Search warrant: Officers searched cellphones and computers as part of an investigation into the Wausau mayor’s mailbox removal

According to a copy of the search warrant obtained by WisPolitics, the state Department of Justice was looking for cellphones, computers and other devices as it investigated the mayor of Wausau for possible voter fraud after he removed an absentee ballot box from the front of City Hall.

In the warrant, a Justice Department special agent wrote of evidence that “the drop box discussion” began before Doug Diny was sworn in as mayor on April 16. Because of this, the agent requested permission to search for evidence dating back to April 1, the day before Diny defeated incumbent Mayor Katie Rosenberg.

Diny told WisPolitics in a phone interview Wednesday that he believes the case is “99.9% political” after defeating Rosenberg, whom he described as “close” with AG Josh Kaul and Gov. Tony Evers. He also questioned why the DOJ sought information starting in April, when a 2022 Supreme Court ruling banning its use was still in effect.

That decision was overturned this summer, allowing local employees to use it again.

“On its face, it is absurd that one could think in April what the Supreme Court would do in July,” he said.

A spokesman for the state Department of Corrections did not immediately return a call seeking comment.

Diny removed the unused mailbox from the front of City Hall in September and took photos of him wearing a hard hat while rolling it away. At this point, the box was locked and there were no ballots inside. City workers hadn’t yet bolted it to the ground.

Afterward, Wausau officials complained that the mayor did not have the authority to move the box, and the Marathon County district attorney asked the state Department of Justice to investigate.

The seven-page search warrant, signed by an Eau Claire County judge, also showed that the Justice Department is investigating Diny for possible voter fraud related to a declaration prohibiting anyone from tampering with a “ballot box.” The law includes a ban on hiding, withholding or destroying ballot boxes and reducing the number of ballots that are lawfully deposited in a ballot box.

Legal observers have wondered what charges Diny could face for his actions since mailboxes are not specifically addressed in state law.

The warrant was signed Oct. 16, and Diny said it was executed that day when DOJ agents came to both his city office and his home, where his wife was babysitting their grandson.

The warrant demanded a number of items from Diny and his wife, including:

• personal cell phones and digital devices;
• Electronic devices such as computers, hardware, digital recorders and digital cameras;
• Routers, modems and network devices for connecting to the Internet;
• Images, photos, videos or other records showing evidence of communications related to the City’s official mailbox.