State DOJ Investigating Wausau Mayor’s Drop Box Removal
State law gives clerks rather than other officials authority to place or remove ballot drop boxes
A ballot drop box was returned to outside City Hall on Sept. 30, 2024 after it was removed a week earlier by the city’s mayor. Rob Mentzer/WPR
The state Department of Justice will take over an investigation into whether Wausau’s mayor broke the law when he removed a ballot drop box from outside City Hall.
Wausau Mayor Doug Diny removed the ballot drop box on Sept. 22 after he discovered the city’s clerk had placed the box outside of City Hall. The drop box was locked at the time and had not been secured; it did not contain any ballots.
Diny, who opposes the use of the drop box, told WPR he wanted to “take a little bit of stand” on the issue. He had himself photographed removing it, wearing a hard hat and gloves.
Wausau Mayor Doug Diny removes a ballot drop box from outside Wausau City Hall on Sept. 22, 2024. Photo obtained by WPR
Under a July ruling of the Wisconsin Supreme Court, municipal clerks have “broad statutory discretion” to administer local elections. Diny said he was informed by Wausau’s clerk that she had received a legal opinion from the city attorney stating that she, rather than the mayor or the city council, had authority to place the drop box. He took exception to that opinion and has called for legal review.
Amid intense focus on Wisconsin in the presidential election, the story went viral online and was picked up by national news outlets.
On Wednesday, a group of Wausau residents delivered a letter to a U.S. Attorney in Madison asking the federal Department of Justice to investigate.
Diny did not immediately respond to a request for comment on Thursday.
On Monday, the ballot drop box was returned to its position outside City Hall and secured. It is currently available to Wausau voters returning absentee ballots. The Wausau City Council will discuss a resolution “regarding city’s use of absentee drop boxes” at its next meeting on Tuesday evening.
State to investigate Wausau mayor’s removal of ballot drop box was originally published by Wisconsin Public Radio.
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