Wisconsin Appeals Court Restricts Email Absentee Voting for Disabled Individuals
A recent ruling by a Wisconsin appeals court has barred disabled individuals from receiving absentee ballots via email, less than three weeks before the state’s April 1 election. This decision overturns a June ruling by a Dane County Circuit Court judge who had allowed email absentee voting for disabled voters, a privilege previously reserved only for military and overseas voters. The appeals court’s ruling, issued by the 2nd District Court of Appeals, determined that the lower court was incorrect to issue a temporary injunction that would have altered the existing voting process. As a result, disabled voters will not have access to email absentee ballots for the upcoming election.
The Lawsuit and Arguments
The lawsuit was initiated by Disability Rights Wisconsin, the League of Women Voters, and four disabled voters in early 2023, arguing that the lack of email absentee voting options for disabled individuals violated their rights to independence and privacy in the voting process. They contended that this limitation unfairly restricted disabled voters from fully participating in elections without assistance, which is contrary to their constitutional rights. The plaintiffs sought to expand the availability of email absentee ballots, currently exclusive to military and overseas voters, to include disabled individuals who may face significant barriers in casting their votes traditionally.
The Ruling and Its Implications
Dane County Circuit Judge Everett Mitchell had initially ruled in favor of the plaintiffs, asserting that disabled voters should have the same access to email absentee ballots as military and overseas voters. However, the appeals court reversed this decision, stating that Mitchell’s ruling would have "significantly disrupted the status quo" of Wisconsin’s electoral process. The appeals court judges emphasized that the existing policy in Wisconsin has always restricted email absentee ballots to military and overseas voters, and expanding this privilege without proper legislative authority would create unnecessary confusion and potential security risks.
Security Concerns and Legislative Response
The Wisconsin Department of Justice, representing the state’s elections commission, argued against the expansion of email absentee voting, citing potential security risks and logistical challenges. They warned that allowing ballots to be emailed and filled out electronically could expose the electoral process to fraud and undermine public confidence in the integrity of elections. Republican Senate Majority Leader Devin LeMahieu celebrated the ruling, calling it a "victory for the rule of law and election security in Wisconsin." He further stated that permitting courts to unilaterally expand voting options could weaken election integrity and erode voters’ trust in the electoral system.
The Future of the Case
Despite the setback, Disability Rights Wisconsin and the League of Women Voters have announced that they will not appeal the ruling. Instead, they plan to pursue the case on its merits in the circuit court, vying for a more permanent resolution that could potentially overturn the existing restrictions on email absentee voting for disabled individuals. This approach indicates that the issue is far from resolved and sets the stage for ongoing legal battles over voting rights and accessibility in Wisconsin.
Conclusion and Broader Implications
The appeals court’s ruling has significant implications for the upcoming April 1 election, where voters will determine a new Wisconsin Supreme Court justice and the state’s top education official. Early voting begins on March 21, leaving disabled voters limited time to adjust their voting plans. The case highlights the ongoing challenges in balancing election security with voter accessibility, particularly for disabled individuals. As Wisconsin and other states grapple with these issues, the outcome of this case could set a precedent for how similar disputes are handled in the future. The ruling underscores the importance of ensuring that all voters, regardless of ability, have equal access to the electoral process while safeguarding the integrity of elections.
