Wisconsin Mayor Avoids Charges for Removing Ballot Drop Box

Wausau mayor faced ethics violation but no criminal charges for 2024 incident

Apr. 9, 2026 at 3:18am

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A serene, photorealistic painting of a lone ballot drop box on a city street, with warm sunlight casting deep shadows across the scene, conveying a sense of quiet contemplation around the political controversy.The removal of a ballot drop box by a Wisconsin mayor ahead of the 2024 election exposed the ongoing tensions over voting procedures in swing states.Madison Today

A Wisconsin mayor who removed a ballot drop box outside City Hall before the 2024 election will not face criminal charges, a special prosecutor announced. Wausau Mayor Doug Diny said he took the box because it was not secured to the ground and could have been stolen, but the city's ethics board found he violated the local ethics policy. The state Justice Department and a Republican-led special prosecutor both declined to file charges, citing technicalities in state law around ballot boxes.

Why it matters

The incident became a flashpoint over the use of absentee ballot drop boxes in the swing state of Wisconsin, an issue that has sparked intense partisan debate around election integrity and voter access. The prosecutor's decision not to charge the mayor highlights the legal gray areas around these ballot receptacles and the ongoing political tensions around voting procedures.

The details

In September 2024, Wausau Mayor Doug Diny was photographed removing a ballot drop box from outside City Hall before any votes had been cast in that year's election. City election officials said voters had already started receiving their absentee ballots at that point. Diny said the box was not secured to the ground and could have been stolen, so he decided to move it inside City Hall for safekeeping. The city's ethics board later determined Diny had violated the local ethics policy, but a state investigation found no basis for criminal charges.

  • In September 2024, Diny removed the ballot drop box from outside Wausau City Hall.
  • A week later, Diny returned the drop box after the city's elections clerk raised concerns.
  • In October 2024, Wausau's ethics board determined Diny violated the city's ethics policy.
  • In 2026, a special prosecutor reviewed the case and declined to file any criminal charges.

The players

Doug Diny

The mayor of Wausau, Wisconsin, who removed a ballot drop box from outside City Hall before the 2024 election.

Kaitlyn Bernarde

The elections clerk for the city of Wausau who raised questions about Diny's removal of the ballot drop box.

Eric Toney

The Fond du Lac County District Attorney who acted as a special prosecutor and declined to file charges against Diny.

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What they’re saying

“Diny denied he did anything wrong, saying the box was not secured to the ground and that anyone could have stolen it so he decided to secure it in City Hall.”

— Doug Diny, Mayor of Wausau

“Toney said Wednesday he would not be able to prove any charges beyond a reasonable doubt. He noted that Wisconsin law prohibits breaking open a ballot box and tampering with ballots found in a ballot box, but the box Diny moved remained sealed and contained no ballots.”

— Eric Toney, Fond du Lac County District Attorney

What’s next

The decision not to charge Diny is likely to further inflame the debate over ballot drop boxes in Wisconsin, an issue that is expected to be a major focus in the 2026 state elections.

The takeaway

This case highlights the ongoing legal and political battles over voting procedures, particularly in swing states like Wisconsin, where both sides are closely scrutinizing any actions that could impact election integrity or voter access.