Wisconsin Judge Finds Paper-Only Absentee Ballots Discriminate Against Disabled Voters

While the decision affirms that the current system violates the Americans with Disabilities Act, Mitchell stopped short of ordering the state to provide electronic absentee ballots, noting that the parties have not resolved whether such a remedy is reasonable.

Washington Examiner

Disability Rights Wisconsin, the League of Women Voters, and four disabled voters filed the lawsuit in 2024, arguing that the lack of an electronic option infringes on independence and privacy protections. Earlier that year Mitchell issued a temporary injunction directing the state to offer electronic ballots to voters who self-certify an inability to read or mark a paper ballot without help. An appeals court later reversed that injunction, finding it would “significantly disrupt the status quo” and sent the case back to the trial court. The present ruling revisits the core discrimination claim without imposing an immediate remedy.

Wisconsin judge rules that paper absentee ballots violate rights of certain disabled people Washington Examiner

• Judge Mitchell: Emphasized that the discrimination claim is established but highlighted unresolved questions about feasibility, implementation challenges, and security risks of electronic voting.

Wisconsin judge rules that paper absentee ballots violate rights of certain disabled people

• Wisconsin Elections Commission: Spokespeople did not return requests for comment on the ruling.

Wisconsin judge rules that paper absentee ballots violate rights of certain disabled people

• Wisconsin Department of Justice (representing the commission): Also declined to comment.

Wisconsin judge rules that paper absentee ballots violate rights of certain disabled people

• State Legislature: The Republican-controlled body is opposing the plaintiffs’ effort to mandate electronic absentee voting.

Washington Examiner

The court has scheduled a hearing in August to set a trial date on whether electronic absentee voting is a viable remedy. Because that proceeding is unlikely to conclude before the November midterm election, the existing paper-only system is expected to remain in place for the upcoming vote.

Washington Examiner

Neither the plaintiffs nor the Elections Commission provided estimates of how many disabled voters might request electronic absentee ballots if such an option were made available, leaving the scale of the issue unclear.

Washington Examiner