Madison, Wisconsin – A new lawsuit filed in Wisconsin alleges that denying voters with disabilities the ability to cast their ballots electronically is a blatant violation of their constitutional rights. The lawsuit demands that electronic absentee voting be implemented as an option for those with disabilities, just as it is for military and overseas voters.

Disparities in Absentee Voting

Current Wisconsin law, the lawsuit argues, creates an unequal playing field for voters with disabilities. Unlike absentee voters in the military or overseas, who can cast their ballots electronically, voters with disabilities face significant hurdles when it comes to absentee voting via paper ballots.

“Under current Wisconsin law, people with disabilities are treated unequally and face real and considerable hurdles to participating in absentee voting,” the lawsuit states.

Electronic Voting for Equality

The plaintiffs in the lawsuit argue that electronic voting is the key to ensuring equal access to the ballot for voters with disabilities. By allowing them to cast their votes electronically, the state could ensure that they are treated the same as other voters.

“Electronic voting will also ensure that people with disabilities are treated the same as other voters,” the lawsuit contends.

Violations of State and Federal Law

The lawsuit alleges that the state’s failure to provide electronic absentee voting constitutes a violation of several state and federal laws, including:

• Wisconsin Constitution
• U.S. Constitution
• Americans with Disabilities Act
• Federal Rehabilitation Act

The Rehabilitation Act, in particular, prohibits organizations receiving federal funding from discriminating on the basis of disability. By denying electronic absentee voting to voters with disabilities, the lawsuit argues, the state is violating this law.

Personal Stories of Disenfranchisement

The lawsuit includes the personal accounts of four Wisconsin voters with disabilities who have been unable to cast their absentee ballots privately and independently.

• Donald Natzke of Shorewood is blind and cannot read or mark a paper ballot without assistance.
• Michael Christopher of Madison is also blind and has difficulty navigating the absentee ballot application process.
• Stacy Ellingen of Oshkosh has cerebral palsy and cannot write or use a computer keyboard.
• Tyler Engel of Madison has spinal muscular atrophy and relies on a wheelchair, making it impossible for him to return an absentee ballot via mail.

Demographic and Political Significance

The lawsuit highlights the importance of ensuring accessibility to the polls for voters with disabilities. According to the Centers for Disease Control and Prevention, one-fourth of the U.S. adult population has a disability.

In a politically divisive state like Wisconsin, where the past six presidential elections have been decided by mere percentage points, ensuring equal access to voting for all citizens is crucial for maintaining the integrity of the electoral process.

Next Steps

The lawsuit requests a court order requiring the Wisconsin Elections Commission to implement electronic absentee voting for voters with disabilities for the upcoming August 13 primary and November presidential election.

The outcome of this lawsuit could have significant implications for the state of Wisconsin and for voters with disabilities across the country. It remains to be seen whether the court will rule in favor of the plaintiffs and order the implementation of electronic absentee voting. What is certain is that the fight for equal access to the ballot for all voters continues.

Data sourced from: foxnews.com