Wisconsin Special Prosecutor Declines Criminal Charges for Wausau Mayor Who Removed Absentee Drop Box Before 2024 Election
Fond du Lac County District Attorney Eric Toney, serving as special prosecutor, announced he will not bring criminal charges against Wausau Mayor Diny for removing an absentee drop box ahead of the 2024 election. Toney concluded the receptacle was a multi‑purpose, sealed drop box that did not legally qualify as a "ballot box" and contained no ballots, findings echoed by the Wisconsin DOJ, though the Wausau ethics board had earlier ruled in October 2024 that Diny violated the city’s ethics policy.
📌 Key Facts
- Fond du Lac County District Attorney Eric Toney was appointed special prosecutor and concluded there was no basis for criminal charges against the Wausau mayor who removed an absentee drop box before the 2024 election (decision reported April 9, 2026).
- Toney determined the removed receptacle did not legally qualify as a "ballot box" under Wisconsin law because it was a multi‑purpose drop box used for city payments and other materials.
- Toney emphasized that Wisconsin law criminalizes breaking open a ballot box or tampering with ballots, but the box removed by Mayor Diny was sealed and contained no ballots at the time.
- The Wisconsin Department of Justice independently found no basis for criminal charges, aligning with Toney’s conclusion.
- Separately, the Wausau ethics board had ruled in October 2024 that Mayor Diny violated the city’s ethics policy in connection with the incident.
📊 Relevant Data
In 2024, Marathon County, Wisconsin, where Wausau is located, voted 58% for Donald Trump and 40% for Kamala Harris in the presidential election, with a voter turnout of 95%.
Election Results for Marathon County — WXCO - Wausau
As of 2024, the population of Wausau, Wisconsin, is approximately 40,262, with a racial composition of 79.44% White, 10.42% Asian, 3.27% other races, and smaller percentages for Black (1.39%), Native American (0.45%), and two or more races (4.94%).
Wausau, Wisconsin Population 2026 — World Population Review
In 2024, there were 687,200 eligible voters with disabilities in Wisconsin, representing 15.2% of the state's total eligible voters.
Projecting the Number of Eligible Voters with Disabilities in the November 2024 U.S. Elections — Rutgers University School of Management and Labor Relations
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- Fond du Lac County District Attorney Eric Toney, appointed as special prosecutor, concluded that the removed receptacle did not legally qualify as a 'ballot box' under Wisconsin law because it was a multi‑purpose drop box used for city payments and other materials.
- Toney emphasized that state law criminalizes breaking open a ballot box or tampering with ballots, but the box Diny moved was sealed and contained no ballots at the time.
- The article notes that both the Wisconsin Department of Justice and Toney independently found no basis for criminal charges, and that the Wausau ethics board had already ruled in October 2024 that Diny violated the city’s ethics policy.