Summary
On March 12, 2025, the District II Court of Appeals reversed a temporary injunction from last June related to voting. The injunction would have allowed voters to ask for a emailed ballot from their municipal clerk. To be able to do this, the voter would need to show that they could not read or mark a paper absentee ballot on their own because of their disability.
Disability Rights Wisconsin and the League of Women Voters of Wisconsin are disappointed in this ruling. However, we are hopeful that the lawsuit will lead to permanent relief as the case is still on-going in court.
Press Release
Read this press release as an accessible PDF here.
For Immediate Release: March 12, 2025
Contacts:
- Debra Cronmiller, League of Women Voters of Wisconsin, dcronmiller@lwvwi.org, (608) 256-0827
- Lisa Hassenstab, Disability Rights Wisconsin, lisah@drwi.org,
(608) 308-2639
Disability Rights Wisconsin (DRW) and the League of Women Voters of Wisconsin (LWV) are disappointed in today’s ruling from the District II Court of Appeals which reversed a temporary injunction issued last June that would have allowed voters to request an emailed ballot from their municipal clerk if they certified they were unable to independently read and/or mark a paper absentee ballot due to a print disability. The Court had already issued a stay on the injunction in August 2024.
However, DRW and LWV continue to be encouraged at the prospect of permanent relief being obtained as the full merits of this case continue to be litigated. Today’s ruling was focused one of the four required factors for imposing a temporary injunction, not on a permanent injunction sought by the plaintiffs.
Current state law requires all absentee ballots to be mailed to voters except for military and overseas voters. But state and federal law require that people with a disability must be able to vote on equal terms to those without disabilities, and Wisconsin’s Constitution protects voters’ right to a secret ballot. For many voters with print disabilities (including voters who are blind or have a physical disability that impairs manual dexterity), the mailing restriction means that they are required to share their vote with a third-party assistant who manually marks the absentee ballot on behalf of the voter. This is the process which was in place for all voter for the November 2024 and February 2025 elections, and will continue to be for the April 2025 election.
The plaintiffs are represented in the suit by Stafford Rosenbaum, LLP and Wilmer Cutler Pickering Hale and Dorr LLP.
Organization Information
Disability Rights Wisconsin (DRW) is a private non-profit organization that protects the rights of people with disabilities statewide. As Wisconsin’s recognized Protection & Advocacy Organization, DRW is legislatively mandated to provide services to voters with disabilities and ensure individuals with disabilities can participate in every step of the voting process.
More information is available at Disability Rights Wisconsin’s website.
League of Women Voters of Wisconsin (LWVWI) is a nonpartisan political organization that advocates for informed and active participation in government. There are more than 20 local Leagues throughout Wisconsin.
More information is available at the League of Women Voters of Wisconsin’s website.