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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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State Police Investigating Three-Vehicle Fatal Crash in Newark – Delaware State Police – State of Delaware

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State Police Investigating Three-Vehicle Fatal Crash in Newark – Delaware State Police – State of Delaware


Date Posted: Monday, January 19th, 2026

The Delaware State Police is investigating a three-vehicle fatal crash that occurred Friday evening in Newark.

On January 16, 2026, at approximately 5:30 p.m., a Kia Sportage was stopped behind a Subaru Outback in the left lane of eastbound Pulaski Highway, west of David Place. At the same time, a Hyundai Kona was traveling eastbound on Pulaski Highway, approaching the stopped Kia. For reasons currently being investigated, the Hyundai failed to stop and crashed into the rear of the Kia. The collision pushed the Kia forward causing it to crash into the rear of the Subaru.

The driver of the Hyundai, 85-year-old Melvin Pitt of New Castle, Delaware, was taken to a local hospital with life-threatening injuries. On January 17, 2026, Pitt died from the injuries he sustained during the crash.

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The passenger of the Hyundai, an 83-year-old woman from Newark, Delaware, was taken to a local hospital with non-life-threatening injuries.

The occupants of the Subaru and Kia did not report any injuries.

The Delaware State Police Troop 2 Collision Reconstruction Unit continues to investigate this crash. Troopers ask anyone who witnessed the crash or has video to contact Sgt. J. Jefferson at (302) 365-8484. Information may also be provided by sending a private Facebook message to the Delaware State Police or contacting Delaware Crime Stoppers at 1-800-847-3333.

If you or someone you know is a victim or witness of a crime or have lost a loved one to a sudden death and need assistance, the Delaware State Police Victim Services Unit / Delaware Victim Center is available to offer you support and resources 24 hours a day through a toll-free hotline at 1-800-VICTIM-1 (1-800-842-8461). You may also email the Victim Services Unit at DSP_VictimServicesMail@delaware.gov

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Can you dumpster dive in Delaware for your next score?

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Can you dumpster dive in Delaware for your next score?


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  • Dumpster diving has gained popularity on social media platforms like TikTok and Instagram.
  • A 1988 Supreme Court case ruled that searching trash on a public curb is legal.
  • In Delaware, several cities have codes that prohibit rummaging through garbage containers without permission.

Dumpster diving isn’t a novel concept, but its trappings seem to be trending.

Videos on TikTok or Instagram will give firsthand views of hands picking though local shopping mall trashes, Sephora or Ulta dumpsters and much more. The “Dumpster Dive King” in Boston has some 4.3 million followers on one platform, while Ella Rose – or GlamourDDive – maintains more than 2.4 million TikTok followers and an online shop from Texas.

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“My enjoyment of dumpster diving has helped me open my eyes to the waste that is involved in everyday retail and corporations!” the 21-year old wrote online.

That could be the hefty bag of untouched Lululemon products, a cardboard box stocked with sealed designer perfumes seemingly from a closed Macy’s, tossed out clearance items from a T.J. Maxx, or countless other hauls from the diver and content creator.

But is it legal?

Most states lack specific laws against dumpster diving, though trespassing laws essentially restrict such forays to public property. Likewise, the Supreme Court ruled in a 1988 case from California that searching trash put on the public curb is legal and can be done by police without a warrant.

Here in Delaware, there are similarly no statewide laws against the practice. After a simple review, some local governments providing waste removal have more specific policies.

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In Wilmington, city code prohibits rummaging through garbage containers “unless requested to do so by the person to whom the container belongs.” That effectively bans any dumpster dives on private property, if enforced, unless the owner agrees.

Many shopping malls and stores have back areas that are largely considered private property, according to FindLaw.com, which also notes proper signage could be used in court to show a business took appropriate precautions.

Over in Newark, tampering with any city waste containers, including dumpsters, is similarly banned without authorization, according to an Eastern Shore Dumpster Dive community online. Dover also does not allow anyone to disturb or scatter waste put out for collection, per city code.

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Overall, dumpster diving in Delaware must generally be limited to public areas, like roadsides, parks or sidewalks, avoiding no-trespassing signs or making a mess.

Sadly for some, most commercial and retail dumpsters are considered private.

There could be a world where a business owner may not mind someone turning around, recycling or getting creative with their trash – but many may also worry about their liability for what’s found, or the safety risks involved with dumpster diving.





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State Police Investigating Shooting Incident in Ellendale – Delaware State Police – State of Delaware

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State Police Investigating Shooting Incident in Ellendale – Delaware State Police – State of Delaware


Date Posted: Sunday, January 18th, 2026

The Delaware State Police are investigating a shooting incident that occurred early this morning in Ellendale.

On January 18, 2026, at approximately 1:20 a.m., troopers responded to the 18000 block of Sharons Road in Ellendale for a report of shots fired. The preliminary investigation revealed that an unknown suspect fired multiple shots that struck an occupied residence and two unoccupied vehicles. Two adults and two children were in the home at the time, and no one was injured.

Delaware State Police Troop 4 Criminal Investigations Unit continues to investigate this incident. Detectives ask anyone who has relevant information to contact Detective R. Mitchell by calling (302) 752-3794. Information may also be provided by sending a private Facebook message to the Delaware State Police or contacting Delaware Crime Stoppers at 1-800-847-3333.

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If you or someone you know is a victim or witness of a crime or have lost a loved one to a sudden death and need assistance, the Delaware State Police Victim Services Unit / Delaware Victim Center is available to offer you support and resources 24 hours a day through a toll-free hotline at 1-800-VICTIM-1 (1-800-842-8461). You may also email the Victim Services Unit at DSP_VictimServicesMail@delaware.gov.

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