Wisconsin Judge Finds Paper-Only Absentee Voting Denies Some Disabled Voters Equal Access

A Dane County judge has found that Wisconsin’s paper-only absentee-ballot system denies some voters with print disabilities an equal opportunity to vote privately and independently. The August 4, 2026, ruling recognized discrimination but did not require the state to create electronic absentee ballots immediately.

That leaves the practical question unresolved for voters and election officials: whether Wisconsin will establish an accessible electronic option before the November 2026 general election. The case remains active, and further proceedings are expected to address the remedy, including feasibility, implementation and risks identified by the court.

What the judge decided

Dane County Circuit Judge Everett Mitchell ruled that Wisconsin’s current absentee-voting system can disadvantage voters who cannot independently read or mark a paper ballot because of a print disability. The affected group includes some voters who are blind or have impaired manual dexterity.

When a voter cannot complete a paper ballot independently, the alternative may be direct assistance from another person. The plaintiffs argued that this can compromise the voter’s privacy and independence. The judge found that the paper-only system denies these voters the equal opportunity to vote absentee privately and independently.

The ruling did not, however, establish a new voting procedure. Mitchell declined to order electronic absentee ballots immediately, citing unresolved disputes over whether that would be a reasonable remedy and concerns about the difficulty and risks of creating such a program.

Who brought the lawsuit

Disability Rights Wisconsin, the League of Women Voters of Wisconsin and four disabled voters challenged the state’s absentee-voting system. Their claims rely on Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Wisconsin’s secret-ballot guarantee and state equal-protection provisions.

Federal disability-rights guidance says the ADA applies to voting, including absentee voting, and requires state and local election officials to provide people with disabilities a full and equal opportunity to participate. Related federal guidance also describes privacy and independence as important parts of accessible voting.

Why electronic absentee ballots are not available yet

Wisconsin currently permits electronic absentee-ballot delivery for military and overseas voters. The August 4 ruling did not expand that authorization to disabled voters.

The litigation has focused primarily on allowing eligible voters with print disabilities to receive an accessible ballot electronically and mark it with assistive technology. The ruling did not authorize electronic ballot return. Returning a completed ballot electronically presents separate legal, administrative and security questions.

How the case reached this point

In 2024, Judge Mitchell issued a temporary injunction that would have allowed certain voters who could not read or mark paper ballots without help to receive accessible absentee ballots electronically. The Wisconsin Court of Appeals stayed and later reversed that preliminary order on March 12, 2025.

The appellate court said the temporary injunction improperly changed the existing status quo before the merits of the case had been decided. Its ruling concerned whether the preliminary remedy was appropriate; it did not resolve the underlying discrimination claims.

The August 4, 2026, decision is different because it addresses the merits of the equal-access claim. The court recognized the discrimination but left the remedy for later proceedings.

What happens next

A hearing was scheduled for August 12, 2026, to consider the next steps, including the possibility of setting a trial date. The case could lead to additional remedy proceedings or an order directing the state to develop an accessible electronic-delivery option, but no such procedure is currently available automatically because of the ruling.

The timing matters because the November 2026 general election is approaching. Whether any accessible electronic absentee option will be available before that election remains uncertain.

For now, Wisconsin voters with disabilities should check current instructions with their municipal clerk or the state’s official voter-information system. They should not assume that the August 4 ruling by itself permits electronic absentee voting or electronic ballot return.

Sources

Look for updates to this story

Discover more from Interactive News

Subscribe to get the latest posts sent to your email.