Wisconsin’s paper-based absentee voting system has been found to deny some disabled voters the same privacy and independence available to other voters. The ruling could reshape how print-disabled residents cast ballots, but it does not immediately create a new electronic voting option.
Dane County Circuit Judge Everett Mitchell ruled Tuesday that Wisconsin’s absentee process denies disabled people an equal opportunity to vote privately and independently, according to WRAL. Mitchell declined to order election officials to begin offering electronic absentee ballots, leaving the remedy — and the timeline — unresolved.
The Lawsuit Focuses On Print-Disabled Voters
Disability Rights Wisconsin, the League of Women Voters of Wisconsin and four disabled voters filed the lawsuit in 2024. The plaintiffs argue that voters who cannot independently read or mark printed materials are forced to depend on another person when voting absentee, undermining privacy protections and disability rights, as reported by the Associated Press.
The dispute is narrower than a challenge to all absentee voting by disabled people: It centers on voters with print disabilities, including some people who are blind or have difficulty handling paper. Wisconsin currently allows absentee ballots to be sent electronically to military and overseas voters, while other absentee voters generally receive paper ballots, according to the Wisconsin Court of Appeals.
Why Privacy Is At The Center Of The Fight
For a voter who cannot read or mark a paper ballot, voting from home may require a caregiver, spouse or another assistant to see and complete the ballot. Disability Rights Wisconsin said that restriction can force voters to disclose their choices, even though Wisconsin’s Constitution protects the right to a secret ballot, according to the group’s 2024 legal update.
State attorneys have argued that disabled voters can instead vote in person with accessible equipment or complete a paper ballot with help. During arguments earlier this year, the state also raised cybersecurity, cost and administrative concerns about creating an electronic absentee ballot system, Wisconsin Public Radio reported.
The Ruling Does Not Immediately Change November Voting
Mitchell previously issued a temporary order allowing qualifying voters to request emailed ballots, but the state appeals court reversed that decision after finding that the injunction would have changed and significantly disrupted the existing system. The appeals court’s 2025 ruling left electronic ballot delivery limited to military and overseas voters while the broader legal challenge continued.
Mitchell said the parties still disagree over whether an electronic ballot program would be a reasonable remedy, including how it would be implemented and what risks it could create. A hearing is scheduled for next Wednesday, when the court could set a trial date; the case is unlikely to be resolved before the November election, according to the Associated Press.
The decision therefore establishes a major finding about equal access without yet telling Wisconsin clerks to change the ballots landing in voters’ mailboxes. It also leaves unanswered how many voters would seek an electronic option — neither the plaintiffs nor the Wisconsin Elections Commission has an estimate.
