BREAKING & UPDATED: DE Superior Court Judge Finds DE Early Voting Statute & Permanent Absentee Voting Statute Unconstitutional
The Superior Court Judge Mark Conner has denied State Election Commissioner and the Delaware Department of Election request to dismiss a complaint filed by the Plaintiffs – Michael Mennella and State Senator Gerald Hocker. The Plaintiff’s complaint has two claims – that Delaware’s Early Voting Statute violates Article V, Section 1 of the Delaware Constitution and that Delaware’s Permanent Absentee Voting Statute violates Article V, Section 4-A of the Delaware Constitution.
Judge Conner in his Opinion found that the Plaintiffs have proven by clear and convincing evidence that the challenged statutes violate the Delaware Constitution. He also stated that when there is a “conflict between the Constitution and a statute, the Constitution will prevail.” Judge Conner in his closing statement said that the “enactments of the General Assembly challenged today are inconsistent with our Constitution and therefore cannot stand.”
Jane Brady was one of the Attorneys for the Plaintiffs. She will be on the air with Mike Bradley Monday morning at 7:20. It’s likely this opinion will be appealed.
| Statement from Congresswoman Lisa Blunt Rochester on Delaware Superior Court Decision to Remove Early Voting |
| WILMINGTON, DE – In response to a ruling by the Delaware Superior Court yesterday that strikes down laws permitting early voting and permanent absentee voting in Delaware, Congresswoman Lisa Blunt Rochester released the following statement: “Yesterday’s Delaware Superior Court decision is another reminder of where we are at this moment — no matter where you live in our country, Republican extremists will stop at nothing to attack our access to the ballot box. “Trapped in the balcony overlooking the House floor when insurrectionists attacked our Capitol on Jan. 6., I saw firsthand how fragile our democracy is — and how one man’s obsession with power almost overturned the will of the American people. Make no mistake, there is a throughline from yesterday’s ruling and that dark day for our nation: a toxic blend of politics that seeks to subvert our elections. “Today is an urgent reminder that we need federal voting rights protections. Free, fair, and more accessible elections make a stronger democracy. I will stop at nothing to protect it. It’s fundamental to who we are as Americans.” |
A Statement from House and Senate Republican Leaders Concerning the Recent Superior Court Ruling on Early Voting
Last Friday, the Delaware Superior Court handed down a decision finding Delaware’s early voting law to be in violation of the state constitution.
Many House and Senate Republicans raised the unconstitutional nature of the legislation, House Bill 38, when it was debated in 2019. Unfortunately, our objections fell on deaf ears.
To be clear, we take no issue with in-person early voting. It is a convenience that many Delawareans have embraced and has been accepted by voters nationwide. In 2022, about 28% of all Delaware voters cast their ballot prior to Election Day. Until Friday’s ruling, Delaware was one of 46 states that offered early in-person voting.
Our main objection to the statute was that it violated the state constitution. We applaud the court for validating the arguments we made five years ago.
During the upcoming House of Representatives’ prefile on Thursday, we will be introducing a constitutional amendment to correctly implement the form of early voting that Delawareans used in the last election cycle, taking care to address the court’s objections.
State Senate Minority Leader Gerald Hocker (R-Ocean View), who was a party of the lawsuit that successfully overturned the flawed and unconstitutional early voting law, will be a prime sponsor of the new measure. Joining him will be the other members of the House and Senate Republican leadership.
We hope all legislators on both sides of the aisle will join us in support of this measure and enacting early voting that is legally sound and compliant with our state constitution.
State Sen. Gerald Hocker
State Sen. Brian Pettyjohn
State Rep. Mike Ramone
State Rep. Lyndon Yearick
House Democratic Caucus Leadership Statement on Delaware Superior Court Ruling on Voting
DOVER-In response to the Delaware Superior Court decision regarding early voting and permanent absentee voting, House Speaker Valerie Longhurst, House Majority Leader Melissa Minor Brown, and House Majority Whip Kerri Evelyn Harris issued the following joint statement:
“The decision from the Delaware Superior Court is profoundly disappointing for us and all advocates of voting rights.
“Restricting early and permanent absentee voting will directly impact the ability of parents, low-income workers, shift workers, those with disabilities, and the elderly, to have their voices heard as personal schedules and needs don’t always align with the state’s predetermined voting day. For this reason, these two methods of voting have proved to be incredibly popular and effective, improving access and opportunities for all voters to exercise their constitutionally protected right.
“At a time when voting rights across the nation are under attack, Delaware Democrats have steadfastly supported measures that would ultimately make it easier and more convenient for residents to vote and we will continue to push for these critical changes to our electoral laws. This decision reinforces the urgency of our past efforts to amend Delaware’s Constitution for voting and underscores the importance of continuing to advocate for voter protections at the federal level.”
