In a decision issued on Wednesday, a Wisconsin appeals court has overturned an earlier ruling that permitted disabled individuals to receive absentee ballots via email. This ruling arrives shortly before the election scheduled for April 1, reversing a June decision by a Dane County Circuit Court judge that was challenged by the state’s Republican-controlled Legislature.
The appeals court pause on the initial ruling in August meant that no electronic absentee ballots were distributed ahead of the November presidential election. As a result of the recent decision, disabled voters will also be unable to receive absentee ballots by email in the upcoming April election. This election will see voters select a new Wisconsin Supreme Court justice, a crucial decision for determining the majority control of the court, and will also involve electing the state’s chief education official as early voting approaches.
The lawsuit implicating this issue was spearheaded by Disability Rights Wisconsin, the League of Women Voters, and four individuals with disabilities. Their primary argument was centered around the notion that not allowing absentee ballots to be emailed infringed upon their rights to an independent and private voting experience.
Dane County Circuit Judge Everett Mitchell initially ruled that it would be fair for disabled individuals to access absentee ballots by email, a method previously reserved only for military personnel and voters living abroad. However, the appeals court repudiated this logic, stating that Judge Mitchell’s temporary injunction was inappropriate as it would disrupt the established procedure.
Currently, Wisconsin’s laws permit absentee ballots to be emailed only to military and overseas voters, and not to any other group, according to the opinion penned by appeals court judges Mark Gundrum, Shelley Grogan, and Maria Lazar. The scope of the court’s ruling was solely focused on the appropriateness of providing a temporary injunction that would instantly enact emailed ballot eligibility.
Disability Rights Wisconsin and the League of Women Voters, deciding not to appeal the recent ruling, declared they would continue to argue the substance of their case in circuit court. Neither party nor the Wisconsin Elections Commission has quantified how many disabled voters might seek to obtain absentee ballots electronically.
Data from the Centers for Disease Control and Prevention indicates that over a million Wisconsin residents above 18 possess some form of disability. Furthermore, nearly 100,000 of these individuals face vision challenges, according to state health statistics.
Had the previous ruling stood, it would have enabled the issuance of emailed ballots to those voters who affirmatively self-certify their inability to read or fill out paper ballots without assistance. These voters could have utilized technology to complete the ballots electronically at home, later needing to print and mail them back or submit them directly to election offices.
Other absentee voters can also request ballots electronically, but receive a physical paper version via postal mail. These individuals must then manually fill out the ballots prior to returning them either through the mail or in person.
The Wisconsin Department of Justice, representing the state elections commission, cited potential security risks and confusion as concerns related to electronically issued ballots. The state’s Legislature also took part in the legal proceedings.
In reaction to the court’s ruling, Republican Senate Majority Leader Devin LeMahieu commended the decision as a triumph for legal principles and electoral security in Wisconsin. He stated that allowing judicial bodies to determine eligibility for online voting could undermine election integrity and diminish voter confidence in their electoral processes.
