absentee ballot, the complaint states.
Mayor Cavalier Johnson removed Zapata from her position as second in charge of the city's Election Commission after learning she had ordered the ballots. City officials revoked Zapata’s access to city offices and computer systems when they learned of her actions, Johnson said at the time.
Zapata still being paid by the city despite being removed from position
She remains on the city payroll on paid administrative leave from a lower-level position because of protections that apply to most public sector workers.
The lower annual salary at which Zapata is currently being paid is $68,913 while a disciplinary investigation is underway, according to the city Department of Employee Relations.
That investigation could be completed early next week, DER spokeswoman Angelica Duria told the Journal Sentinel in an email.
If the city decides to fire Zapata after that investigation, she would be able to appeal to the City Service Commission. If the commission upholds the decision to fire her, she would be fully removed from city employment.
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This article originally appeared on Milwaukee Journal Sentinel: Michael Gableman-linked law firm represents Kimberly Zapata in court
