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Wisconsin judge finds absentee ballot system discriminates against disabled voters

Dane County Circuit Judge Everett Mitchell ruled that Wisconsin’s requirement that absentee voters use paper ballots violates the rights of disabled voters under the Americans with Disabilities Act. The decision follows a lawsuit filed in 2024 by Disability Rights Wisconsin, the League of Women Voters and four disabled voters who argue that the lack of an electronic absentee option denies them a private and independent way to vote.

Mitchell acknowledged the discrimination but stopped short of ordering election officials to provide electronic ballots, noting ongoing disputes over the feasibility and risks of such a program. A hearing is set for August 12 to schedule a trial on the issue, and the matter is unlikely to be resolved before the November election. The Republican‑controlled Wisconsin Legislature has opposed the lawsuit, and a prior temporary injunction granting electronic voting was reversed by an appeals court.

No estimates have been provided on how many disabled voters might request electronic ballots if the option were made available.

Entities

Disability Rights Wisconsin · Everett Mitchell · League of Women Voters · Wisconsin Elections Commission · Wisconsin Legislature