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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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.

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.