WAUSAU, Wis. (WFRV) – A special prosecutor review into Wausau Mayor Doug Diny’s removal of an official drop box in 2024 concluded that no charges will be filed.
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According to a release from Fond du Lac District Attorney Eric Toney, a Republican, the review was a bipartisan effort with former Door County District Attorney Joan Jorb, a Democrat.
Toney cited in a statement that while some wanted charges because of politics and others didn’t because of their political beliefs, the issue had to remain nonpartisan.
“The facts are the facts and the law is the law, no matter how badly someone may wish for a result, our duty is to follow the facts and the law, not politics or emotions,” Toney said via the release. “Partisan politics has no place in the justice system and we will not engage in lawfare.”
The incident occurred in September 2024, when Mayor Diny removed an unsecured “Official Drop Box” from outside Wausau City Hall. The reported intent was to secure the Drop Box to the ground and accept city payments, ballots and other materials in relation to Wausau.
At the time of removal, investigators say that the Drop Box was sealed shut with nothing inside and that it had remained sealed until it was brought into City Hall. It was initially removed on September 20, but returned and secured to the ground on September 30.
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The conclusion of the review was as follows:
“No provisions of Wis. Stat. Wis. Stat. §12.13(3)(L) can be proven beyond a reasonable doubt because the statutory definition of a “ballot box” does not fit this “Official Drop Box” and there were no ballots in the “Drop Box” when it was seized.
Additionally, because the “Drop Box” intended to have ballots comingled with materials for any City of Wausau department inside the box, we do not believe the State could prove misconduct in public office or any other crime beyond a reasonable doubt.
As a result of this bipartisan review, which was based on the available law and facts, we do not believe any charges can be proven beyond a reasonable doubt and decline to issue any charges. Based on this decision, there is no need for any evidentiary items to be held related to this investigation.
We recommend that if a “ballot drop box” is used by a municipality, they should do their best to comply with the WEC best practices for “ballot drop boxes.” We also recommend that the Governor and legislature work together for uniformity across Wisconsin and to add protections for “ballot drop boxes.”
Fond du Lac District Attorney Eric Toney
The release coincided with a separate bipartisan special prosecutor investigation into Green Bay Mayor Eric Genrich’s directive to place recording devices in City Hall in 2021 and 2022.
