Special Prosecutor Clears Wausau Mayor in Drop Box Case

A special prosecutor announced Wednesday that Wausau Mayor Doug Diny will not face criminal charges for removing a locked ballot drop box from outside City Hall in September 2024, ahead of the presidential election.

The incident occurred on September 22, when Diny, wearing a hard hat and work gloves, personally carted away the empty receptacle intended for absentee ballots. City workers had not yet unlocked the box, though voters had begun receiving their absentee ballots by mail, according to City Clerk Kaitlyn Bernarde. Diny returned the box a week later after Bernarde questioned the action's impact on election integrity. At the time, Diny stated he acted out of security concerns, noting the box had not been bolted to the ground and could have been vulnerable to theft. He also expressed disagreement with the clerk over authority to install the device.

Fond du Lac County District Attorney Eric Toney, serving as special prosecutor, concluded after a review that insufficient evidence existed to prove any crime beyond a reasonable doubt. The investigation, conducted with input from former Door County District Attorney Joan Korb and Assistant District Attorney Kennedy Cutts,...