The Kansas Attorney General’s office has asked Senior Judge Merlin G. Wheeler (the senior judge assigned to the case by the Kansas Supreme Court) for permission to add a felony charge against County Commissioner Mika Milburn-Kee, days before her jury trial is set to begin.

In a motion filed June 25, Assistant Attorney General Olivia R. Higdon asked to add a third count, Intimidation of Voters, a severity level 7 nonperson felony under K.S.A. 25-2415. Milburn-Kee has until now faced only two misdemeanors, both stemming from an Oct. 25, 2025 incident captured on video, when the county commission room was being used as an early-voting polling place.

The stakes rise sharply if the felony is added. A severity level 7 felony can carry a prison term of roughly 11 to 34 months, depending on criminal history, plus a fine of up to $100,000. By comparison, the Class A misdemeanor carries up to one year in county jail and a $2,500 fine, and the Class B misdemeanor up to six months and a $1,000 fine.

The State argues no new facts are alleged, noting that its original probable-cause affidavit already referenced voter intimidation and that it told the defense during plea talks it was weighing the charge. The motion was one of several filings the State made June 25 ahead of the pretrial hearing on June 26, and the judge has not ruled.

If the amendment is granted, what has been a two-misdemeanor case headed to a jury becomes a felony prosecution. A three-day jury trial is set for July 6 through 8. Milburn-Kee is presumed innocent unless and until a jury decides otherwise.