No Charges for Wisconsin Mayor Who Removed Ballot Drop Box in 2024

A special prosecutor announced on Tuesday that no criminal charges will be filed against Doug Diny, the mayor of Wausau, Wisconsin, for his removal of a city ballot drop box in 2024, citing insufficient evidence to prove a violation of state law. The decision concludes a review of an incident that had drawn scrutiny over the handling of election infrastructure in the politically sensitive period before the 2024 presidential election. The review was initiated after Diny, a Republican, ordered the removal of a 24-hour absentee ballot drop box located outside Wausau City Hall in early 2024. The action sparked immediate controversy, with critics, including local Democratic officials and voting rights advocates, alleging it was a politically motivated attempt to suppress voter access. They argued the removal violated Wisconsin election statutes concerning the custody of voting materials and potentially disenfranchised voters relying on the drop box for convenience. The special prosecutor, appointed to avoid a conflict of interest with the local district attorney's office, examined whether Diny's directive constituted official misconduct or violated specific election laws. In the detailed findings, the prosecutor stated that while the removal was 'ill-advised' and created public confusion, the evidence did not meet the high legal threshold required for a criminal charge. The report noted ambiguity in the state's election code regarding municipal authority over drop box placement and a lack of clear, contemporaneous evidence proving criminal intent. The decision underscores the complex legal and political landscape surrounding election administration in Wisconsin, a perennial battleground state where procedures like ballot drop boxes have been the subject of intense litigation and partisan debate since the 2020 election. Mayor Diny has maintained that his decision was based on concerns over security and a desire for uniformity in ballot collection, aligning with guidance from the Wisconsin Elections Commission. The resolution, while absolving Diny of criminal liability, is unlikely to settle the broader political dispute over voting access methods in the state, with legislative battles over drop boxes expected to continue.