Yesterday, the Disability Rights Association of Wisconsin and the League of Women Voters of Wisconsin, represented by the law firms Stafford Rosenbaum and Wilmer Cutler Pickering Hale & Dorr, filed a lawsuit in Dane County Circuit Court, seeking to remedy absentee voting procedures that unlawfully discriminate against voters with disabilities. The lawsuit seeks an injunction blocking certain Wisconsin laws that prohibit voters with disabilities from receiving, completing and returning absentee ballots electronically.
The Wisconsin Constitution provides that “every vote shall be cast by secret ballot.” Wisconsin Constitution, Article III, § 3. However, many voters with disabilities are unable to reliably travel to a polling place or complete a paper absentee ballot themselves, and are routinely forced to disclose their vote to a third party when completing their ballot.
The solution to this constitutional violation is not far away: Voters with disabilities can use the adaptive technology they often use every day to complete their absentee ballot with both privacy and independence. Thirteen states have expanded their electronic absentee ballot programs to allow voters with disabilities to return their absentee ballot by email or through an online portal.
Disability Rights Wisconsin (DRW) is a private, nonprofit organization that protects the rights of people with disabilities statewide. As a Wisconsin-certified protection and advocacy organization, DRW is required by law to provide services to voters with disabilities and ensure they have access to every stage of the voting process. For more information, visit disabilityrightswi.org.
The League of Women Voters of Wisconsin (LWVWI) is a nonpartisan political organization advocating for informed and active participation in government. We have more than 20 local chapters throughout Wisconsin. For more information, visit lwvwi.org.
Stafford Rosenbaum LLP is a full-service law firm with offices in Madison and Milwaukee, Wisconsin. Among other practices, Stafford has a distinguished team of attorneys practicing in the areas of election and political law. For more information, visit staffordlaw.com.
Wilmer Cutler Pickering Hale and Dorr LLP is a leading international law firm serving clients across a wide range of industries, working at the interface of government and business. WilmerHale maintains an unwavering commitment to pro bono representation, including in the area of proxy voting rights. For more information, please visit wilmerhale.com/en.
Contact: Molly Carmichael, Communications Manager, League of Women Voters of Wisconsin
McMichael [at] lwvwi.org, (608) 256-0827
Kit Kirschensteiner, Director of Legal and Advocacy Services, Disability Rights Association of Wisconsin [at] drwi.org,
(608) 308-2642