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Early voting deemed unconstitutional

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Early voting deemed unconstitutional


A Delaware Superior Court judge has stuck down the state’s early voting law for general elections, and also permanent absentee voting laws, saying they are unconstitutional.

The state’s early voting law, passed by the General Assembly and signed into law in 2019, goes against the Delaware Constitution that states “the general election shall be held biennially on the Tuesday next after the first Monday in the month of November,” wrote Superior Court Judge Mark H. Conner in his 25-page opinion.

Plaintiff Michael Mennella, an inspector for the Delaware Department of Elections, originally filed a Chancery Court complaint in 2022 against early voting, before the case was transferred to Superior Court in 2023, when Sen. Gerald Hocker, R-Ocean View, was added as a plaintiff.

“The court’s role – indeed, our duty – is to hold the challenged statutory enactments up to the light of our constitution and determine whether they are consonant or discordant with it. The enactments of the General Assembly challenged today are inconsistent with our constitution and therefore cannot stand,” Conner wrote.

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In reviewing the law for permanent absentee voting, Conner used a grammatical analysis of the law to determine it is at odds with the constitution. The wording states a voter is allowed to participate in absentee voting at only the election at which they are unable to appear, he writes – a process not meant to be permanent.

“The use of the singular ‘a’ before the singular ‘ballot’ demonstrates that only one absentee ballot may be cast for any such general election at which the voter shall be unable to appear,” the opinion states.

Conner struck down a request to dismiss the case by defendant State Election Commissioner Anthony J. Albence and the state Department of Elections over claims that plaintiffs failed to transfer the cases from Chancery Court to Superior Court in a timely manner. He also states that a constitutional challenge to the permanent absentee voting statute passed in 2010 is not barred by the three-year statute of limitations set forth in Delaware code.

Jane Brady, a former Attorney General, Superior Court judge and previous head of the state GOP, who litigated the case said the decision only applies to general elections, not special elections or primaries.

“It is unfortunate that we will have different laws for the general election than for other elections, which may cause some voter confusion,” said Brady in a statement following the Superior Court opinion. “Previously, the General Assembly has been careful to comply with the constitution when they pass laws, but these laws clearly violate the constitution, as did the same-day registration and mail-in voting bills. We, therefore, have different rules for voting in different elections.”

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Both Democrat gubernatorial candidates issued statements stating, if elected governor, they will fight for expanded voting rights through a constitutional amendment.

“The Delaware Superior Court’s decision to strike down early voting after already doing away with permanent mail-in voting is a blow to the foundational principles our country is built on,” said Lt. Gov. Bethany Hall-Long.

Her opponent, New Castle County Executive Matt Meyer, blamed Republican extremists for the change.

“This decision undermines fundamental principles of democracy. It is the latest attempt by Republican extremists to restrict people’s access to the ballot box and create unnecessary obstacles for countless Delawareans, denying them their democratic rights,” he said.

Delaware Congresswoman Lisa Blunt Rochester, who is running the U.S. Senate, also blamed Republicans for the attacking “access to the ballot” box, and she pledged to work for federal voting rights protections.

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Brady, however, said no matter how people try to characterize the ruling, the court was careful to note this lawsuit was not about whether Delaware should have early voting, or permanent absentee status, any more than the previous lawsuit was about whether Delaware should have same-day registration or mail-in ballots. 

“The question was do these laws comply with the constitution, and the answer is clearly ‘no,’” she said.

 



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Delaware

Woman killed in crash involving car and truck on I-95 in Wilmington, Delaware

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Woman killed in crash involving car and truck on I-95 in Wilmington, Delaware


A young woman was killed while a man was injured in a crash involving a car and truck on I-95 in Wilmington, Delaware, Friday night.

The 19-year-old woman from Newark, Delaware, was driving a Chrysler 200 northbound on I-95 south of Harvey Road in Wilmington around 8:55 p.m. At the same time, a 34-year-old man from New York was driving a Volvo tractor-trailer that was carrying three cars southbound on I-95 in the same area.

Delaware State Police said the 19-year-old woman crossed the center grass median and collided head-on with the truck.

The woman – who was not properly restrained – was ejected from her car, according to investigators. She was taken to the hospital where she died from her injuries. Delaware State Police are not releasing her name until her family is notified.

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The truck driver was taken to the hospital and treated for non-life-threatening injuries.

The road was closed for about six hours at the scene of the crash before it reopened.

Anyone who witnessed the crash should contact Corporal K. Oakes at (302) 365-8483. They can also send information by messaging Delaware State Police on Facebook or by calling the Delaware Crime Stoppers at 1-800-847-3333.



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Delaware Valley tops Hunterdon Central in OT to win first H/W/S boys basketball title

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Delaware Valley tops Hunterdon Central in OT to win first H/W/S boys basketball title


Delaware Valley is more than comfortable playing in close games.

Less than a week removed from a double-overtime win over Hackettstown in the Hunterdon/Warren/Sussex semifinals, Delaware Valley once again found itself in a tight battle late in the fourth quarter – this time in the tournament final.

Down by three, Delaware Valley junior guard Tommy Denvir received a ball screen, found space and rose up at the top of the key. The 3-pointer went in, tying the game up with less than two minutes remaining.

“I had room, Coach wanted me to shoot it if I was open,” Denvir said. “I’m not going to miss that shot with this many people here.”

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The shot sent the game to overtime and second-seeded Delaware Valley pulled away late to defeat fourth-seeded Hunterdon Central, 69-62, and claim the program’s first H/W/S title in Hackettstown.

“I think last week beating Hackettstown gave us a lot of confidence,” Delaware Valley coach Michael DePaolo said. “Late in the game, we have been in that situation before we know what we need to do. Just sticking together and moving on to the next play.”

The Hunterdon Central zone defense worked well in the first half. Shots weren’t falling for Delaware Valley as Hunterdon Central took a 14-5 lead into the first-quarter break.

The Red Devils continued to make things difficult for Denvir and the Terriers in the second. Hunterdon Central led 31-16 through 16 minutes of play.

“We weren’t moving the ball that much and we were forcing shots we normally don’t take,” said Denvir, who scored his 1,000th career point on Friday.

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Despite being down 15 points, Delaware Valley came out aggressive in the third quarter.

“At halftime, we told them that we are not as bad of a shooting team that we showed in the first half,” DePaolo said. “The percentages would come back to us – keep it positive and try to build them up.”

Sophomores Lochlyn Marsh and Chase Kraucheunas brought energy and started to find their offensive rhythm despite some early struggles from Denvir. Marsh and Kraucheunas finished with 19 and 15 points, respectively, and each took home all-tournament team honors.

“We came out ready to play; we knew we weren’t going to let down,” Kraucheunas said.

“We knew we had to step up to take the attention off [Denvir], so he could step up and get his looks.” Marsh said.

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Denvir caught fire in the third quarter. The junior scored 11 points in the quarter, including two long-range 3s to give Terriers momentum heading into the fourth.

“It makes life easy, he makes some incredible shots for us,” DePaolo said of Denvir.

Delaware Valley scored 24 points in the third quarter.

Hunterdon Central extended its lead to 55-45 with four minutes to go behind seven straight points from Gavin Baden, but the Terriers started to chip away. Baden finished the game with 11 points.

Kraucheunas and the rest of the team did a lot of work on the offensive glass to help close the deficit.

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“Most important part is to crash the boards,” Kraucheunas said. “We knew we weren’t going to fold; we were going to come back and fight.”

“Over the second half of the season [Kraucheunas] has been one of our most important players,” DePaolo said. “He just got this fire in his eyes that he wasn’t going to let us lose tonight.”

After Denvir’s three tied the game at 57-57, Delaware Valley played defense for nearly two straight minutes and ultimately came up with the stop to send the game to overtime.

“Our goal was to try to not let Baden get downhill to his left hand,” DePaulo said. “If we were going to lose, let them hit a contested 28-footer.”

Denvir, Kraucheneunas and Marsh all scored a bucket in overtime. Marsh hit six straight free throws to clinch the title for Delaware Valley.

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“I just knew I had to make them and seal the game for my team,” Marsh said.

Entering the final, Del Val hadn’t won the H/W/S tournament or its predecessor, the Hunterdon/Warren tournament, which started in 1987. Friday marked the program’s third appearance in a tourney final; it was routed by Hunterdon Central in its previous runner-up finishes (2017, 2002).

Denvir finished with 26 points on the night, taking home tournament MVP honors.

“We’re on this big of a stage, you have to go all out.” Denvir said. “It’s still a surreal feeling. I haven’t fully comprehended it yet.”



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Mississippi State baseball vs Delaware score, live updates, start time, TV channel

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Mississippi State baseball vs Delaware score, live updates, start time, TV channel


STARKVILLE — Mississippi State baseball is playing its second series of the season this weekend.

The No. 6 Bulldogs (5-0) are hosting Delaware (1-3) at Dudy Noble Field, with Game 1 on Feb. 20 (4 p.m. CT, SEC Network). They’ve yet to lose with new coach Brian O’Connor, hired in June from Virginia.

The Blue Hens were swept at Elon last weekend but defeated La Salle 6-4 on Feb. 17.

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The Clarion Ledger is bringing you live updates from the series. Follow for live updates.

Watch Mississippi State vs Delaware

Mississippi State vs Delaware score updates

What time does Mississippi State vs Delaware start today?

  • Feb. 20: 4 p.m.
  • Feb. 21: 1 p.m.
  • Feb. 22: 11 a.m.

What channel is Mississippi State vs Delaware on today?

All three games between Mississippi State and Delaware will stream on SEC Network+.

Mississippi State vs Delaware starting pitchers

  • Feb. 20: RHP Ryan McPherson (0-0, 4.50 ERA) vs. RHP Brady Blum (0-1, 45.00 ERA)
  • Feb. 21: LHP Tomas Valincius (1-0, 0.00 ERA) vs. RHP Doug Marose (0-0, 9.00 ERA)
  • Feb. 22: LHP Charlie Foster (0-0, 9.00 ERA) vs. LHP Elias Conway (0-1, 4.50 ERA)

Mississippi State vs Delaware injury updates

Noah Sullivan did not play in Mississippi State’s two midweek games. O’Connor said he tweaked his back during the Monday, Feb. 16 practice, but they don’t think it’s a serious injury.

Reed Stallman also did not play against Troy and Alcorn State. He exited the second game of the Feb. 14 doubleheader with an injury. O’Connor said he participated in batting practice on Wednesday, Feb. 18.

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Mississippi State baseball 2026 schedule

Next five games:

  • Feb. 20-22: vs. Delaware
  • Feb. 24: vs. Austin Peay
  • Feb. 27: vs. Arizona State (Amegy Bank College Baseball Series in Arlington, Texas)

Sam Sklar is the Mississippi State beat reporter for The Clarion Ledger. Email him at ssklar@usatodayco.com and follow him on X @sklarsam_.



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