Disability Rights Wisconsin v. Wisconsin Elections Commission (absentee voting for voters with disabilities)

Wisconsin’s absentee voting system does not allow for an absentee ballot to be received, marked, or returned electronically. Military and overseas voters are exempted from the prohibition on electronic absentee ballots; however, disabled or elderly voters often must select an assistant to fill out and submit their ballots for them. The prohibition keeps disabled and elderly voters from filling out their ballot independently with at-home electronic accessibility devices.  

On April 16, 2024, plaintiffs - the League of Women Voters of Wisconsin (LWVWI), Disability Rights Wisconsin, and four individual voters – filed a lawsuit against the Wisconsin Elections Commission (WEC) over its absentee voting system. The plaintiffs argued that the bar on using electronic accessibility devices to vote violated their state constitutional right to a secret ballot, Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, the First and Fourteenth Amendments, and the Wisconsin state constitution’s equal protection clause. They requested the court require the WEC to implement a process for disabled voters to request, receive, vote, and submit their absentee ballot electronically.  

On June 25, 2024, a Wisconsin state trial court judge granted the plaintiffs’ motion for a temporary injunction. The judge ordered the WEC to make electronic, accessible absentee ballots available for voters with “print disabilities.” In the context of the injunction, a “print disability” is one that prevents the absentee voter from being able to independently read and/or mark a paper absentee ballot, including blindness and physical disabilities impairing dexterity. Under the terms of the injunction, voters with such disabilities could receive absentee ballots at home and fill them out using electronic accessibility devices. However, the order did not allow voters to return the ballot electronically. The same day, the trial court granted the Wisconsin Legislature’s motion to intervene as a defendant.  

On June 28, 2024, the state legislature filed a notice of appeal. On August 19, 2024, the Wisconsin Court of Appeals issued an order staying the temporary injunction until the appeals process ended. This order paused the trial court’s order requiring the WEC to make electronic absentee ballots available for those with “print disabilities.” The court reasoned that allowing this change so close to the election would cause voter confusion.  

On August 30, 2024, plaintiffs filed their appeal brief. On September 13, 2024, LWVWI and Disability Rights Wisconsin filed a petition for bypass with the Wisconsin Supreme Court, which would allow the case to skip the Court of Appeals and move on to the state Supreme Court for a decision.  

LWVWI is represented in this matter by Wilmer Cutler Pickering Hale Dorr LLP and Stafford Rosenbaum. 

LWVWI Press Release: Press Release: Lawsuit Filed Seeking Relief for Voters with Disabilities | MyLO (lwv.org)