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Biden’s home state election law trouble: Lawsuit alleges early voting rules violate Delaware Constitution

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Michael Mennella of Newark, Delaware, has been an inspector of elections for the final 5 years, taking an oath himself and administering the oath to different election staff to obey voting legal guidelines. A violation of that oath might imply a superb and even jail time. 

Mennella has filed a lawsuit in opposition to the Delaware Division of Elections contending a regulation that takes impact this yr increasing early voting for each in-person and absentee ballots conflicts with the Delaware Structure’s narrower strategy and forces election workers to both observe the statute or observe the structure. 

“The penalties are prison, so there in all probability would should be a responsible intent, however it places [election] staff in a troublesome place of creating a authorized ruling that the courts are higher capable of resolve,” Mennella advised Fox Information Digital. “And now that the employees know concerning the battle, they much more need the court docket to resolve the difficulty.” 

TEXAS JUDGE HALTS PART OF NEW ELECTION LAW AHEAD OF EARLY VOTING

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Mennella famous a number of different election staff are involved, “however a few of them are anxious about retaliation or lack of their jobs.” The state legal guidelines on early voting will not be suitable with the Delaware Structure that specifies an election can solely be held at some point and lays out particular requirements to permit absentee voting.

President Biden speaks on the Atlanta College Heart Consortium, Jan. 11, 2022, in Atlanta.
(AP Photograph/Patrick Semansky)

Delaware, the state President Biden represented within the Senate for greater than three many years, could have early voting for the primary time due to a 2019 regulation granting 10 days of early in-person voting. Delaware can also be now permitting residents to be “everlasting absentee voters.”

After Biden referred to as a 2021 Georgia election reform regulation “Jim Crow within the twenty first century,” a few of the president’s critics famous that Georgia allowed 17 days of early in-person voting, whereas his house state allowed zero. Even The Washington Publish’s fact-check column gave Biden “4 Pinocchios” for his rhetoric concerning the Georgia regulation. It famous Georgia had seven extra early voting days than Delaware would after its regulation takes impact in 2022. 

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Delaware, the primary state to ratify the U.S. Structure, was among the many final within the nation to permit early voting, as 43 states permit some kind with a mean of 19 days earlier than Election Day, in accordance with the Nationwide Convention of State Legislatures.

Young voters show "I Voted" stickers after voting at a polling station in Plano, Texas, Nov. 3, 2020.

Younger voters present “I Voted” stickers after voting at a polling station in Plano, Texas, Nov. 3, 2020.
(Dan Tian/Xinhua through Getty )

The Delaware statute permits registrants to use to the Division of Elections for “everlasting absentee standing,” which means as a substitute of making use of for an absentee poll every election, a person might vote by absentee poll in perpetuity, with out consideration of the applicant’s eligibility in every subsequent election.

Nevertheless, the lawsuit asserts stress-free a few of Delaware’s strict voting legal guidelines could possibly be unlawful with regard to the Delaware Structure. 

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“Mr. Mennella is harmed as a result of he should select between implementing Delaware statutes and implementing the Delaware Structure,” the criticism filed in state court docket states. “Delaware statutes and defendants’ actions additionally hurt Mr. Mennella as a result of they require him to coach and direct these beneath his supervision to violate Delaware’s Structure and violate their respective oaths and duties. Mr. Mennella might face extreme penalties and even jail time if he violates Delaware regulation or his duties as an inspector of elections.”

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Mennella is represented by the Public Curiosity Authorized Basis, a authorized nonprofit that has racked up victories to require jurisdictions to brush the names of useless individuals and noncitizens from voter registration lists. The group, run by former Justice Division lawyer J. Christian Adams, additionally usually advocates for voter ID legal guidelines. 

The defendant, the Delaware Division of Elections, didn’t reply to inquiries for this story.

The criticism particularly references the Delaware Structure of 1831, as amended in 1855, that claims, “All elections for Governor, Senators, Representatives, Sheriffs and Coroners shall be held on the Tuesday subsequent after the primary Monday within the month of November of the yr during which they’re to be held, and be by poll.”

The Delaware Structure of 1897 – the model presently in impact – says particularly, “The overall election shall be held biennially on the Tuesday subsequent after the primary Monday within the month of November, and shall be by poll.” 

With respect to eligibility for absentee voting, the state’s structure says “any certified elector of this State, duly registered, who shall be unable to seem to solid his or her poll at any common election on the common polling place of the election district during which she or he is registered, both due to being within the public service of the USA or of this State, or his or her partner or dependents when residing with or accompanying her or him[,] due to the character of his or her enterprise or occupation, due to his or her illness or bodily incapacity, due to his or her absence from the district whereas on trip, or due to the tenets or teachings of his or her faith, might solid a poll at such common election to be counted in such election district.”

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The lawsuit solely applies to the November common election since that’s all of the Structure governs. 

The inspector of elections is the supervisor of a selected polling website and is charged with resolving disputes that may happen, making certain the protection of the election website, overseeing the conduct of the opposite election staff there and administering the oath to different election staff. 

“I had taken a number of lessons on the Structure in Delaware, and it appeared to me to battle,” stated Mennella, a resident of Delaware for 22 years who was an inspector in eight elections counting major contests and common elections. 

“I believe I first turned conscious of the everlasting absentee regulation the final election and was involved with the inaccuracies.” 

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Biden seemingly contradicts WH after press secretary says president did not have medical exam after debate

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Biden seemingly contradicts WH after press secretary says president did not have medical exam after debate

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Hours after the White House told reporters that President Biden had not had any recent medical exams, the president reportedly contradicted his press secretary by telling governors that he had a recent medical checkup.

When pressed about the president’s health during a press briefing on Wednesday, White House press secretary Karine Jean-Pierre explicitly told reporters that Biden has not had any medical exams since his last annual physical.

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“Has the president had any medical exams since his last annual physical in February?” CNN’s Min Jung “MJ” Lee asked.

“And got – and we were able to talk to the – to his doctor about that, and that is a no,” Jean-Pierre said.

NEWSOM DOUBLES DOWN ON SUPPORT FOR BIDEN IN MICHIGAN: ‘I BELIEVE IN HIS CHARACTER’

White House press secretary Karine Jean-Pierre assured reporters at a press briefing on Wednesday that President Biden had not received a medical exam since his annual exam in February. (Getty Images)

Jean-Pierre reiterated that the 81-year-old president had not received any kind of medical exam.

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“He hasn’t had any kind of medical exam?” Jung said.

“No,” Jean-Pierre replied.

Democrat Gov. Wes Moore, Kathy Hochul and Tim Waltz

Maryland Gov. Wes Moore, left, New York Gov. Kathy Hochul and Minnesota Gov. Tim Walz speak to the media outside the White House on July 3, 2024. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

Jean-Pierre’s comments came just hours before Biden met with Democrat governors at the White House on Wednesday night. 

According to the New York Times, Biden told governors that had seen the White House physician to check on the cold his campaign said that he had during the presidential debate against Trump.

FEAR SPREADS AMONG CONGRESSIONAL DEMOCRATS PRIVATELY CALLING FOR BIDEN’S SUCCESSION

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Biden also reportedly told governors that he would no longer schedule events after 8 p.m. so he could “get more sleep,” the outlet reported.

When questioned about the seemingly contradictory comments, the White House sent the following statement to Fox News Digital:

“Several days later, the President was seen to check on his cold and was recovering well,” the White House press office clarified.

President Biden in Washington, D.C.

President Biden is shown during a visit to the D.C. Emergency Operations Center on July 2, 2024. (AP/Evan Vucci)

The comments come as Biden’s closest allies, politicians and the media have raised concerns about the president’s age and mental acuity.

With a raspy voice and rambling answers, Biden struggled during portions of last week’s presidential debate.

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Following the debate, Democrats and liberal media figures appeared to be in a “panic” after Biden’s performance.

Three shots of Biden during the debate

Voters, lawmakers and media outlets have expressed concerns over Biden’s age and ability to serve a second term after the debate. (Getty Images)

The optics led to a full-on meltdown in Democrat-friendly media, with journalists at various outlets reporting on dozens of Democratic Party officials who said Biden should consider refusing his party’s nomination at the Democratic National Convention in Chicago in August.

Some strategists have suggested the Democratic Party must act quickly to replace Biden before his nomination is made official.

Vice President Harris has been largely ruled out as a potential replacement due to her unpopularity with voters. California Gov. Gavin Newsom and Michigan Gov. Gretchen Whitmer have each previously been floated as a potential last-minute replacement.

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2024 California propositions voter guide: minimum wage, crime, marriage, healthcare, rent and more

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2024 California propositions voter guide: minimum wage, crime, marriage, healthcare, rent and more

In addition to a precarious presidential election and high-stakes U.S House races, California voters in November will also weigh in on a slew of statewide initiatives that could significantly shape policy and affect the lives of millions of residents.

Ten measures will be on the ballot and will ask voters if they support raising the minimum wage, cracking down on crime, banning forced prison labor, capping rent and much more.

Golden State voters are accustomed to legislating by the ballot and are often faced with a list of initiatives as part of the state’s direct democracy process. But this year especially, political parties are hopeful that some of the causes will help draw voters to the polls to check other boxes, too, said Mindy Romero, founder of the Center for Inclusive Democracy, a nonpartisan research organization focused on elections.

“Sometimes there are people who are not interested in the top ticket that may solely come out because of their cause,” said Romero, who is a political sociology professor at USC.

Altogether, campaigns supporting and opposing the ballot measures have collected tens of millions of dollars in contributions.

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The number of initiatives put to voters could have been much higher, but a flurry of last-minute negotiations in the state capitol led to measure proponents agreeing to pull their proposals in favor of legislation, including a move to make financial literacy a high school graduation requirement. The remarkable round of deal making comes as state leaders have fought to tackle a massive budget deficit and worry about bogging down voters with a crowded ballot.

Here are the initiatives voters will officially see on their ballot in November:

Proposition 2

This bond measure would authorize the state to borrow $10 billion to modernize K-12 schools and community colleges.

The funding could be used to repair outdated school buildings and to upgrade libraries, heating and cooling systems and broadband internet.

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Proposition 3

two interlocking wedding rings in red and blue

This measure would remove outdated language in the state Constitution that still defines marriage as between a man and woman and instead replace it with a broad “right to marry.”

While the constitutional clause is unenforceable, and same-sex marriage remains federally protected, proponents of the measure say it’s a necessary precaution in case of potential rulings from a conservative Supreme Court majority former President Trump helped appoint.

Proposition 4

earth surrounded by red fire

This bond measure would authorize the state to borrow $10 billion to help fund the response to climate-related disasters such as drought, flooding and extreme heat. It would also help to ensure clean drinking water.

If approved by voters, it will be the largest investment in combating climate change in California history.

Proposition 5

city buildings, bridge, and traffic cone over a gear shape

This measure would make it easier for local governments to approve bonds and tax measures that fund affordable housing and some public infrastructure.

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Proposition 5 would lower the required vote threshold to approve those measures from a two-thirds supermajority to 55%.

Proposition 6

hand in shackle holding a hammer

This measure would ban involuntary servitude and end mandatory work requirements for state prisoners.

The proposed constitutional amendment is part of a reparations package for descendants of African Americans enslaved in the U.S.

Proposition 32

two red dollars in a blue envelope

This measure would increase California’s hourly minimum wage from $16 to $18 and annually adjust it for inflation.

The proposal comes after the state’s politically powerful unions secured $25 an hour for healthcare workers and $20 an hour for fast-food workers and as cities including West Hollywood have moved ahead of the state minimum to as much as $19.08 an hour.

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Proposition 33

red and blue house with document lines and a pen

This measure would allow cities and counties to enact rent control.

Proposition 33 would repeal a 1995 law called the Costa-Hawkins Rental Housing Act, which generally prohibits local governments from limiting rental rates as issued by landlords.

Proposition 34

blue house with red ribbon inside

This measure would require that healthcare providers spend most of the revenue they get from federal prescription drug discount programs on direct patient care.

It would apply only to a very specific subset of doctors who have spent more than $100 million over a decade on “anything other than direct patient care.”

Proposition 35

stethoscope in red and blue with stacks of coins

This measure would provide permanent funding for Medi-Cal, California’s version of Medicaid, which pays for health services for low-income residents.

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Right now, a tax on managed health insurance plans that funds the program is set to expire in 2026.

Proposition 36

Three handcuffs connected

This measure, backed by law enforcement agencies, would impose harsher sentences for drug possession and retail theft. It would turn some crimes involving fentanyl and repeated shoplifting that are currently misdemeanors into felonies.

Proposition 36 aims to roll back parts of Proposition 47, which a decade ago recategorized some low-level offenses.

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Campaign crisis: Dems who have called for Biden to drop out or raised concerns about his health

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Campaign crisis: Dems who have called for Biden to drop out or raised concerns about his health

President Biden’s catastrophic performance at last week’s debate has sparked panic among the Democratic Party’s hierarchy, with key players said to be mulling how to get him to abandon his re-election bid.

The situation has plunged the party into crisis and threatens to drive a wedge between Biden loyalists and elected officials in swing districts ahead of next month’s Democratic National Convention in Chicago. 

Biden’s top campaign aides have been working damage control with major donors over the past week, while the White House — and Biden himself — remain adamant he is the right man to lead the party against former President Trump, the presumptive GOP nominee.

BIDEN RESISTS MOUNTING PRESSURE TO STEP ASIDE

President Biden’s debate performance has sparked panic among the party’s hierarchy with high-stakes discussions taking place about whether he should head the party’s ticket. (Demetrius Freeman/The Washington Post via Getty Images)

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Democrats who say Biden should drop out

  • Rep. Lloyd Doggett, D-Texas: “I am hopeful that he will make the painful and difficult decision to withdraw. I respectfully call on him to do so.”
  • Rep. Raúl Grijalva, D-Ariz.: “I’m going to support [Biden], but I think that this is an opportunity to look elsewhere … What he needs to do is shoulder the responsibility of keeping that seat — and part of that responsibility is to get out of this race.”
  • Adam Frisch, candidate for Colorado’s 3rd Congressional District: “I thank President Biden for his years of service, but the path ahead requires a new generation of leadership to take our country forward.”
Raul Grijalva

Rep. Raúl Grijalva, D-Ariz., on Wednesday became the second Capitol Hill Democrat to call on President Biden to exit the race. (Getty Images)

VAN JONES SAYS DEMOCRATS NOW PLANNING ON ‘HOW’ TO REPLACE BIDEN WITH HARRIS

Democrats who have raised concerns 

  • Former House Speaker Rep. Nancy Pelosi, D-Calif.: “I think it’s a legitimate question to say, ‘Is this an episode or is this a condition?’ When people ask that question, it’s completely legitimate of both candidates.”
  • Rep. Marie Gluesenkamp Pérez, D-Wash.: “About 50 million Americans tuned in and watched that debate. I was one of them for about five very painful minutes. We all saw what we saw, you can’t undo that, and the truth, I think, is that Biden is going to lose to Trump.”
  • Rep. Jared Golden, D-Maine: “In 2025, I believe Trump is going to be in the White House. Maine’s representatives will need to work with him when it benefits Mainers, hold him accountable when it does not and work independently across the aisle no matter what.”
  • Rep. Summer Lee, D-Pa.: “Maybe folks don’t want to hear, but we have timing that is running out. Time is not on our side. We have a few months to do a monumental task. It’s not cheap and it’s not easy. If our president decides this is not a pathway forward for him, we have to move very quickly. There’s not going to be time for a primary. That time is past. The vice president is the obvious choice. She’s sitting right there.”
  • Rep. Seth Moulton, D-Mass: “I deeply respect President Biden and all the great things he has done for America, but I have grave concerns about his ability to defeat Donald Trump.”
  • Rep. James Clyburn, D-S.C.: “I do know this: I think that the American people want an explanation; they need to be reassured, and I hope that over the next several days, we’ll do that.”
  • Rep. Mike Quigley, D-Ill.: “I think we gotta be honest with ourselves, this wasn’t just one bad debate performance. There are very real concerns, and you have to take the voters for where they are, not where you want them to be.”
  • Sen. Peter Welch, D-Vt.: “I really do criticize the campaign for a dismissive attitude towards people who are raising questions for discussion. That’s just facing the reality that we’re in.”
  • Sen. Sheldon Whitehouse, D-R.I.: “I think like a lot of people, I was pretty horrified by the debate… I think people want to make sure that this is a campaign that’s ready to go and win, that the president and his team are being candid with us about his condition — that this was a real anomaly and not just the way he is these days.”
Nancy Pelosi on MSNBC

Rep. Nancy Pelosi, D-Calif., expressed concerns about Biden’s health on MSNBC.

Democrats who support Biden as nominee

Twenty-three Democratic governors from across the nation descended on the White House on Wednesday evening to meet with the embattled president, but after the gathering, only Minnesota Gov. Tim Walz, who leads the Democratic Governors Association, New York Gov. Kathy Hochul and Maryland Gov. Wes Moore spoke to reporters to express their support. 

Moore described the meeting with Biden as “honest” and “candid” and said that the governors were “going to have his back.”

Hochul said President Biden was “in it to win it” and that the trio had pledged their support to him “because the stakes could not be higher,” invoking on the eve of Independence Day, the fight against tyranny.

California Gov. Gavin Newsom, who many commentators have proposed as a possible Biden replacement, also took part in the White House meeting and backed the 81-year-old. 

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“I heard three words from the President tonight — he’s all in. And so am I,” Newsom posted on X on Wednesday night. Newsom also publicly backed Biden immediately following the debate. 

“You don’t turn your back because of one performance,” Newsom said after the debate. “What kind of party does that? This president has delivered. We need to deliver for him at this moment.”

california gov. newsom

California Gov. Gavin Newsom speaks to reporters after the presidential debate. (AP Photo/John Bazemore)

Illinois Gov. J. B. Pritzker has also publicly backed Biden, as has Arizona Gov. Katie Hobbs and Hawaii Gov. Josh Green. 

Elsewhere, Senate Majority Leader Chuck Schumer, D-N.Y., a longtime Biden ally, has also expressed his support, as well as House Minority Leader Hakeem Jeffries, D-N.Y.

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“A setback is nothing more than a setup for a comeback,” Jeffries posted to X on Saturday.

Fox News’ Kyle Morris contributed to this report. 

This is a developing story and will be updated.

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