Delaware’s highest court upholds permanent absentee voting in the First State, rejecting claims that the state's policy is unconstitutional.
The Delaware Supreme Court's decision this week affirms the Court of Chancery's earlier this month.
Republican State Sen. Gerald Hocker and Independent Party of Delaware candidate Steven Washington argued to the courts that allowing Delaware’s Department of Elections to send absentee ballots automatically to those with permanent absentee status is unconstitutional.
In legal filings, they said the current law could give those voters automatic absentee privileges in future elections even if their original reason no longer applies. Groups eligible for permanent status include Delawareans in the military and residents with disabilities.
But Chief Justice Collins J. Seitz, Jr., writing for the court agreed with the Court of Chancery’s decision that the state’s absentee voting rules are not an unconstitutional expansion of voting.
He said Delaware doesn't re-certify in-person voters for every general election. But Hocker and Washington’s interpretation of Delaware law would require Delaware to do this for absentee voters.
He added the law requires absentee voters to notify the state of any changes that would affect their eligibility. And it asks absentee voters to assert their status under oath on the mail-in ballot.
Seitz’s decision on the appeal was expedited, as it will apply to November’s midterms.
