Waukesha alderman stalking investigation, new details uncovered

WAUKESHA, Wis. - An unsealed search warrant reveals new information about a Waukesha alderman accused of stalking his ex-girlfriend.

And there's another detail that could impact Cory Payne’s reelection.

Initial investigation

The backstory:

Alderman Cory Payne hasn’t been charged with any crime, but he was arrested last week for stalking. Detectives with the Waukesha County Sheriff’s Department got a search warrant last Thursday (Feb. 20) to look at Payne’s cell phone.

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Investigators say Cory Payne used his phone to "send numerous text messages, some of which were lewd and profane" to his ex-girlfriend.

In the report, detectives go on to say Payne "knew where [she] was despite the victim not relaying that information to [him]."

Texts and calls

What they're saying:

FOX6 is not identifying the woman, but she told police she’s been in an "on again/off again" relationship with Payne for six years.

Even though the relationship ended a month ago, "at least every other day since the breakup," the woman says Payne kept calling and texting her "against her wishes."

In one text exchange, the woman wrote, "I had enough. Please respect that I am with someone and you need to move on."

Investigators say Payne replied, "Ok, but I’ll always want you to (expletive) me baby."

Detectives say Payne sent her flowers, made at least seven more calls and sent 15 additional text messages that went unanswered. Many of them are too graphic for television.

New details about Payne's residency

Why you should care:

No one answered the door when FOX6 stopped by Payne’s apartment on Monday, Feb. 24.

Payne also didn’t show up to last week’s city council meeting.

In a redacted report released by the sheriff’s department, the victim told deputies Payne had been staying at her place for "many months at a time."  The woman noted her place is outside of Payne’s aldermanic district.

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FOX6 reporter Bret Lemoine previously questioned Payne, "Do you want to say anything to your constituents? Apologize to them at all?"

Payne responded to the question with, "I love Waukesha."

This isn’t Payne’s first run-in with the law. In 2023, he was sentenced to probation after prosecutors say he slapped a child.

Payne is up for reelection in April.  A city spokeswoman tells FOX6 Payne previously filed paperwork to seek another term.

Waukesha City Council residency requirements

Dig deeper:

When deciding to run for office, candidates sign paperwork providing their address. It is the responsibility of the candidates and elected officials to know and follow the law regarding residency.

Below are the residency requirements, as provided by the Waukesha city attorney (citations are to Wisconsin Statutes):

• Council members must be residents of the district in which they are elected, as of the time they are elected. §62.09(2)(a).
• Council members must remain residents of the district in which they are elected. If they cease to be a resident of their district, their office becomes vacant. §17.03(4)(c).
• To be a "resident," a person has to base the majority of his or her life there. Residency is comprised of a number of factors, but it boils down to where you live, in the common, everyday understanding of that term.
• Having more than one dwelling does not disqualify you from being a member of the Council. You can have a cottage up north, or a condo in Florida. What’s important is that the dwelling in your district has to be the place where you actually base the majority of your life.

Relevant factors include:

• Where the person spends most of his or her non-working time.
• Where the person’s family spends most of their time.
• Where the person’s children attend school.
• Where the person is registered to vote.
• The address on the person’s driver’s license, bank accounts, tax returns, and vehicle registration.
• The relative amounts of time the person spends at multiple dwellings.
• The person’s intent to return to a location after a temporary relocation.

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