Wisconsin Judge Rules Paper Absentee Ballots Discriminate Against Disabled Voters

Dane County Circuit Judge Everett Mitchell ruled on August 4, 2026, that Wisconsin's paper-based absentee voting program discriminates against disabled voters. The court found that the current system denies these citizens "the equal opportunity to vote absentee privately and independently," which violates the Americans with Disabilities Act.

The ruling stems from a 2024 lawsuit filed by Disability Rights Wisconsin, the League of Women Voters, and four disabled citizens. While Judge Mitchell identified the system as discriminatory, he declined to mandate the immediate implementation of electronic ballots. He cited ongoing disputes regarding whether electronic voting is a reasonable remedy due to logistical challenges and associated risks.

The Republican-controlled Legislature is contesting the lawsuit, with the Wisconsin Department of Justice representing the Wisconsin Elections Commission. A follow-up hearing is scheduled for August 12 to potentially establish a trial date, though the legal challenge is unlikely to be resolved before the November election.