The U.S. Justice Department has filed lawsuits against two rural Wisconsin towns, sparking a debate over voting accessibility for individuals with disabilities.
The towns of Lawrence and Thornapple face legal action for allegedly violating federal voting laws by switching to paper ballots, which the Biden-Harris administration claims failed to provide adequate voting access for disabled voters, as Just the News reports.
Lawrence, a small town of 301 people, has settled with the Justice Department after agreeing to reverse its decision to use only paper ballots. The town had moved away from electronic voting systems earlier this year, prompting the lawsuit under the Help America Vote Act (HAVA). Thornapple, however, continues to defend its decision to exclusively use paper ballots, resisting federal pressure.
In June 2023, the Town Board of Thornapple, a community of 721 people, voted to discontinue the use of Dominion Voting Systems’ ImageCast Evolution machine, opting for paper ballots instead. The Justice Department alleges this decision prevents voters with disabilities from having the same voting access as others, which is required under Section 301 of HAVA. According to the lawsuit, the town failed to provide at least one voting system for individuals with disabilities at each polling location.
Thornapple has remained firm in its stance, arguing that the town complies with legal requirements by assisting disabled voters directly. Represented by the America First Policy Institute (AFPI), the town’s defense has centered on the argument that Wisconsin law does not mandate voting machines in municipalities with populations under 7,500. The town’s legal team is pushing for the lawsuit to be dismissed, contending that Thornapple has the right to determine its own voting practices under state law.
While Thornapple continues to defend its use of paper ballots, Lawrence has chosen a different path. After discussions with the Justice Department, Lawrence officials agreed to a consent decree to ensure compliance with HAVA. The town rescinded its January 2023 decision to abandon electronic voting machines and will now provide accessible voting systems at each polling place in federal elections.
The settlement reached last Friday requires Lawrence to use at least one direct-recording electronic voting system or an equivalent that meets federal accessibility standards. U.S. Attorney Timothy M. O'Shea applauded Lawrence’s willingness to resolve the issue, stating that the town’s action demonstrates its commitment to ensuring all citizens, including those with disabilities, can vote with ease.
The agreement, once approved by the court, will remain in effect until Dec. 31, 2028. The DOJ will oversee compliance during this period, ensuring that Lawrence fulfills its obligations under federal law. In contrast, Thornapple’s refusal to settle leaves it as the only defendant in the ongoing lawsuit.
Thornapple’s decision to rely solely on paper ballots has sparked more than just the federal lawsuit. Two separate complaints have been filed with the Wisconsin Elections Commission (WEC). One complaint, lodged by the chair of the Rusk County Democratic Party, Erin Webster, argues that Thornapple failed to obtain proper authorization before eliminating its voting machines.
Another complaint, filed by Disability Rights Wisconsin, calls for immediate action to ensure accessible voting options are in place before the November election. Disability advocates have expressed concern that the current system disenfranchises voters with disabilities, particularly those who may struggle to vote using paper ballots.
Kristen Clarke, assistant attorney general for the DOJ’s Civil Rights Division, has emphasized the importance of ensuring equal access to voting. She noted that the DOJ would continue to take action against towns like Thornapple that fail to provide equal voting opportunities for all citizens.
As the legal battle continues, Thornapple remains steadfast in its decision to reject electronic voting machines. AFPI has filed a motion to dismiss the DOJ’s lawsuit, arguing that Thornapple’s population size exempts it from federal requirements under HAVA.
Lawrence’s settlement signals a shift toward compliance with federal laws, but Thornapple’s resistance has brought national attention to the issue of voting accessibility for individuals with disabilities. With additional complaints filed and the DOJ pressing for action, the town of Thornapple faces a long legal road ahead as it continues to defend its choice to use paper ballots.
