A Wisconsin judge has found the state’s paper-only absentee voting system discriminates against voters with disabilities, but stopped short of ordering an immediate switch to electronic ballots — a decision with clear consequences for access ahead of November’s election. The ruling keeps the debate over security, logistics and civil rights alive as courts prepare a fuller trial on whether disabled residents must be offered digital voting options.
Dane County Circuit Court Judge Everett Mitchell concluded Tuesday that the current absentee process, which requires voters to complete and return a paper ballot, denies people with disabilities the equal opportunity to vote absentee privately and without assistance. The decision came in a suit filed in 2024 by Disability Rights Wisconsin, the League of Women Voters and four individual plaintiffs who argued the paper-only policy violates the Americans with Disabilities Act and their rights to independent voting.
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Mitchell previously ordered a provisional change that would have allowed certain voters to request an electronic absentee ballot, including those who self-certify they cannot read or mark a paper ballot without help. That step was reversed by an appeals court, which criticized the trial court for issuing an injunction that would have significantly altered election procedures before a full factual record was developed. The appeals court returned the matter to the lower court for further proceedings.
The Republican-controlled state Legislature is actively defending the existing system. On Tuesday, Mitchell declined to require elections officials to implement an electronic option immediately, saying the parties still disagree about whether that remedy is practical or safe and noting implementation challenges and potential risks.
- Who sued: Disability Rights Wisconsin, the League of Women Voters and four disabled Wisconsin voters.
- Judge’s finding: The paper-only absentee program was ruled discriminatory for denying private, independent absentee voting to some voters with disabilities.
- What’s not decided: Whether the state must provide an electronic absentee option — that will be determined at trial.
- Timing: A hearing is set for Aug. 12 to discuss next steps and possible trial scheduling; resolution before the November election appears unlikely.
Several practical details remain unsettled. Wisconsin already sends absentee ballots by email to military and overseas voters, but neither the plaintiffs nor the Wisconsin Elections Commission offered an estimate of how many registered voters with disabilities would seek electronic absentee ballots if the option became available. Officials from the Elections Commission and the state Department of Justice did not immediately respond to requests for comment.
The court’s order frames a familiar national tension: expanding access for voters with disabilities while weighing administrative complexity and cybersecurity concerns. Mitchell acknowledged those trade-offs in declining an immediate mandate, signaling the court intends to balance accessibility rights against the practical burdens of rolling out a new system.
What happens next is procedural but consequential. If a trial determines that an electronic absentee pathway is required, state officials would face decisions about authentication, ballot integrity, and how to deliver a secure, private vote. If not, plaintiffs may seek further appeals.
The Aug. 12 hearing will clarify whether a trial date is set and could establish a timeline for resolution. For now, the ruling underscores a growing legal and policy debate over how to ensure voters with disabilities can cast ballots that are both private and independent without compromising election security.
