The Delaware Supreme Court has reversed a decision made by the Superior Court in February to strike down early voting and permanent absentee voting. The Supreme Court ruled that the plaintiffs, State Senate Minority Leader Gerald Hocker and former inspector of elections Michael Mennella, did not have standing to bring the case forward. As a result, the court did not proceed with weighing in on the arguments regarding the constitutionality of Delaware’s voting statutes.
Former Superior Court Judge Jane Brady, the plaintiffs’ attorney, mentioned that other potential plaintiffs have reached out to her and are considering filing a new case before the upcoming November election. However, Delaware Attorney General Kathy Jennings urged everyone to stand down and allow the voting process to proceed smoothly, especially with the November election approaching.
The Supreme Court’s decision will allow early voting and permanent absentee voting in the upcoming statewide primary and general election in 2024. It was noted that the Superior Court had previously ruled that the state’s permanent absentee and early voting statutes were in conflict with the state’s constitution.
In response to the ruling, lawmakers expressed mixed reactions, with Republicans supporting early voting but expressing frustration over the Supreme Court’s decision on standing, while Democrats emphasized the need to constitutionalize voting procedures in Delaware. Governor John Carney expressed his support for making it easier for Delawareans to vote and thanked the Attorney General for her efforts in ensuring that voting rights are upheld.
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