Wisconsin Electronic Absentee Ballot System Accessibility Challenge

Lawsuit filed by Disability Rights Wisconsin, the League of Women Voters of Wisconsin and four individual voters against the Wisconsin Elections Commission (WEC) over Wisconsin’s absentee voting system. Under Wisconsin’s current system, there is no option for an absentee ballot to be received, marked or returned electronically except for military and overseas voters. The plaintiffs claim that this limits disabled or elderly voters’ choices by not allowing them to use at-home electronic accessibility devices to read and mark their ballots privately. Instead, disabled voters often have to select an assistant to fill out and submit their ballots for them, which the plaintiffs argue violates their independence and privacy while voting. The plaintiffs claim that this lack of options for disabled voters violates Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the First and 14th Amendments and the Wisconsin Constitution, and ask the court to mandate that WEC implement an electronic option for voters with disabilities to request, receive and submit their absentee ballot electronically.

On June 25, a Wisconsin judge granted the plaintiffs’ motion for a temporary injunction and ordered WEC to facilitate the availability of electronically delivered, accessible absentee ballots requested by voters with print disabilities for the November general election. 

On June 28 and July 9, GOP legislators and WEC appealed the trial court’s order granting the plaintiffs’ temporary injunction. On Aug. 1, the judge denied the Legislature’s request to pause the temporary injunction pending appeal.

STATUS: On Aug. 19, the Wisconsin Court of Appeals granted the Wisconsin Legislature’s motion to stay the trial court’s temporary injunction requiring WEC to implement electronically delivered absentee ballots to voters with disabilities. Litigation is ongoing.

Last updated: September 4, 2024 9:46 am EST