Wisconsin Judge Rules State's Paper Absentee Ballot System Violates ADA Rights of Voters with Print Disabilities

Dane County Circuit Judge Everett Mitchell ruled on August 4, 2026, that Wisconsin's paper absentee ballot system violates the Americans with Disabilities Act by preventing voters with print disabilities from voting privately and independently. The lawsuit, brought in April 2024 by Disability Rights Wisconsin and the League of Women Voters, highlights barriers faced by voters like Tyler Engel, who cannot hold a pen to mark paper ballots. While the court agreed the system is discriminatory, Judge Mitchell stopped short of ordering electronic ballots, citing disputes over the reasonableness of the remedy. A future trial will determine remedies, leaving barriers in place for the upcoming 2026 elections.

Wisconsin ADA absentee voting ruling

• ▪Judge Everett Mitchell's August 4, 2026, ruling agreed that Wisconsin's absentee ballot program allows non-disabled voters to vote privately and independently but fails to provide the same opportunity to voters with print disabilities.
• ▪Dane County Circuit Judge Everett Mitchell ruled on August 4, 2026, that Wisconsin's paper absentee ballot system violates the Americans with Disabilities Act by denying voters with print disabilities the opportunity to vote privately and independently.

Print disability voting barriers

• ▪Wisconsin's current mail-in voting system requires voters to obtain a paper ballot, hand-mark it, place it in an envelope, and return it to the city clerk's office, which is impossible for voters with print disabilities.
• ▪Lawsuit plaintiff Tyler Engel has a physical condition that prevents him from holding a pen or pencil, making it impossible for him to complete a hand-marked paper ballot.

Electronic ballot remedy dispute

• ▪Wisconsin currently emails electronic absentee ballots to military and overseas voters, which plaintiffs argue demonstrates the feasibility of an electronic voting option for disabled voters.
• ▪Judge Everett Mitchell declined to order election officials to offer electronic ballots to disabled voters, stating there remains a genuine dispute of material fact regarding whether the proposed electronic accommodation is reasonable.
• ▪The Republican-controlled Wisconsin Legislature is actively fighting the lawsuit seeking electronic absentee voting options for disabled voters.

Disability Rights Wisconsin lawsuit

• ▪The lawsuit, Disability Rights Wisconsin v. Wisconsin Elections Commission, was filed in April 2024 by Disability Rights Wisconsin, the League of Women Voters, and four individual disabled voters.
• ▪An appeals court previously reversed a 2024 temporary injunction issued by Judge Everett Mitchell that would have allowed disabled voters to vote electronically, ruling that the injunction significantly disrupted the status quo.

Paper ballot accommodation requirements

• ▪Neither the plaintiffs who brought the lawsuit nor the Wisconsin Elections Commission have estimates on how many disabled voters would request electronic absentee ballots if the option were available.
• ▪Because the Wisconsin Elections Commission is a public agency, it is legally required under the Americans with Disabilities Act to ensure reasonable accommodations for voters with disabilities.

Future trial on remedies

• ▪Judge Everett Mitchell ordered a future trial to discuss and determine the appropriate remedies for the state's discriminatory absentee voting system.
• ▪The dispute over electronic voting remedies is highly unlikely to be resolved before Wisconsin's August 11, 2026, primary and the November 2026 general election.