A Wisconsin judge ruled on August 4, 2026, that the state’s absentee voting system discriminates against disabled voters by not allowing them to cast ballots privately and independently. The ruling did not mandate election officials to provide electronic absentee ballots before the upcoming midterm elections.
The decision arose from a lawsuit filed in 2024 by Disability Rights Wisconsin, the League of Women Voters, and four disabled voters, who contended that the absence of an electronic absentee voting option violates the Americans with Disabilities Act by preventing disabled voters from voting independently and privately.
Dane County Circuit Judge Everett Mitchell determined that Wisconsin’s paper-only absentee ballot system infringes on the rights of disabled voters who require assistance to complete a paper ballot. However, he did not require the state to implement electronic absentee voting, citing ongoing disputes regarding its feasibility as a remedy. A trial on this matter is anticipated in August, which may delay any changes until after the November election.
Mitchell's ruling follows a previous legal dispute where he issued a temporary injunction in 2024 directing the state to provide electronic absentee ballots to certain disabled voters, which was later overturned by an appeals court.
In his recent ruling, Mitchell reiterated that Wisconsin’s absentee ballot program denies disabled individuals equal opportunities to vote absentee in a private and independent manner. He chose not to mandate electronic voting at this time due to unresolved issues regarding feasibility, implementation, and security risks. Currently, Wisconsin emails absentee ballots to military and overseas voters, but the number of disabled voters who might utilize an electronic absentee ballot option remains unknown. The Republican-controlled legislature is opposing the measure.