Delaware’s Department of Justice intends to appeal last week’s Superior Court decision striking down early voting and permanent absentee laws.
Attorney General Kathy Jennings says DOJ will file a quick appeal to Friday’s decision and request a verdict in time for November’s general election.
“The lawsuit that led to that ruling was filed by partisan plaintiffs," Jennings says. "That lawsuit was wrong on its merits and politically extreme on its face. And we believe that the ruling is having the net effect of sowing confusion ahead of a major election.”
A Superior Court judge ruled the statutes for early voting, passed in 2019, and permanent absentee voting, passed in 2010, unconstitutional. Republican and Democratic lawmakers were quick to point fingers Monday, and Jennings further pointed the blame toward “Republican extremists.”
“Look no further than Sen. Hocker himself, who once voted to pass the permanent absentee law that he has now torn up in the courts," Jennings says.
She adds these recent efforts have put Delaware at the bottom of the barrel for voting accessibility.
“This ruling means Delawareans’ access to the ballot is now among the worst in our country," Jennings says. "25 states have stronger permanent absentee protections than we do. 46 states allow early voting.”
Jennings emphasizes the ruling will affect severely disabled Delawareans and military members overseas who count on their permanent absentee ballot each year.
Jennings further called on the General Assembly to pass a constitutional amendment, like Sen. Darius Brown’s SB 3, to modernize the state’s constitution and put the issue to rest.
Jennings adds this ruling does not affect Delaware’s April 2nd presidential primary – permanent absentee ballots will be sent out and early voting locations will be announced soon.
