Delaware’s Court of Chancery denies a challenge to Delaware’s permanent absentee voting law by a sitting state senator and a state senate candidate.
The law was challenged in court by State Sen. Gerald Hocker and Steven Washington, who argued it was unconstitutional because it allowed some to have permanent absentee status.
Hocker – a Republican – is running for re-election in Senate District 20 in Sussex County while Washington – an Independent Party of Delaware candidate – is running in District 1 in New Castle County.
They challenged a law that allows Delaware’s Department of Elections to send absentee ballots automatically to those with permanent absentee status.
Hocker and Washington argued the current law could give those voters automatic absentee privileges in future elections even if their original reason no longer applies.
The court notes the law has provisions requiring those with permanent absentee status to notify the Dept. of Elections when their reason changes, and the department must cancel the status when it receives notices a reason is no longer valid.
The ruling also noted the permanent absentee statute does not limit or enlarge classifications for absentee voting, and so does not violate the state’s constitution.
The motion filed by Hocker and Washington was denied, and summary judgment granted to State Election Commissioner Anthony Albence and the Delaware Department of Elections.
