(The Center Square) – Wausau Mayor Doug Diny’s actions moving an outdoor ballot drop box have been referred to the Marathon County District Attorney and Wisconsin Elections Commission.
The matter has been referred for investigation and video of Diny’s removal of the ballot box is not being released, City Clerk Kaitlyn Bernarde said in a statement.
Bernarde said that the ballot drop box was locked and not in use but labeled “Official Drop Box” as of Friday. She said that, when staff went to secure the drop box to the ground on Monday, it was gone.
Diny reportedly wore a Department of Public Works jacket and hard hat and had his photo taken moving the box, later confirming to the Wausau Pilot & Review that he had moved the box and sharing a photo. Diny told the newspaper that he relocated the box to a safe indoor location until issues the clerk is aware of are addressed.
Drop boxes have become a hot issue in Wisconsin this election cycle with following a Wisconsin state Supreme Court ruling allowing their use but not requiring it.
“Here’s another wild fact: a drop box in downtown Wausau serves no purpose,” wrote attorney Dan Lennington of the Wisconsin Institute of Law and Liberty. “There are 7 USPS locations to drop ballots within just a few blocks. Absentee ballots can go in the mailbox. It’s the same, but you can move them around.”
Lennington shared a map of the U.S. Postal Service locations along with his comment.
Brookfield and New Berlin recently elected to not use drop boxes.
The court had blocked the use of ballot drop boxes after the 2020 presidential election. The difficulty after the recent ruling is for communities to maintain a ballot chain of custody and ensure that only the voter is dropping their own ballot in the drop box.
Proposals earlier this year from state Rep. Scott Krug, R-Rome, and state Sen. Dan Knodl, R-Germantown, would have required police officers or deputies be on hand when the ballots are collected along with video surveillance.
Dodge County Sheriff Dale Schmidt recently said that Dodge County does not use drop boxes because it did not have proper monitoring to ensure that only the voter was dropping a ballot.
Wausau City Council President Lisa Rasmussen told the Pilot that she requested the mayor issue a public apology and return the drop box.
