MADISON, Wis. — A Wisconsin mayor who physically hauled away an absentee ballot drop box prior to the 2024 election will not face criminal prosecution, a special prosecutor declared Wednesday.
Doug Diny, mayor of Wausau, was photographed sporting a hard hat and work gloves while personally removing the ballot collection container from in front of City Hall during September 2024. While city staff had not yet opened the box for use, absentee ballots had already been distributed to voters, city elections clerk Kaitlyn Bernarde reported.
The incident sparked heated debate about whether Wisconsin communities in this crucial swing state should permit absentee ballot collection boxes. Diny brought the container back one week afterward when Bernarde questioned the action’s impact on election security. The mayor maintained his innocence, explaining the container was not anchored to the ground and vulnerable to theft, prompting his decision to store it safely inside City Hall.
Wausau’s ethics board ruled in October 2024 that Diny had breached the city’s ethics standards. A Wisconsin Justice Department review concluded there were insufficient grounds for criminal charges.
While Wausau’s mayoral office is technically nonpartisan, Diny ran on a platform opposing absentee drop boxes and received Republican support during his campaign.
Eric Toney, the Fond du Lac County District Attorney who is a Republican challenging Democratic Attorney General Josh Kaul in the November 2026 race, conducted an additional investigation as special prosecutor. On Wednesday, Toney announced he could not establish any criminal charges beyond reasonable doubt. He explained that while Wisconsin statutes forbid breaking into ballot boxes and interfering with ballots inside them, the container Diny relocated stayed sealed and held no votes.
Toney further stated the drop box did not qualify as a ballot box under legal definitions because it was designed to collect various city materials, including both ballots and payments. He referenced the Wisconsin Elections Commission’s position that ballot boxes function within polling locations rather than for absentee ballot collection.
Diny has not responded to requests for comment regarding Toney’s findings.
