Wisconsin mayor who removed ballot drop boxes won't face charges

A special prosecutor announced on Wednesday that Doug Diny, the mayor of Wausau, Wisconsin, will not face criminal charges for removing the city's sole absentee ballot drop box from city hall in September 2024, a decision made ahead of the presidential election. The prosecutor, retired Kenosha County District Attorney Robert Zapf, was appointed to review the case after Marathon County's district attorney recused himself. Zapf concluded that there was insufficient evidence to prove beyond a reasonable doubt that Mayor Diny had violated any state law, specifically noting the absence of a statute that explicitly authorized or regulated the use of such drop boxes by municipalities. Mayor Diny, a Republican, has consistently defended his actions, stating he believed the drop box was illegal following a 2022 Wisconsin Supreme Court ruling that deemed unmanned ballot drop boxes unauthorized under existing state law. He argued that his removal of the box was a proactive measure to ensure the city's election procedures complied with the court's interpretation. The drop box had been installed outside Wausau City Hall prior to the 2020 election to facilitate voting during the COVID-19 pandemic, but its status became a point of legal and political contention after the state court's decision. The case highlights the ongoing and deeply polarized debate over election administration and voting access in Wisconsin, a critical battleground state. While Democrats and voting rights advocates have generally supported drop boxes as a secure and convenient voting method, many Republicans have questioned their legality, citing concerns over election integrity. The prosecutor's decision not to press charges effectively ends the legal scrutiny of Diny's individual action, but it does not resolve the broader, unresolved question at the state level regarding the permanent legal status of ballot drop boxes for future elections.