Case Summary
LWVWI and Disability Rights Wisconsin filed a suit to address an absentee voting procedure that discriminates against voters with disabilities. The plaintiffs sought a temporary injunction to stop enforcement of state statutes that blocked voters with disabilities from receiving, marking, and returning absentee ballots electronically.
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)
LWV Timeline
Plaintiffs file lawsuit
LWVWI and Disability Rights Wisconsin file a state court lawsuit against the Wisconsin Board of Elections, arguing the state’s failure to provide voters with disabilities the option to receive and vote absentee ballots using electronic accessibility devices violates state and federal law.
Court grants temporary injunction
A Wisconsin state trial court grants plaintiffs a temporary injunction, allowing some voters with disabilities to receive absentee ballots using electronic accessibility devices.
Wisconsin State Legislature appeals
The Wisconsin State Legislature appeals after the trial court allows it to intervene as a defendant.
Appeals court stays the temporary injunction
The Court of Appeals orders the temporary injunction to be paused until the appeal is resolved. The order states that preventing voter confusion ahead of the November election weighs in favor of granting the stay.
Plaintiffs file petition for bypass
LWVWI files a petition for bypass, asking the Wisconsin Supreme Court to take up the appeal directly.
Wisconsin Supreme Court denies petition for bypass
The Wisconsin Supreme Court denies plaintiffs' petition to bypass the court of the appeals.
Wisconsin Court of Appeals reverses grant of temporary injunction
The Wisconsin Court of Appeals reverses the grant of the temporary injunction. The appeals court states that temporary injunctions are meant to preserve the status quo pending a final judgment, and that the trial court's order had changed the status quo by allowing some voters to receive absentee ballots using electronic accessibility devices.