Delaware Supreme Court unanimously votes to keep early and absentee voting rights

DELAWARE – In a unanimous vote, the Delaware Supreme Court has ruled that Delawareans will retain the right to early voting and permanent voting in all primary, general, and special elections.

In February, a Superior Court judge issued a surprise ruling that struck down early voting and the state’s 14-year-old permanent absentee law. The permanent absentee law passed the General Assembly unanimously, however, Attorney General Jennings immediately moved to appeal the ruling.

In a 5-0 court ruling on Friday, the Court found that then-Rep. Gerald Hocker, the plaintiff in the Superior Court case, and co-plaintiff Michael Mennella, lacked standing to bring the case.

“Enough of these thinly-veiled partisan attempts to suppress votes — especially of our most vulnerable citizens,” said Attorney General Jennings. “Whether you voted for me or not, this is your most fundamental right, and I promised never to stop fighting for it. I’m grateful to the Court for its ruling and for agreeing to hear this case on an expedited basis so that Delawareans know their rights going into the September and November elections.”

In the last election, 56,000 Delawareans used early voting, and roughly 21,000, including veterans, the disabled, and caregivers, used permanent absentee ballots.