On October 25th, 2025, early voting was taking place at the Bourbon County Courthouse. The hallway outside the commission meeting room held voting booths, and the commission meeting on the North side of the hallway was being used as an area to validate voters and deal with provisional ballots. The use of the areas was described in a memo written by the Clerk on October 10th and discussed at the October 14th commission meeting.

The charges by the Kansas Attorney General against Commissioner Milburn-Key cite an October 25th incident that led to the two counts. The following is a summary of the contents of a video from the security camera in the commission room on that date, and is likely the incident in question. The Kansas Attorney General’s office gave FortScott.biz permission to view the video, but did not provide the actual file. A narrative of the video contents follows:

At 9:37 am, Commissioner Mika Milburn enters the commission meeting room, sits at her usual spot at the table, and takes out a newspaper. County Clerk Susan Walker enters at 9:38, and they converse. The conversation is hard to hear, but it is clear that Walker is telling Milburn that, under election law, people aren’t allowed in the commission room while it is being used as a polling place. Milburn appears to object

Milburn remains at the table and continues to read the newspaper after Walker leaves. To Milburn’s immediate right are a stack of provisional ballots that have been cast, but won’t be counted until they are verified.

Sounds of people coming in to vote can be heard on the recording. Milburn is sitting on the North side of the table, facing South toward the open door that opens into the hallway where people are coming in to vote.

At 9:40 Milburn unrolls her laptop charger, plugs it into the wall behind her and continues reading the newspaper. She uses a remote to adjust the TV at the back of the room.

At 9:41, someone enters the hallway, apparently to get their ballot, and Milburn waves and greets them through the open doorway.

Around 9:48, Walker returns and reiterates that election laws do not allow Milburn to be in the polling areas. Commissioner Milburn objects, saying that this is her office and that it won’t take her long to prep things. Walker says that she does not make the law, but she will call the police if necessary. This all happened right around 9:49.

The exact wording is hard to hear, but Milburn seems to be saying that her prep work won’t take very long. Walker gestures to the office 4 or 5 feet behind Milburn and asks her to move into that room. She offers to help her move her things into that office, where she can continue to work.

At 9:50 Milburn asks how long this is going to go on and how long she will not be able to use the commission room as her office. The clerk says the area will be used for voting while the elections are ongoing, and the discussion continues for a bit with Milburn saying that she needs to be in there to do her work.

Walker reiterates that she is asking Milburn to please leave the room, but Milburn says that it is unreasonable. Walker suggests it is not unreasonable.  At 9:51 Milburn takes her stuff into the adjoining room, comes back and gets her bag, and then mostly closes the door.