Delaware Court Strikes Down Permanent Absentee Voter List and Early Voting Laws as Unconstitutional, Affecting Tens of Thousands for 2024



Today’s Script

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You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

A Delaware Superior Court judge struck down two early voting laws Feb. 23rd affecting tens of thousands of voters who were approved for a permanent absentee ballot list, and those who choose to vote early in-person. 

Democracy Docket reports that the lawsuit was brought by a state GOP chair and the conservative Public Interest Legal Foundation in 2022.  They argue that Delaware’s constitution allows only one day of voting, not the 10 days of early voting passed in 2019 and implemented in 2022.  Over 55,000 people voted early in the last midterm election – 7% of ballots cast.

In his opinion, Judge Mark Connor wrote, “Our Constitution provides only one such day, not any day or series of days the General Assembly sees fit.”

The GOP plaintiffs also contested a permanent absentee ballot request list passed in 2010, for which voters can qualify if disabled, a state employee, active military, or a caregiver.   The permanent absentee list was passed with a bipartisan vote, and now has more than 20,000 signed up.   

Judge Connor noted that this law, too, ran afoul of the state constitution, because it added a voter to a permanent list without verifying future eligibility.

While the state attorney general says she will appeal, Delawareans needing to vote by absentee should prepare to reapply for upcoming elections.

For details, visit AmericanDemocracyMinute.org.  I’m Brian Beihl

Today’s Links

Articles & Resources:
Delaware Public Media – (2022) Early voting wraps up in Delaware with one county outpacing the rest
Delaware Superior Court Decision –  OPINION AND ORDER 

Democracy Docket – Delaware Court Strikes Down Permanent Absentee and Early Voting Laws
WHYY – Delaware attorney general vows to fight court ruling that halts early voting and permanent absentee voting
Delaware Election Commission – Absentee Ballot Application (Pre-Decision)

Groups Taking Action:
Common Cause Delaware, Delaware Voting Rights Coalition


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