A defiant Wausau mayor stares down critics over ballot box investigation

Wausau Mayor Doug Diny fielded a mix of praise and condemnation Tuesday from members of the public over his decision to remove the city’s absentee ballot box, action that has resulted in a criminal investigation.

Dozens of demonstrators appeared outside City Hall before the City Council meeting, which included a last-minute shift to the agenda. Initially, the council was set to discuss use of the drop box, an issue that Council President Lisa Rasmussen said was out of the group’s purview. That agenda item was reworded prior to the meeting for the council to consider a $3,000 expenditure for security measures – an amount the mayor is allowed to approve without oversight.

Diny removed the city’s drop box on Sept. 22 without consulting with the clerk, who has the authority under a Wisconsin Supreme Court ruling to make one available. The mayor publicly criticized the clerk but has been on the receiving end of searing criticism from voting advocacy groups and some members of the public. Overall, reaction has been split.

At the start of Tuesday’s meeting, Diny attempted to explain his decision to change the agenda item, but was stopped by clearly aggravated council members who objected to his speech. Diny’s remarks were not on the agenda, which raised questions over legal requirements and prompted some council members to publicly deride him. Council President Rasmussen called the speech a “performance,” while Dist. 4 Alder Tom Neal offered scathing criticism before asking the city attorney to intervene.

City Attorney Anne Jacobson advised Diny, who said the Wisconsin Supreme Court “doesn’t make the law,” to move on. A clearly frustrated Diny was then seated and began calling speakers to the podium.

For more than an hour, speakers gave their views on Diny’s actions. Some praised him for removing the ballot box, while others called for his resignation and questioned his fitness to serve.

Rasmussen, in a statement to WSAU Radio, suggested the funding item was placed on the agenda purely for political purposes.

“The finance director advised the mayor he did not need council approval, there was funding and no modification to any budget was needed,” Rasmussen’s statement reads. “He knew that BEFORE he changed the items on the agenda in the 11th hour.”

Rasmussen said council members understood this and were unwilling to be placed in a position to operate beyond their authority.

“We should not be asked to decide issues that do not require our approval just to give him political cover,” Rasmussen said.

Ultimately, Diny’s proposal to purchase a security camera and floodlight for the drop box failed to garner even a motion from the council. The proposal, which would have required a two-thirds majority vote, is now dead. Diny appeared bewildered that the group declined to discuss an expenditure he is already legally authorized to make on his own.

“Seriously?” he said. “Wow. Let the record show that the council chose not to take the resolution up for dropbox security.”

Diny remains at the center of a criminal election tampering investigation due to his actions, which have made headlines nationwide.

On Tuesday, Marathon County District Attorney Theresa Wetzsteon issued a statement about the ongoing inquiry.

“Going forward, Wisconsin Department of Justice’s Division of Criminal Investigation will be serving as lead investigator on the case regarding the removal of the Absentee Ballot Box at Wausau City Hall,” her statement reads.

Diny has not yet responded to specific questions and requests for comment following Tuesday’s contentious meeting.