Rothschild man charged with election fraud after allegedly voting while on felony supervision

By Shereen Siewert | Wausau Pilot & Review

A Rothschild man is facing felony election fraud charges after prosecutors say he cast a ballot in the April 2025 election even though he was still serving a felony sentence and was not legally eligible to vote.

Kevin J. Benes, 47, was charged April 9 in Marathon County Circuit Court with voting by a disqualified person and providing false information to an election official. He is scheduled to make an initial appearance April 29 before Judge Rick Cveykus. Online court records show he was served with the complaint April 9.

According to the criminal complaint, Benes voted in the April 1, 2025, election in Rothschild while on extended supervision for a felony conviction. Wisconsin law bars people convicted of felonies from voting until they have completed every part of their sentence, including prison, probation, parole and extended supervision. Voting rights are restored only after the full sentence is finished.

Investigators say Benes registered to vote on election day and signed a form indicating he was not serving a sentence that included incarceration, probation, parole or extended supervision for a felony conviction.

According to the police report included with the complaint, Benes later told investigators he registered to vote without thinking about the felony issue until his fiancee said something to him. He allegedly said he believed his vote would be thrown out and would not count, and that he had never heard of anyone getting in trouble for doing that before.

The complaint also states the village later sent Benes a letter after being notified by the Wisconsin Elections Commission that he had been found ineligible to vote.

Investigators wrote that election workers typically would have had access to a list of Marathon County residents with felony convictions when assisting same-day voter registrations. The complaint does not make clear whether Benes’ name appeared on that document at the time he registered.

If convicted, Benes could face up to 3 years and 6 months in prison and a fine of up to $10,000 on each count.

Court records show Benes was convicted in Marathon County in March 2017 of fifth-offense operating while intoxicated and sentenced to two years in prison followed by three years of extended supervision. Wisconsin Department of Corrections records show he remains on active community supervision, with a discharge date of August 2028. Court records also show prior convictions in Oneida and Outagamie counties.

At the April 29 hearing, the court is expected to formally advise Benes of the charges and his rights, and set the case for further proceedings.