Judge Everett Mitchell in Dane County, Wisconsin, declined on Thursday to delay his ruling that permits disabled individuals in the state to receive absentee ballots via email at home for the upcoming presidential election in November. The ruling is a point of contention in the battleground state.
The Republican party urged the judge to postpone enforcement of his ruling while their appeal is considered. However, Judge Mitchell rejected their request, noting that staying the ruling would cause harm to both disability rights advocates and the public interest.
The decision on whether to pause the ruling that allows an unspecified number of disabled voters to cast their ballots electronically before the Nov. 5 election now lies with the state appeals court. The temporary injunction granted by Mitchell on June 25 enables clerks to email ballots to voters who confirm their inability to read or mark a paper ballot without assistance. These voters can then electronically fill out their ballots at home using devices that aid them in reading and writing independently. The completed ballots must be printed and returned to the clerks or submitted in person.
Prior to this ruling, state law only permitted ballots to be transmitted electronically to military voters or those overseas. All absentee ballots must reach the clerks before the polls close on Nov. 5 to be counted.
The lawsuit, brought forth in April by Disability Rights Wisconsin, the League of Women Voters, and four disabled voters, has triggered involvement from the Republican-controlled state Legislature, who intervened and filed an appeal requesting a stay during the proceedings.
Statistics show that nearly 100,000 Wisconsin adults face vision impairments, while over 307,000 struggle with mobility challenges. The plaintiffs argued that individuals with disabilities often require assistance to complete paper ballots, compromising their right to a confidential vote.
Meanwhile, Republicans contended on appeal that the judge’s ruling disrupted the current situation too close to the election. The Wisconsin Department of Justice, representing the elections commission, raised concerns about the security risks and potential confusion resulting from the ruling. The elections commission has initiated efforts to comply with the court’s order, including providing guidance to local clerks and training them on the necessary software.
The complexity surrounding absentee voting and who is eligible has become a contentious issue in Wisconsin, known for its slim election margins in recent presidential races.
