A Dane County Circuit Court judge ruled Tuesday that Wisconsin’s paper-only absentee voting system discriminates against disabled voters by denying them the ability to cast ballots privately and independently. Dane County Circuit Judge Everett Mitchell found that the state’s current absentee ballot program violates the Americans with Disabilities Act, but he did not order election officials to implement electronic absentee voting before the November midterm elections.
Key developments in the ruling
Mitchell’s decision stems from a lawsuit filed in 2024 by Disability Rights Wisconsin, the League of Women Voters, and four disabled voters, who argued that the lack of an electronic absentee voting option violated their right to independent and private voting. The judge determined that Wisconsin’s absentee ballot system denies disabled people the equal opportunity to vote absentee privately and independently. However, he declined to mandate electronic voting at this stage, citing unresolved disputes over feasibility, implementation challenges, and security risks. A trial on whether electronic absentee voting is a reasonable remedy is scheduled for August, making it unlikely any changes would take effect before the November election.
Legal back-and-forth over electronic voting
Mitchell previously issued a temporary injunction in 2024 directing the state to offer electronic absentee ballots to certain disabled voters. However, an appeals court overturned that order, stating the injunction would have “significantly disrupted the status quo.” The case was sent back to the lower court, where Mitchell reaffirmed his finding that the paper-only system violates disabled voters’ rights but deferred action on electronic voting pending further legal proceedings.
Current absentee voting process and exceptions
Wisconsin’s absentee voting system currently requires voters to complete and return ballots on paper. Under Mitchell’s earlier ruling, voters who self-certified that they could not read or mark a paper ballot without assistance were eligible to request an electronic ballot. The state already provides electronic absentee ballots to military and overseas voters, but these options are not available to disabled voters in Wisconsin.
Ongoing dispute over remedy and next steps
The parties in the lawsuit continue to dispute whether electronic absentee voting is a reasonable solution. Mitchell noted that questions remain about the difficulty of instituting such a program and the risks involved, including security concerns. The Republican-controlled Legislature has opposed the lawsuit, arguing against the imposition of electronic voting. A trial to determine whether electronic absentee voting should be implemented is expected in August, leaving the current system unchanged for the November election.