Delaware is working through its election system. While laws have been in place, some in power seek to overthrow what is legal and what is not. While we may see Delaware as a small state, each vote matters. This is what happened.
A Delaware court ruled that state laws on early and permanent-absentee voting contradict its state constitution [1].
Election Day
The state’s Superior Court ruled Friday that a 2019 law passed by the state legislature allowing ten days of early voting violates the state constitution, which states that the General Election will be held one day.
Absentee Voting
The court also found that the state’s Permanent Absentee Voting Statute violates state law by allowing voters to be placed on a permanent absentee voting list where ballots would automatically be sent to them when they are no longer a state resident..
Legal Opposition
The voting laws were challenged in court by the Public Interest Legal Foundation. The group first brought the lawsuit in 2022 on behalf of Michael Mennella, an inspector of elections for the Delaware Department of Elections.
Further Strikedowns
The foundation also brought and won a lawsuit in the state Supreme Court on behalf of Mennella in 2022. Legislators tried to allow same-day voter registration and universal vote-by-mail. However, the state’s high court ruled that the law also violated the state’s constitution.
As a warning to other states, a statement went out declaring that
States cannot pass election laws that conflict with their state constitution. This decision is a win for the rule of law [2].
While many discrepancies in elections did occur in the past two nationwide elections, courts are still deciding on what is right and legal.
Notes:
- ^ {Delaware court rules permanent absentee, early voting laws violate state constitution} (go back ↩)
- ^ {Delaware court rules permanent absentee, early voting laws violate state constitution} (go back ↩)
