FORT SCOTT, Kan. — District 5 County Commissioner Mika Milburn-Kee has entered a plea of not guilty to two criminal misdemeanor charges following an investigation by the Kansas Attorney General’s Office into her conduct during the 2025 early voting period.
The charges, filed on March 24, include one count of interference with the conduct of public business in a public building and one count of disorderly election conduct. The allegations stem from an October 25, 2025 incident at the Bourbon County courthouse commission room, which was being used as a polling site.
The incident occurred amid ongoing disputes between County Clerk Susan Walker and the commission, conflicts that have continued in the months since. Records show disagreements over the outsourcing of services formerly handled by the clerk's office, procedural matters such as the auditing of meeting minutes, and allegations by Walker that the commission violated the Kansas Open Meetings Act.
Eleven days before the incident, Walker formally notified the commission of the early voting schedule and her intended use of the commission room. At the Oct. 14 meeting, Walker explained that voting booths would move to the hallway due to the removal of cabinets.
"They usually were set up in this room, but since we do not have cabinets out here anymore, we'll set them up in the hallway," Walker said. Walker also requested the use of the commission room for early voting.
"In addition, [I'm asking for] allowance for the election workers to use the commission room to validate voters for early voting," Walker said.
During the discussion with the commission, Walker specifically noted that early voting hours would include Saturday, Oct. 25, from 8:00 a.m. to noon.
“And then on Saturday, 10/25 and 11/1, we will run from 8:00 to noon.” Walker said.
The commission (Milburn-Kee, David Beerbower, and Samuel Tran) made no objections to Walker’s requests, and requested that Walker submit a work order to Public Works for assistance with moving equipment.
The discussion referenced above between the Commission and the Clerk can be viewed here - the discussion begins at approximately 3:47:19
SURVEILLANCE FOOTAGE SHOWS DETAILS OF INCIDENT
Milburn-Kee, who was a candidate on the ballot at the time of the Oct. 25 incident, is accused in court documents of refusing to leave a restricted area despite warnings from election officials.
According to Bourbon County Clerk Susan Walker, the Attorney General’s office will not allow copies of the surveillance video of the incident to be made, but are allowing it to be viewed by appointment at the courthouse.
The Bourbon County Monitor has reviewed the video twice and can report the following observations:
Approximately 9:36 AM - Milburn-Kee enters the Commission room through the northwest entrance, and sits at the far north end of the commission table, directly next to a stack of white documents (alleged to be provisional and spoiled ballots in court documents). Deputy Clerk Amber Page can be seen at the south end of the table, and appears to take a ballot from a file box and give it to someone off-screen in the hallway.
What appears to be a black machine with a touchscreen and headphones (identified by the County Clerk as an ADA accessible voting machine) can be seen by the south wall of the room.
Approximately 9:38 AM - County Clerk Susan Walker enters the room and informs Milburn-Kee that she can’t be in the room because she is on the ballot. Milburn responds, and Walker can be seen pointing to the vacant office in the north corner of the room.
Approximately 9:39 AM - Inaudible discussion between Milburn-Kee and Walker continues, and Walker can again be seen pointing to the vacant office in the north corner of the room. Walker then leaves the room.
Approximately 9:41 AM - Milburn-Kee can be seen waving to (presumably) someone in the hallway off-camera.
Approximately 9:47 AM - Milburn-Kee speaks to someone off-screen, and Walker reiterates in a louder tone that Milburn-Kee cannot be in the room due the records being held there, and that she will contact law enforcement if necessary. Milburn-Kee and Walker continue to speak to each other in an elevated tone.
Approximately 9:51 AM - Milburn-Kee enters the vacant office in the north corner of the room and closes the door.
In a court filing dated April 15, defense attorneys Tricia A. Bath and Thomas J. Bath Jr. of the law firm Bath & Edmonds P.A. in Leawood, Kan., requested a jury trial on behalf of the Milburn-Kee.
"Ms. Milburn-Kee is desirous of moving this case forward to allow matters to be addressed in a public forum," the defense team said in the filing.
A first appearance hearing before Senior Judge Merlin Wheeler has been set for April 29 at 2:00 PM.
If convicted of the interference charge—a Class A misdemeanor—Milburn-Kee could face up to 12 months in the Bourbon County Jail and a fine of up to $2,500. The Class B disorderly election conduct charge carries a maximum penalty of six months in jail and a $1,000 fine. A copy of Milburn-Kee's formal pleas of not guilty can be found below.
