Ballot fraud case: Kimberly Zapata sentenced to probation, fined

Ballot fraud case: Kimberly Zapata sentenced

Kimberly Zapata, found guilty in March in a ballot fraud case, was sentenced on Thursday to one year of probation and fined $3,000.

MILWAUKEE - Kimberly Zapata, found guilty in March in a ballot fraud case, was sentenced on Thursday to one year of probation and fined $3,000.

The fired Milwaukee Election Commission deputy director was accused in 2022 of illegally requesting military ballots and sending them to the home of State Rep. Janel Brandtjen (R-Menomonee Falls).

"I deeply regret my actions and take full responsibility for them," Zapata said during Thursday's hearing. "I now recognize my actions did not match my best intentions."

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A jury convicted Zapata, 47, of felony misconduct in office and three misdemeanor counts of election fraud. As part of her sentence, the judge also ordered Zapata to complete 120 hours of community service.

At trial, the prosecution said Zapata used her position with the city's Election Commission to commit fraud – while her defense attorney said she just wanted to expose loopholes in the election system. Zapata did not testify in her own defense.

Zapata addresses court before sentencing

Kimberly Zapata, the former Milwaukee Election Commission employee convicted in a ballot fraud case, spoke in court before her sentencing on May 2.

Prosecutors said, in 2022, Zapata ordered military ballots using names she made up. She told investigators she was trying to prove there is fraud in the election system, and she never intended the ballots to be processed.

In Wisconsin, military voters do not have to show a photo ID to receive an absentee ballot. Claire Woodall, the Milwaukee Election Commission's executive director, testified that, in 2022, they received about 300 military absentee ballots; approximately five to seven of those were fraudulent.

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Court documents said clerks sent three ballots to the Brandtjen's home. The lawmaker then reported them to the authorities.

In her statement to the judge prior to sentencing, Zapata referenced an autism diagnosis.

Military ballots delivered to Brandtjen's home

"When I am stressed, I have difficulty regulating my emotions, sensory input and thought process," she said.

Judge Kori Ashley said there were other ways to rectify the issue: "It was absolutely a lapse of judgment, and I just want to be clear: I do not see this as a whistleblower situation, and neither did the jury."

FOX6 spoke to Zapata's attorney after the sentence was handed down. He said they plan to appeal it.