Wisconsin judge rules paper absentee ballots discriminate against disabled voters

Dane County Circuit Judge Everett Mitchell ruled Tuesday that Wisconsin's current absentee voting system, which relies on paper ballots, discriminates against disabled voters. The judge found that the system denies disabled individuals "the equal opportunity to vote absentee privately and independently." The lawsuit, filed in 2024 by Disability Rights Wisconsin, the League of Women Voters, and four disabled voters, argued that the absence of an electronic absentee ballot option violates their rights to independence and privacy, as well as protections under the Americans with Disabilities Act.

While siding with the plaintiffs on the discriminatory nature of the paper ballot system, Judge Mitchell stopped short of ordering election officials to provide electronic absentee ballots. He noted that the parties still dispute whether electronic voting is a reasonable remedy and acknowledged potential difficulties and risks associated with implementing such a system. The Republican-controlled Legislature is opposing the lawsuit. A previous temporary injunction that would have allowed electronic voting was overturned by an appeals court.

A hearing is scheduled for August 12, where a trial date for the electronic voting issue may be set. Neither the plaintiffs nor the Wisconsin Elections Commission provided estimates on how many disabled voters might request electronic ballots if made available.