Del. Supreme Court restores early voting access and permanent absentee voting

Delaware Supreme Court justices heard arguments in the case earlier this month.

Former judge and chair of the Delaware Republican Party Jane Brady argued the case on behalf of Hocker and the elections inspector. She said the state’s constitution specifies only one day that the election can be held, making early voting unconstitutional. She also argued that the language in the constitution requires voters to apply for an absentee ballot for each election.

“We claim that the statutes on their face are unconstitutional. They don’t comply with the language in the constitution,” she said. “Clearly, the drafters intended to address two issues: the time of the election and the manner of the election.”

Former U.S. Solicitor Donald Verrilli, representing the state, countered by arguing that both permanent absentee and early voting are employed in many other states across the U.S. and are consistent with Delaware’s Constitution and within the power of lawmakers to enact.

“Article Five, Section One [of the state constitution] provides an express delegation to the General Assembly to prescribe the means, methods and instruments of election to further a whole set of important goals,” he said. “That seems to me to be a structural indication that the Legislature has broad power here to set the means and methods of elections.”

This is a developing story and will be updated.