Early Voting/Permanent Absentee Voting Overturned by DE Supreme Court
The Delaware Supreme Court has vacated a Superior Court ruling from February that struck down early voting and Delaware’s 14 year old permanent absentee law. Attorney General Kathy Jennings moved to appeal the ruling and the Supreme Court ruled 5 to 0 that the plaintiffs – Representative Gerald Hocker and Michael Mennella, who were represented by Attorney Jane Brady, lacked standing to bring the case.
A statement from House Minority Whip Lyndon Yearick:
“The High Court sidestepped the core question of constitutionality by throwing out the lower court’s ruling on ‘standing,’ said House Minority Whip Lyndon Yearick (R-Camden, Wyoming). “As the justices explained, ‘standing’ simply determines who can bring a legal challenge, not the merits of the case. This is frustrating because the constitutionality issue was our sole concern. We support early voting. In fact, immediately after the Superior Court issued its decision in late February, I introduced House Bill 320 to swiftly restore it. Senate Minority Leader Gerald Hocker (R-Ocean View), a plaintiff in this case, was also a prime sponsor of HB 320. However, the Democrat-controlled House Administration Committee stalled the bill for nearly four months without a hearing.”
Comments from Andrew Bernstein, Cozen Voting Rights Fellow at ACLU-DE, in a release:
“The Delaware Supreme Court’s decision to reverse the opinion of the Superior Court temporarily protects thousands of voters, particularly those historically disenfranchised, who will be able to cast their ballots freely and fairly in 2024,” said Andrew Bernstein, Cozen Voting Rights Fellow at ACLU-DE. “However, we are disappointed that the Delaware Supreme Court was unable to rule on the merits of the laws. Simply put, this is a Band-Aid, not a more comprehensive vindication of our methods of exercising our most fundamental right.”
“These laws remain vulnerable. We know anti-democratic interests will continue to challenge laws that expand access to the ballot. Therefore, the ACLU of Delaware remains committed to ensuring that Delaware’s constitution advances our most fundamental right for every eligible voter to have their voice heard at the ballot box, which is why we launched the Every Vote Counts campaign, a long-term constitutional amendment campaign to ensure ALL Delawareans the right to vote,” said Bernstein.
Governor John Carney on Friday issued the following statement on the Delaware Supreme Court’s ruling in favor of absentee and early voting:
“I’ve always believed that we should make it easier, not harder, for Delawareans to exercise their fundamental right to vote. I’m pleased that the Supreme Court has unanimously confirmed that Delaware can continue with permanent absentee voting and early voting. I want to thank the Attorney General for her efforts to ensure that Delawareans have their voices heard.”
