Elections

Finally, good news from a Court.

The Delaware Supreme Court struck down a lower court ruling Friday that barred early voting and permanent absentee voting in the state.

Lawmakers passed a law in 2019 that allowed 10 days of early voting beginning in 2022. The permanent absentee law was approved in 2010.

In a 5-0 ruling, the state’s top court ruled that the plaintiffs lacked standing to sue. The Plaintiffs, the Public Interest Legal Foundation filed a lawsuit in 2022 against the state elections commissioner and Department of Elections on behalf of an inspector of elections and Republican Senate Minority Leader Gerald Hocker.

The court decided that because the plaintiffs could not prove they would be harmed by the laws, it did not have to rule on the merits of the case. Earlier this year, the lower court had struc down the early voting and permanent absentee voting laws as violating the Delaware Constitution.

Senate President Pro Tempore Dave SokolaSenate Majority Leader Bryan Townsend, and Senate Majority Whip Elizabeth “Tizzy” Lockman issued a joint statement today following the Delaware Supreme Court’s unanimous decision to reinstate early voting and permanent absentee voting for the 2024 election cycle:

“We are grateful to the Delaware Supreme Court for handing down a ruling on this appeal in time for the Delaware Department of Elections to restore early voting and permanent absentee voting in time for the upcoming primaries and general election.

Voters never should have experienced this level of confusion about their voting rights.

The Delaware General Assembly enacted early voting in 2019 and permanent absentee voting in 2010 with support from both Democrats and Republicans, including one of the plaintiffs in this case who co-sponsored the legislation that created permanent absentee voting 14 years ago.

That’s because there was once widespread agreement that Delawareans deserve options for how they can participate in our democracy.

We are pleased the Delaware Supreme Court today removed this immediate roadblock to ensure this fall’s elections will continue to provide secure voting options to Delawareans.”

House Speaker Valerie Longhurst, House Majority Leader Melissa Minor-Brown, and House Majority Whip Kerri Evelyn Harris issued the following statement:

“Today’s announcement from the Delaware Supreme Court protects the fundamental rights of our citizens. Accessible voting is the cornerstone of our democracy and thousands of Delawareans depend on early or absentee voting to exercise their constitutional right to participate in our electoral process.

“Both early and permanent absentee voting have proved to be incredibly popular and secure, improving access for our most vulnerable residents, including low-income workers, those with disabilities, the elderly, and working families. 

“As the Supreme Court noted in their decision, absentee voters have enjoyed the right to request permanent absentee status for nearly 15 years. Meanwhile, data from the 2022 election shows that more than 55,000 Delawareans took advantage of early voting during the first election cycle it was available. 

“We commend Attorney General Jennings for successfully standing up for the voting rights of Delawareans and thank her for her leadership in ensuring that every eligible Delawarean has the opportunity to vote without undue barriers or restrictions.

“While this decision is indeed a victory for Delaware voters, it also underscores the need for continued efforts to enshrine these voting rights in our state constitution, providing residents with the confidence and security they deserve knowing their ability to cast their vote will not be subject to any future uncertainty.

“House Democrats have consistently championed measures to make it easier and more convenient for residents to vote, and we will continue to advocate for these critical changes to our electoral laws.”

Delaware politics from a liberal, progressive and Democratic perspective. Keep Delaware Blue.

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