A lawsuit filed in Wisconsin alleges that voters with disabilities should have the option to cast their ballots electronically, similar to military and overseas voters, and that the current absence of this option is discriminatory and unconstitutional. The lawsuit argues that individuals with disabilities are facing significant hurdles in participating in absentee voting under current Wisconsin law. Absentee ballots and who can return them have been a contentious issue in Wisconsin, a swing state where past presidential elections have been decided by slim margins. The lawsuit challenges the Wisconsin Elections Commission to provide electronic voting as an option for voters with disabilities in order to comply with state and federal laws related to accommodation and equal access.
The lawsuit was filed in Dane County Circuit Court by four voters, Disability Rights Wisconsin, and the League of Women Voters. Individuals who are blind or have conditions such as cerebral palsy and spinal muscular atrophy are unable to vote absentee privately and independently without the option of electronic voting. The lawsuit contends that not providing electronic absentee voting for people with disabilities violates various state and federal laws, including the Americans with Disabilities Act and the federal Rehabilitation Act. These laws prohibit discrimination based on disability, and the lawsuit argues that electronic voting is essential to ensure that voters with disabilities are treated equally to other voters.
People with disabilities account for about one-fourth of the U.S. adult population, according to the Centers for Disease Control and Prevention. However, they have faced challenges in accessing the polls as Republican-led states have passed restrictive voting laws in recent years. The lawsuit in Wisconsin highlights the issue of limitations on what assistance a voter can receive, as well as restrictions on who can return a voter’s mailed ballot. The lawsuit seeks to address the barriers faced by voters with disabilities in absentee voting and argues that electronic voting is a necessary step towards ensuring equal access and participation in the electoral process.
The lawsuit points out that absentee voting in Wisconsin is primarily done through paper ballots, making it difficult for many people with disabilities to cast their votes without assistance. The inability to independently vote absentee is a significant challenge for individuals with disabilities who value privacy and independence in their voting process. The lawsuit argues that providing electronic voting as an option will allow voters with disabilities to participate in absentee voting on equal footing with other voters, ensuring that they are not disadvantaged by barriers to the electoral process.
The Wisconsin Supreme Court is set to hear arguments in a case regarding the use of absentee ballot drop boxes in the state, another issue that has sparked debate around absentee voting. The lawsuit filed by voters with disabilities aims to address the specific challenges faced by this group in accessing the polls, highlighting the need for accommodations that ensure equal access to the voting process. By challenging the current limitations on electronic voting for voters with disabilities, the lawsuit advocates for greater inclusivity and accessibility in the electoral system, emphasizing the importance of upholding the rights of all citizens to participate in democracy.
