MADISON, WIS. — Dane County Circuit Judge Everett Mitchell ruled on Tuesday that Wisconsin's paper absentee ballot program discriminates against disabled voters. The judge declined to order elections officials to offer electronic ballots to qualified disabled voters at this time.

Judge Mitchell ruled that the state's absentee ballot program denies disabled people "the equal opportunity to vote absentee privately and independently." He stated that the parties still disputed whether offering electronic ballots was a reasonable remedy. The judge noted difficulties in instituting an electronic voting program and risks involved.

Disability Rights Wisconsin, the League of Women Voters and four disabled voters brought the lawsuit in 2024. The plaintiffs argued that the lack of an electronic absentee voting option violated their right to independence and privacy and the protections of the Americans with Disabilities Act. Under a previous ruling, Judge Mitchell said that voters who self-certify that they can’t read or mark a paper ballot without help would be eligible to request an electronic ballot.

Judge Mitchell issued a temporary injunction in 2024 stating that disabled voters should have the option to vote electronically. An appeals court reversed the 2024 temporary injunction, sending the case back to the lower court. The appeals court stated it was wrong to issue a temporary injunction that would have changed and "significantly disrupted the status quo." The Republican-controlled Legislature is fighting the lawsuit.

A hearing on the case is set for Aug. 12, where a potential trial date could be set. Neither the plaintiffs nor the Wisconsin Elections Commission had any estimates of how many disabled voters would request absentee ballots electronically.

Absentee ballots are currently emailed to military and overseas voters from Wisconsin. Earlier coverage on 2026-07-21 reported that Wisconsin Democrats want to allow absentee voters to cast a new primary ballot.

The ruling addresses whether the state's current paper-only system complies with federal disability protections. The Wisconsin Elections Commission is a bipartisan regulatory agency established by a 2015 act of the Wisconsin Legislature to administer and enforce election laws in the state. The commission began operation on June 30, 2016, replacing the Wisconsin Government Accountability Board (GAB).

Why It Matters

The ruling confirms that Wisconsin's paper-only absentee system denies disabled voters the equal opportunity to cast ballots privately and independently. However, the decision delays immediate access to electronic options while the court evaluates implementation risks and disputes over reasonable remedies. This legal battle determines whether the state must alter its election infrastructure to comply with federal disability protections before a potential trial date is set.