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Lawsuit Challenges Wisconsin's Absence of Electronic Voting for Disabled Voters

By Melanie Rauch, JD | Last updated on

A significant legal challenge has emerged in Wisconsin as a group of voters with disabilities, supported by Disability Rights Wisconsin and the League of Women Voters, has filed a lawsuit demanding electronic absentee voting options. This legal action, initiated in Dane County Circuit Court, aims to rectify what the plaintiffs describe as discriminatory practices that currently hinder their ability to vote independently and privately.

Discrimination Claims and Constitutional Violations

The lawsuit alleges severe discrepancies in how absentee voting is handled for people with disabilities compared to military and overseas voters, who are allowed to vote electronically. Plaintiffs argue that the lack of an electronic voting option for disabled voters not only violates the Americans with Disabilities Act (ADA) and the Rehabilitation Act but also infringes upon the constitutional right to a secret ballot. This situation presents significant obstacles for disabled voters, effectively depriving them of their fundamental right to vote independently.

Historical Context

The backdrop to this lawsuit is the ongoing debate about the litigious environment surrounding voting rights in Wisconsin, a state where recent presidential elections have been decided by razor-thin margins. Previous court decisions have impacted the way absentee ballots are handled, with a 2022 federal court decision supporting the necessity for assistance in ballot delivery for voters with disabilities. However, the absence of a method to vote electronically continues to pose a significant barrier, highlighting a broader issue of accessibility in voting.

Potential Impact of the Lawsuit

Should the lawsuit be successful, it could lead to a major overhaul of how absentee ballots are processed for Wisconsin's disabled voters, potentially setting a precedent for other states with similar restrictive voting measures. The case highlights the ongoing national struggle for voting accessibility, reflecting broader challenges disabled individuals face in securing their voting rights in the face of technological advancements.

A Call for Equality

The legal challenge in Wisconsin is more than just a fight for electronic voting, it's a struggle for equal rights and access to democratic processes. If the plaintiffs win the case, it could transform the way absentee voting is managed for disabled voters in Wisconsin, setting a new standard for other states with similar restrictive voting practices.

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