Delaware Attorney General vows to appeal Superior Court’s ruling on voting

WILMINGTON, Del. – The Delaware Department of Justice (DOJ) announced Tuesday that it intends to aggressively appeal the Superior Court’s recent ruling that no-excuse-absentee voting and early voting is unconstitutional.

The Delaware Superior Court handed down the decision Friday finding that the early voting law and no-excuse-absentee voting was in violation of the state’s constitution.

The court’s ruling sent shockwaves across the First State with elected officials on both sides of the aisle weighing in on the issue.

Delaware’s Attorney General Kathy Jennings added her voice to the chorus of those against the decision at a press conference in Wilmington on Tuesday afternoon where she condemned the court’s decision and vowed to appeal it.

“I have directed the Department of Justice to take all necessary steps to appeal the Superior Court’s ruling,” Attorney General Jennings explained. “We will file our appeal quickly and intend to request a decision from the Delaware Supreme Court.”

Attorney General Jennings also urged lawmakers to support efforts to expand voting rights through constitutional amendments, beginning with Senate Bill 3, legislation that would do just that.

“We respectfully but fundamentally disagree with this ruling and will appeal,” Attorney General Jennings said. “No idea that requires silence to survive has any place in a democracy. But that is precisely the fight we’re having: in statehouses and courthouses alike, extremists are trying to empower losing ideas by eroding the right to vote itself.”

In the last election, 56,000 Delawareans used early voting and roughly 21,000 — including veterans, the disabled, and caregivers — used permanent absentee ballots. If it withstands appeal, Friday’s ruling would impact all of them in the November general election, according to the DOJ. The ruling does not impact the April 2 presidential primary.

The ruling applies only to Delaware’s general elections and not to primary elections or any special elections due to the language of the state’s constitution. Still, Attorney General Jennings vowed to fight aggressively to have the ruling reversed.

“Regardless of your party, where you live, or how you vote, you deserve every chance to exercise that right,” Attorney General Jennings said. “Whether you voted for me or not, this is your right and I will never stop fighting for it.”