The Delaware Supreme Court unanimously ruled on June 28 that the option to vote in-person 10 days ahead of Election Day and to vote by absentee ballot indefinitely will remain available to voters in Delaware this year. The highest court vacated a lower court’s ruling that found both practices unconstitutional in a case brought by Delaware Republican Party chairwoman Jane Brady and the Public Interest Legal Foundation (PILF).
The dispute centered around two election laws in Delaware. One law, enacted in 2019, allows for at least 10 days of early in-person voting prior to Election Day, while the other law, enacted in 2010, grants certain qualified voters a “permanent absentee” status. Brady and PILF sued the state, claiming that these laws violate the Delaware Constitution.
In their ruling, the five-justice panel of the Delaware Supreme Court sided with the state, stating that neither Brady nor PILF had standing to sue. The justices found that the plaintiffs failed to demonstrate how the votes of those who vote early or have permanent absentee voting status would harm them differently than other voters across Delaware, calling it a “paradigmatic generalized grievance.”
The court did not address the merits of the challenged laws, which PILF argued conflict with the state constitution’s mandate for one Election Day. The organization contended that the 2022 law disregards the constitutional requirement to consider one’s eligibility to vote by mail in each subsequent election.
In late February, the Delaware Superior Court had struck down both laws as unconstitutional, but the state, represented by Attorney General Kathy Jennings, appealed to the Delaware Supreme Court. Jennings welcomed the court’s ruling as a victory against “partisan attempts to suppress votes.”
Democratic lawmakers also praised the decision, emphasizing the importance of secure voting options for Delawareans in the upcoming elections. PILF President J. Christian Adams highlighted that the ruling was based on a lack of standing, underscoring the significance of ensuring that elections follow the law.
