Federal Court Blocks Ruling Restricting Voting Access For People With Disabilities

U.S. District Judge James Peterson with the Western District of Wisconsin ruled that state officials violated the Voting Rights Act (VRA) because a 2021 order effectively prevented Wisconsinites with physical disabilities from voting in the upcoming midterm elections. “Voters should not have to choose between exercising their federal rights and complying with state law. But that is the position the plaintiffs find themselves in,” Peterson wrote in his opinion. “If defendants are unable or unwilling to give plaintiffs assurances that their right to vote will be protected, this court must do so.” The conservative Wisconsin Institute for Law and Freedom filed a lawsuit last year accusing the Wisconsin Elections Commission (WEC) of overstepping its authority in the 2020 election by allowing the widespread use of ballots in the election. The Wisconsin Supreme Court agreed and banned the use of most ballots in a July ruling, arguing that only the state legislature could approve such a move. The court ruling also interpreted state law to require voters to return absentee ballots in person. Shortly after the decision, WEC Administrator Meagan Wolfe held a press conference in which she said voters should deliver the ballots themselves, causing concern in the disability community. Law Forward filed a motion against WEC and Wolfe in late July on behalf of four Wisconsinites with disabilities who require a third party to help them vote. One plaintiff, Timothy Carey, has Duchenne muscular dystrophy and must power a wheelchair with his mouth. Another claimant is paralyzed from the neck down. “The disability community has worked long and hard for recognition, respect and inclusion at every level of society. full access to their rights; and the best possible quality of life,” the complaint states. “Ballot access is an essential tool in this effort: voters with disabilities have a particularly strong interest in who leads our government, even though they face particularly daunting barriers to voting for their government representatives.” Law Forward said about 9.5 percent of Wisconsin residents ages 18 to 64 have a disability, underscoring the need to provide them with equal access under the VRA. In the complaint, they argued that the rule violated not only the VRA but also the Americans with Disabilities Act and the plaintiff’s First Amendment and 14th Amendment rights. Appeals court rules Trump administration’s two Gulf lease sales illegal Federal court cancels upcoming hearing on Trump lawyer’s phone possession In addition to violating the VRA, Judge Peterson dismissed these claims as without merit. It also ruled only for voters with disabilities, meaning other voters must return the ballots themselves, according to the Wisconsin Supreme Court ruling. Peterson wrote in his opinion that the WEC clearly violated the rights of state residents with disabilities by forcing them to vote without third-party assistance. “The Voting Rights Act is clear: voters with disabilities who need assistance in returning an absentee ballot have the right to request that assistance from a person of their choice,” the judge wrote.

title: “Federal Court Blocks Ruling Restricting Voting Access For People With Disabilities Klmat” ShowToc: true date: “2022-11-14” author: “Robert Smart”

U.S. District Judge James Peterson with the Western District of Wisconsin ruled that state officials violated the Voting Rights Act (VRA) because a 2021 order effectively prevented Wisconsinites with physical disabilities from voting in the upcoming midterm elections. “Voters should not have to choose between exercising their federal rights and complying with state law. But that is the position the plaintiffs find themselves in,” Peterson wrote in his opinion. “If defendants are unable or unwilling to give plaintiffs assurances that their right to vote will be protected, this court must do so.” The conservative Wisconsin Institute for Law and Freedom filed a lawsuit last year accusing the Wisconsin Elections Commission (WEC) of overstepping its authority in the 2020 election by allowing the widespread use of ballots in the election. The Wisconsin Supreme Court agreed and banned the use of most ballots in a July ruling, arguing that only the state legislature could approve such a move. The court ruling also interpreted state law to require voters to return absentee ballots in person. Shortly after the decision, WEC Administrator Meagan Wolfe held a press conference in which she said voters should deliver the ballots themselves, causing concern in the disability community. Law Forward filed a motion against WEC and Wolfe in late July on behalf of four Wisconsinites with disabilities who require a third party to help them vote. One plaintiff, Timothy Carey, has Duchenne muscular dystrophy and must power a wheelchair with his mouth. Another claimant is paralyzed from the neck down. “The disability community has worked long and hard for recognition, respect and inclusion at every level of society. full access to their rights; and the best possible quality of life,” the complaint states. “Ballot access is an essential tool in this effort: voters with disabilities have a particularly strong interest in who leads our government, even though they face particularly daunting barriers to voting for their government representatives.” Law Forward said about 9.5 percent of Wisconsin residents ages 18 to 64 have a disability, underscoring the need to provide them with equal access under the VRA. In the complaint, they argued that the rule violated not only the VRA but also the Americans with Disabilities Act and the plaintiff’s First Amendment and 14th Amendment rights. Appeals court rules Trump administration’s two Gulf lease sales illegal Federal court cancels upcoming hearing on Trump lawyer’s phone possession In addition to violating the VRA, Judge Peterson dismissed these claims as without merit. It also ruled only for voters with disabilities, meaning other voters must return the ballots themselves, according to the Wisconsin Supreme Court ruling. Peterson wrote in his opinion that the WEC clearly violated the rights of state residents with disabilities by forcing them to vote without third-party assistance. “The Voting Rights Act is clear: voters with disabilities who need assistance in returning an absentee ballot have the right to request that assistance from a person of their choice,” the judge wrote.