A Wisconsin judge is set to review a request on Monday that could potentially allow individuals with disabilities to vote electronically from their homes in the upcoming elections in the swing state.


Disability Rights Wisconsin, the League of Women Voters, and four disabled individuals filed a lawsuit in April, seeking permission for disabled voters to cast absentee ballots electronically. They argue that this accommodation is necessary to uphold their right to vote independently and protect the secrecy of their ballots. The plaintiffs, including Donald Natzke and Michael Christopher who are blind, Stacy Ellingen with cerebral palsy, and Tyler Engel with spinal muscular atrophy, highlight the challenges many disabled voters face in using traditional paper ballots without assistance.


The lawsuit seeks a temporary injunction from Dane County Circuit Judge Everett Mitchell, which would allow electronic absentee voting in Wisconsin's August 13 primary and the November presidential election while the case is pending. Currently, Wisconsin allows electronic absentee voting only for military and overseas voters.


The legal challenge asserts that denying electronic voting to disabled individuals violates the Americans with Disabilities Act and the federal Rehabilitation Act, which prohibit discrimination on the basis of disability. They argue that since electronic voting is available to military and overseas voters, disabled voters should have the same access.


Wisconsin has been a focal point of voting rights controversies, with ongoing disputes over absentee ballot procedures and accessibility. Recent efforts by Republican legislators to restrict voting methods have been met with opposition from Democrats seeking to expand access.


The outcome of this legal battle could have significant implications for voting rights in Wisconsin, particularly for the approximately one million adults in the state who have disabilities. Despite claims of widespread voter fraud, instances of such incidents have been exceedingly rare, with fewer than 475 documented cases across several battleground states in the 2020 election, according to an Associated Press investigation.


The case underscores broader debates over voting rights and accessibility, particularly as states navigate election laws amidst partisan divisions and legal challenges.