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Lawsuit seeks to allow disabled Wisconsin voters to cast ballots electronically

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Lawsuit seeks to allow disabled Wisconsin voters to cast ballots electronically


MADISON – Four Wisconsin voters with disabilities who cannot read or mark ballots independently are suing the state elections commission in order to vote secretly by receiving and returning absentee ballots electronically.

The four voters, in conjunction with Disability Rights Wisconsin and the liberal-leaning League of Women Voters, filed a lawsuit in Dane County Circuit Court Tuesday that argues their right to a secret ballot has been disenfranchised because each are unable to receive and mark ballots independently.

“Voters whose disabilities prevent them from voting absentee without an accessibility device are therefore presented with a choice that individuals without disabilities are not: forgo voting by absentee ballot, or relinquish their constitutional right to vote privately,” attorneys for the plaintiffs wrote in the complaint filed Tuesday.

The lawsuit could change the landscape of voting for residents with disabilities just four months ahead of the August primary election, possibly requiring state election officials to work quickly to implement a judge’s ruling should the courts agree.

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More: ‘They’re infringing on my right to vote’: Wisconsin Supreme Court order makes it harder for those with disabilities to vote

The voters, who are either blind or have disabilities that prevent them from being able to mark ballots by themselves, are asking a judge to declare unconstitutional the state’s prohibition on “allowing absentee ballots to be privately and independently sent, marked and returned by electronic means by voters with disabilities.”

Current law allows ballots to be transmitted electronically to voters in the military or overseas electors. All other voters must receive absentee ballots by mail and return them by mail, or to their local election clerk. The plaintiffs argue this violates their right to vote privately because they must rely on the assistance of others to mark their ballots.

“… due to their disabilities, (each) is coerced into choosing an assistant to help them vote. Each (wishes) to keep their votes secret. Each cannot do so. Each must choose between revealing their vote to an assistant, including one who they may not trust to accurately vote their ballot, or forgoing absentee ballot voting altogether,” the lawsuit argues.

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The plaintiffs argue the rules for voters with such disabilities also violates the Americans with Disabilities Act and the Rehabilitation Act. Similar lawsuits have been filed in California and Alabama and have yet to be decided.

In 2016, a federal judge overturned a Wisconsin lower court’s ruling providing similar relief but to voters who were overseas for school, research or travel. It did not address voters with disabilities, according to the plaintiffs’ attorneys.

This story will be updated.

Molly Beck can be reached at molly.beck@jrn.com.



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Wisconsin

Wisconsin vs. Michigan Game Thread: Can’t let this one slip early

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Wisconsin vs. Michigan Game Thread: Can’t let this one slip early


The Wisconsin Badgers are taking on the No. 2 Michigan Wolverines on the road on Saturday, with tip-off set for 12:00 p.m. at the Crisler Center on CBS.

Wisconsin has seen some ups and downs this season, failing to secure a Quad 1 win through 15 games, as they’ve gone 0-5 in those opportunities. The team did pick up a nice win at home over the UCLA Bruins earlier this week, using a huge start to stay on top 80-72.

That got Wisconsin to 10-5 and added their third Quad 2 win of the season, but no matchup so far will compare to what the Badgers will face against the Michigan Wolverines, who have started 14-0 this season. Michigan has dominated its competition so far. They’ve beaten three ranked teams so far, and the lowest margin of victory in those games was 30 points.

But the Wolverines did face some trouble earlier this week, narrowly beating the 9-6 Penn State Nittany Lions 74-72 on the road.

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Heading into Saturday, the Badgers are seen as 19.5-point underdogs, easily their biggest spread of the season as an underdog. Can they find a way to keep this one competitive?

Join us as our game thread is officially open for Saturday’s game!



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Eli McKown’s rapid reactions from Iowa wrestling victory vs. Wisconsin

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Eli McKown’s rapid reactions from Iowa wrestling victory vs. Wisconsin


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IOWA CITY — Iowa wrestling rallied to defeat Wisconsin 23-12 in a Big Ten Conference dual at Carver-Hawkeye Arena.

The Hawkeyes finished with four consecutive wins from 157 to 184, including a pair of pivotal technical falls from Michael Caliendo and Angelo Ferrari.

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In the video above, Hawk Central wrestling reporter Eli McKown offers up some instant analysis from Iowa’s victory. Up next, Jan. 16 at home against Penn State.



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Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness

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Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness


MADISON, Wis. — A Wisconsin teen who killed a prison guard during a fistfight pleaded guilty to homicide Friday but contends he doesn’t deserve prison time because he was mentally ill and not responsible for his actions.

Javarius Hurd, 17, entered a plea of guilty/not guilty by reason of mental disease or defect to one count of second-degree reckless homicide in connection with Corey Proulx’s death, online court records show. He also pleaded guilty to one count of battery by a prisoner. Prosecutors dropped a second battery count in exchange for the pleas.

The next step for Hurd will be a February trial in which jurors will determine whether he should be sentenced to prison or committed to a mental institution. Jurors will be asked to determine whether Hurd was indeed suffering from a mental disease at the time of the fight and, if so, whether the mental disease impaired his ability to act within the law.

“Javarius entered into a plea agreement that partially resolves the case involving the sad and tragic death of (Proulx),” Hurd’s attorney, Aaton Nelson, said in an email to The Associated Press. “Javarius, who has had a life filled with trauma and suffering, realizes that nothing will compensate the victims for their loss and suffering. We hope that this agreement will help all those suffering with their healing.”

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According to court documents, Hurd was incarcerated at the Lincoln Hills-Copper Lakes School, the state’s youth prison in far northern Wisconsin, in June 2024.

He grew upset with a female counselor whom he felt was abusing her powers, threw soap at her and punched her. Hurd ran into the courtyard and Proulx followed to stop him. Hurd punched Proulx several times and Proulx fell, hit his head on the pavement and later died. Hurd was 16 at the time but was charged in adult court.

Another inmate at the youth prison, Rian Nyblom, pleaded guilty to two counts of being a party to battery in connection with the incident and was sentenced to five years in prison this past August.

According to prosecutors, Nyblom knew that Hurd was upset with the female counselor and wanted to splash her with conditioner and punch her. About 15 minutes before the fighting began, he got extra soap and conditioner from guards and secretly gave it to Hurd. Nyblom told investigators that he didn’t see Hurd attack the female counselor but watched as Hurd punched Proulx.

Lincoln Hills-Cooper Lake is Wisconsin’s only youth prison. The facility has been plagued by allegations of staff-on-inmate abuse, including excessive use of pepper spray, restraints and strip searches.

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The American Civil Liberties Union filed a federal lawsuit in 2017 demanding changes at the prison. Then-Gov. Scott Walker’s administration settled the following year by agreeing to a consent decree that prohibited the use of mechanical restraints like handcuffs and the use of pepper spray.

Proulx’s death sparked calls from Republican lawmakers and from Lincoln Hills-Copper Lakes staff for more leeway in punishing incarcerated children, but Democratic Gov. Tony Evers rejected those calls, insisting conditions at the prison have been slowly improving. A court-appointed monitor assigned to oversee the prison’s progress reported this past October that the facility was fully compliant with the consent decree’s provisions for the first time.

Legislators have been trying to find a way to close the facility for years and replace with it with smaller regional prisons. Those prisons remain under construction, however, and Lincoln Hills-Copper Lake continues to operate.



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