The conservative 2nd District Court of Appeals has overturned a Dane County judge’s order that sought to require election clerks to email absentee ballots to those with disabilities.
The Waukesha-based appeals court had already stayed Judge Everett Mitchell’s temporary injunction in August, meaning it wasn’t in place for the November election.
In 2011, state law was changed to only allow military and overseas voters may receive absentee ballots electronically.
Wisconsin has a four-part test for issuing a temporary injunction that includes a requirement that the order would be necessary to preserve the status quo.
The 2nd District on Wednesday found Mitchell appeared to erroneously believe the status quo was the standard before the 2011 law change on who could receive an absentee ballot electronically.
Mitchell’s June order meant those who self-certify that they have a print disability wouldn’t have to request an absentee ballot from their local clerks through the mail. He defined someone with a print disability as being unable to independently read and/or mark a paper absentee ballot. That includes due to blindness or a physical disability that impairs manual dexterity.
The 2nd District called that a “very questionable remedy” that needed further litigation to prove if it was workable and legal.
Senate Majority Leader Devin LeMahieu, R-Oostburg, praised the ruling, saying that “allowing courts to decide who can vote from home, usi
