Judge stops short of ordering electronic voting; trial set for later
Dane County Circuit Judge Everett Mitchell ruled Tuesday that Wisconsin’s absentee voting system discriminates against disabled voters, siding with the groups that sued to force election officials to allow for the electronic casting of ballots.
Mitchell stopped short of ordering electronic voting, setting up a trial on the issue for a later date. The case almost certainly will not be resolved before the November election.
Disability Rights Wisconsin, the League of Women Voters, and four disabled voters brought the lawsuit in 2024. They 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.
The ruling is the latest development in a case that has already produced one reversal. Mitchell issued a temporary injunction in 2024 saying disabled voters should have the option to vote electronically. An appeals court reversed that ruling and sent the case back to the lower court, saying it was wrong to issue a temporary injunction that would have changed and “significantly disrupted the status quo.” The trial will address whether electronic voting should be ordered.