A Wisconsin judge ruled Tuesday that the state's current absentee voting system, which relies on paper ballots, discriminates against certain disabled voters. Dane County Circuit Judge Everett Mitchell 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 voting option violates their rights to independence and privacy, as well as protections under the Americans with Disabilities Act.
While the judge agreed that the current paper-based system is discriminatory, he stopped short of ordering election officials to offer electronic absentee ballots. The parties still dispute whether electronic voting is a feasible remedy, citing potential difficulties and risks in implementation. A trial is expected to address this issue, but it is unlikely to be resolved before the November election.
This ruling follows a previous temporary injunction issued by Mitchell in 2024 that would have allowed disabled voters to cast ballots electronically. However, an appeals court reversed that decision, stating it was improper to disrupt the status quo before a full trial.
The Republican-controlled Wisconsin Legislature is opposing the lawsuit. The ruling noted that absentee ballots are already emailed to military and overseas voters from Wisconsin.
Officials from the Wisconsin Elections Commission and the Wisconsin Department of Justice, which represented the commission, did not immediately provide comments on the ruling. The parties are scheduled to appear in court again on August 12, when a potential trial date may be set.