A state legislative aide pleaded guilty Tuesday to election fraud for allegedly voting in the wrong district in 2010 and was placed in a first-offenders program.

Under a plea agreement, another count of election fraud against Marcie R. Malszycki, 33, involving a vote allegedly cast in the wrong district in 2008, was dismissed.

Malszycki, an aide to state Rep. Warren Petryk, a Republican from Eleva, was charged in January with voting in Onalaska, where she temporarily lived while doing campaign work, instead of her home address in Madison.

Under the first-offenders disposition, the election fraud charge to which Malszycki pleaded guilty would be dismissed if she meets all of the requirements set out in a contract. If she fails, however, she would be convicted of the charge and she could face to up to 3½ years of combined prison and extended supervision.

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The investigation of the matter by Onalaska police began in 2011 but charges were not issued until Jan. 27.

According to a criminal complaint, it began after Malszycki wrote on Facebook in November 2010 that she had voted for the Republican slate of candidates and that she was soon headed home to Madison. An exchange that followed about where she voted was forwarded to police.

Malszycki told police that she had been living with her parents in Onalaska while doing campaign work and thought she had done nothing wrong by voting there.

Capital W: Plug in to Wisconsin politics

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