A journal entry filed May 4, 2026 in the Bourbon County District Court sets a three-day jury trial beginning July 6, 2026 at 9:00 AM in the criminal case against Bourbon County Commissioner Mika Milburn-Kee. A pre-trial conference is scheduled for June 26, 2026 at 10:00 AM, and proposed special jury questionnaires are due by June 5, 2026.
The Charges
The Kansas Attorney General’s office filed a two-count misdemeanor complaint against Milburn-Kee on March 24, 2026, stemming from an incident on October 25, 2025 when early voting was taking place at the Bourbon County Courthouse.
Count One charges her with interference with the conduct of public business in a public building (K.S.A. 21-5922(a)(5)), a Class A nonperson misdemeanor carrying up to 12 months confinement and a fine of up to $2,500. Count Two charges her with disorderly election conduct (K.S.A. 25-2413(c)), a Class B nonperson misdemeanor carrying up to 6 months confinement and a fine of up to $1,000. Under K.S.A. 25-2432, a conviction on Count Two would require Milburn-Kee to forfeit her public office.
The Alleged Incident
Security camera footage reviewed by FortScott.biz shows that on October 25, 2025, Milburn-Kee entered the commission meeting room at 9:37 AM and sat at her usual seat while early voting was underway. The commission room was being used that day to validate voters and handle provisional ballots. County Clerk Susan Walker told Milburn-Kee twice that election law did not permit her to be in the polling area. To Milburn-Kee’s immediate right was a stack of what County Clerk Walker identified as unverified provisional ballots. At 9:41 AM, Milburn-Kee waved and greeted someone coming into the building to vote. Milburn-Kee moved to an adjoining office at approximately 9:51 AM, roughly twelve minutes after first being told to leave.
The case is being prosecuted by Olivia R. Higdon, Assistant Attorney General in the Criminal Division’s Economic Crimes unit, on behalf of Attorney General Kris W. Kobach — not by the local county attorney. The State has listed 15 witnesses.
Arrest and Court Proceedings
On April 29, 2026, Milburn-Kee was booked into the Bourbon County Jail at 4:19 PM on the two charges and released on her own recognizance at 4:48 PM, with a court-ordered bond of $0, according to the Bourbon County Sheriff’s Office daily report for April 30. Previously on that same day, a first appearance was held via Zoom before the Honorable Merlin Wheeler. A written arraignment and not guilty plea had been submitted to the court on April 15, 2026, prior to the first appearance.
Milburn-Kee is represented by attorneys Tricia Bath and Thomas Bath of Bath & Edmonds PA in Leawood, Kansas. The court also ordered that she be permitted to contact County Clerk Susan Walker for purposes of county business conducted in open sessions.
Prior Precedent
FortScott.biz has previously examined similar Kansas cases prosecuted under the same statutes. Every comparable Kansas case found ended in the defendant admitting guilt through a plea or diversion. No case could be found that went to a jury verdict. There also was not found a case where the forfeiture-of-office provision (K.S.A. 25-2432) was invoked.
Note: Since there is not a way to search by charge and the Attorney General may not be inclined to issue press releases about cases they lost, the analysis should be taken with the caveat that not finding a case is not the same as proving that no such cases exist.
FortScott.biz will continue to follow the case as it develops.
Source Document: Journal Entry of First Appearance — State of Kansas vs. Mika Milburn-Kee (PDF)
Being charged with a crime is not the same as being found guilty. The defendant is presumed innocent and has the right to contest the charges through the court system.