Kimberly Zapata ballot fraud case; testimony day 2 complete

MILWAUKEE - Day two of testimony in the Kimberly Zapata trial is in the record books. Zapata is the fired Milwaukee Election Commission deputy director accused of illegally requesting military ballots and sending them to the home of State Rep. Janel Brandtjen (R-Menomonee Falls). 

Late on Tuesday, March 19, we learned Zapata will not testify in her own defense.

If you vote, legal experts say it is time to take note. 

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"Our sense of democratic integrity that is being eroded in this country," said Ion Meyn, Associate Professor of law at UW-Madison.

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

Kimberly Zapata

"I wanted to make a point of how there is fraud out there – there is actual holes of things that are happening," Zapata is heard saying in a recording. 

That audio was played to the jury Tuesday. The state said Zapata misused her position to commit fraud. 

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Claire Woodall, the Milwaukee Election Commission executive director, testified that in 2022, they received about 300 military absentee ballots – approximately five to seven of those were fraudulent. 

"She was very adamant about following those procedures and making sure someone wasn’t unintentionally registered as a military voter," Woodall said. 

Claire Woodall

In Wisconsin, military voters do not have to show a photo ID to receive an absentee ballot. 

Court documents say clerks sent three ballots to the home of State Rep. Janel Brandtjen – who then reported them to the authorities. 

"I thought this would redirect her focus on conspiracy theories to something that is actually real," Zapata was heard saying on an audio recording. 

Kimberly Zapata

Criminal Justice Attorney Julius Kim said voters should keep an eye on the verdict to ensure trust in the election system.

"If there is any type of tampering with the election system that it’s going to be prosecuted vigorously," Kim said. 

Closing arguments are expected to take place on Wednesday, March 20.

Reaction

State Representative Janel Brandtjen

"Until days before the 2022 election, I had never met or known Kim Zapata. Her case highlights a critical flaw in the online WisVote system, which allows individuals under indefinite confinement, overseas, or with military status to request and receive ballots without sufficient security measures. Moreover, the system permits ballot requests using a VPN, making it difficult to trace the origin of the requests. If Ms. Zapata had wished to raise concerns about the election process, she could have done so anonymously by contacting appropriate authorities rather than jeopardizing her job and reputation.

"I cannot speak to Kim Zapata's intent as I have never spoken with her. However, I reported the issue to the Waukesha Sheriff's Department, requesting an investigation into those who requested the ballots, particularly since one had my last name attached. Regrettably, neither the Wisconsin Elections Commission nor any investigators have contacted me regarding this matter.

"Had Kim Zapata used a VPN and remained anonymous, I would have been suspected of creating my own ballot requests, a situation I could not have easily disproved.

"It is concerning that neither the legislature, the Governor, nor the Republican and Democratic parties have addressed the lack of confirmation for military ballot requests, as mandated by law. The online WisVote system allows individuals to request and send certain types of ballots without verified identities."