The Delaware Supreme Court has overturned a lower court ruling that invalidated in-person early voting and permanent absentee voter registration, allowing these systems to return for the 2024 election cycle. This decision comes after the lower court ruled earlier this year that the state laws enabling these practices conflicted with the state’s constitution. The Department of Elections has confirmed that early, in-person voting and absentee voting, including permanent absentee registration, will be available for the upcoming state primary and general election.
The lawsuit that prompted the initial ruling was brought by conservative interests, but was appealed by Delaware Attorney General Kathleen Jennings, who called the challenges to the state’s voting laws “thinly-veiled partisan attempts to suppress votes.” The Supreme Court’s ruling was based on the plaintiffs not having proper standing to challenge the state’s voting statutes, rather than the constitutional issues cited by the lower court, leaving room for potential further litigation by different plaintiffs.
Delaware historically has had relatively restrictive voting laws compared to other states with strong Democrat majorities. Recent efforts to make voting easier by allowing early voting and permanent absentee registration have been met with legal challenges. Lawmakers have been working to pass legislation to remedy these legal defects and make voting more accessible. The fight over voting laws in Delaware continues as Democrats seek to pass laws that expand access to voting in the state.
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