Justice Department Sues Wisconsin Townships to Ensure Accessible Voting

The Justice Department announced today that is has filed a complaint against the Town of Thornapple, Wisconsin, and the State of Wisconsin for violations of Section 301 of the Help America Vote Act (HAVA), which requires polling places to be equipped with at least one voting machine that is accessible to voters with disabilities during federal elections. The department also secured an agreement with the Town of Lawrence, Wisconsin, to resolve its complaint alleging HAVA violations.

“Our democracy works when voters with disabilities have the right to vote on the same terms as any other voter,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By failing to offer accessible voting systems, Thornapple and Lawrence shirked their responsibilities under the Help America Vote Act to provide equal access to the ballot for all voters. We must ensure that all Wisconsin towns, and indeed all jurisdictions throughout our country, fulfill their duty to guarantee all voters equal access to the ballot. We commend Lawrence for working with the Justice Department to swiftly remedy this violation by taking simple action to ensure that federal elections are accessible to all eligible voters.” 

“Ensuring equal voting access to all citizens, including those voters with disabilities, is a priority of this office,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “We’re pleased that the representatives of the Town of Lawrence agreed to remedy the violations of federal law, and we will continue to work to protect and vindicate the voting rights of voters with disabilities in Wisconsin.”

Congress passed HAVA in 2002 in part to make in-person voting more accessible for voters with disabilities. Among other things, Section 301 of HAVA requires that each polling place used for federal elections provide at least one voting system that provides voters with disabilities the same opportunity for access and participation as other voters are provided, including the same opportunity to cast ballots privately and independently.

The complaint alleges that Thornapple and Lawrence violated HAVA by deliberately failing to make accessible voting machines available to voters in certain 2024 federal elections. Specifically, the department alleges that Thornapple violated Section 301 of HAVA by failing to make available at least one accessible voting machine during Wisconsin’s April 2 and Aug. 13 federal primary elections. It also alleges that Lawrence failed to provide an accessible voting machine during the April federal primary election. Both the Thornapple and Lawrence Town Boards voted in 2023 to stop using the accessible voting machines the towns had previously used. Thornapple has neither revisited nor reversed that decision. Lawrence reversed its decision on Sept. 9 as part of its agreement with the department. The complaint alleges that the State of Wisconsin did not ensure that every polling place within the state was accessible to voters with disabilities, as required by federal law. 

Under the department’s agreement with Lawrence, which is subject to court approval and was filed in conjunction with the complaint, Lawrence will make an accessible voting machine available at every polling place operated by the town in subsequent federal elections and will train its election and municipal staff on the operation of such equipment. The proposed consent decree resolves claims only against Lawrence; litigation against Thornapple and the state will proceed.

The department also filed a motion for immediate injunctive relief against the Town of Thornapple to remedy the violations of HAVA. Among other things, the department’s motion requests an order requiring Thornapple to ensure that, during the Nov. 5 federal general election, every Thornapple polling place has at least one accessible voting machine.

More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Learn more about HAVA and other federal voting laws at www.justice.gov/crt/voting-section. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931.