Town that got rid of voting machines agrees to make them available for voters with disabilities

Under a settlement in a federal lawsuits a northern Wisconsin town has agreed to make voting machines available that can help people with disabilities cast a ballot. (Photo by Isiah Holmes/Wisconsin Examiner)
A Rusk County community that more than two years ago rejected the use of electronic voting machines has agreed to provide them so people with disabilities can vote in federal elections.
The agreement, signed in federal court in Madison earlier this month, ends a lingering legal dispute over voter access in the northern Wisconsin town of Thornapple that prompted a federal investigation.
The case underscores the importance of provisions in the federal Help America Vote Act, enacted in 2002, which includes voting rights guarantees for people with disabilities, according to Lisa Hasenstab, public policy manager for Disability Rights Wisconsin.
“Access to accessible voting is something that is not always a top priority in the mix of everything that has to happen for elections,” Hasenstab told the Wisconsin Examiner on Tuesday. “But it is the law. It’s federal law. and state law as well, that accessible means of voting be provided at every polling place. If at even one polling place that option is not provided, that is a violation of voters’ rights.”
Hasenstab said a variety of voting machine systems include provisions tailored to people with disabilities who have difficulty marking paper ballots. Systems also include headphones for voters who can’t see, so they can listen to the names of candidates on their ballots.
The Help America Vote Act requires every polling place to include such machines for people who need them, and any voter is able to use them, Hasenstab said.
Thornapple Town Chairman Tom Zelm declined to tell the Wisconsin Examiner in a phone conversation Tuesday why the town had stopped using voting machines and said he would have no comment on the settlement that the town and the U.S. Department of Justice signed in federal court on Dec. 12.
According to a May 13, 2024, report in the Milwaukee Journal Sentinel, the Thornapple town board voted in June 2023 to stop using electronic voting machines and use only paper ballots.
That same summer, Douglas Frank — profiled in the Los Angeles Times as a purveyor of “baseless claims about suspicious voting trends and secret algorithms used to steal elections” — visited the area, giving talks that stoked conspiracy theories about voting machines, according to several published reports.
After the April 2024 Wisconsin presidential preference primary, a local Democratic Party activist called another town board member to complain about the absence of voting machines that could be used by some people with disabilities. She recorded the call, in which the board member repeated false claims that the 2020 presidential election was stolen from Donald Trump and blamed voting machines. The activist then posted the recording on YouTube.
DOJ lawyers wrote to the town’s chief election officer on May 7, 2024, referring to reports received by the department that the town board “may have voted to remove all electronic voting machines in all elections,” including presidential primary.
The DOJ letter stated that some voters with disabilities had reported their requests to use accessible voting machines in the primary election were not granted. It quoted the Help America Vote Act’s requirement for all polling places to include systems that enable voters with disabilities to cast their ballots.
The Lawrence Town Board in Brown County also passed a measure in 2023 to stop using voting machines. Lawrence reversed its decision Sept. 9, 2024, according to DOJ, and signed an agreement with the feds to comply with HAVA.
Thornapple did not reverse its voting machine ban, and DOJ sued the town. That October a federal judge issued an injunction, requiring the town to use accessible voting machines in the November 2024 election.
Separately, the Wisconsin Elections Commission ordered the town and its elections clerk to “take affirmative steps” and comply with Wisconsin’s law that also requires accessible electronic voting equipment at polling places to accommodate people with disabilities.
The town appealed the federal court injunction, losing before the 7th Circuit Court of Appeals in July.
Under the Dec. 12 settlement, Thornapple and the town’s election officials “will ensure their voting systems are accessible to people with disabilities as required by HAVA.” The deal requires the town to use an electronic voting system “or other voting system equipped for individuals with disabilities at each polling place in the state, for each election for federal office.”
Town officials are also required to be trained on how to implement accessible voting systems that comply with HAVA, to keep the equipment in working order and provide all software and other updates. The deal also requires them to certify after every federal primary and general election that they have complied with the agreement.
Because the cases was originally pursued by the DOJ in the last year of President Joe Biden’s term, Hasenstab acknowledged that voting rights advocates watched the progress of the case with some concern after President Donald Trump took office and began reversing many Biden administration policies.
“We did have some nervousness that they wouldn’t pursue a final resolution to the case,” Hasenstab said Tuesday. “We’re pleasantly surprised that an agreement ended up being reached and that the Department of Justice stuck with that case.”
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