Fond du Lac County’s District Attorney will not seek charges against two Wisconsin mayors for different cases.
DA Eric Toney explained that no charges will be issued against Green Bay Mayor Eric Genrich for the installation of audio recording devices at City Hall, or against Wausau Mayor Doug Diny, who was seen removing an unsecured “Official Drop Box” in front of their City Hall before the 2024 General Election.
In Genrich’s case, Toney says the audio devices were installed with the consent of the city’s attorney.
Also, none of the audio reviewed with video showed “any type of conversations that indicated an expectation of privacy based on the public space and notice to the City of Green Bay employees that those spaces were being recorded.”
Examples of expectations of privacy include moving away from doors or windows, moving away from others in the hallway, speaking softly, or looking around to make sure no one is around.
The DA finishes by saying they don’t believe the state could prove a violation beyond a reasonable doubt for Genrich or any other city employees based on the removal of audio recording devices and a review of the available evidence and audio recordings.
In Doug Diny’s case, the drop box was placed outside Wausau City Hall and not secured to the ground. Diny removed it two days later and brought it into his office.
Wausau City Clerk Kaitlyn Bernarde then filed a report of “election irregularity” and requested that the box be returned.
Toney says the “Drop Box” does not fit the statutory definition of a “ballot box,” which would be used to collect absentee ballots.
Also, the drop box was sealed off, but not secured to the ground, which caused the issue.
Toney finished saying that they believe a charge for misconduct in office could not have been proven in a court of law.
