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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

Who governs matters: Why school board elections deserve your attention 

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Who governs matters: Why school board elections deserve your attention 


School board elections are one of the highest-leverage, lowest-participation decisions in Delaware. Turnout is low. Margins are small. In some cases, candidates run without a real contest. When voters do not engage, leadership is not selected. It is decided by default. When governance is decided by default, the system performs accordingly.

It’s clear that when residents fail to vote, it can have consequences — ones that most people recognize, but rarely connect to the ballot box. It shapes whether schools are focused on clear priorities or pulled in competing directions. It determines whether resources are invested in what improves student outcomes or spread thin. Those decisions show up in real ways: in the preparedness of students, the confidence of families, and the strength of Delaware’s workforce and economy.

In 2024, fewer than 5% of eligible voters cast ballots in Delaware school board elections, even as concern about outcomes, funding, and district leadership remained high across every sector of public life. The disconnect between what communities demand and how they participate is one of the most significant, and most solvable, barriers to progress in our state.

Data from the 2026 Delaware Opportunity Outlook reinforce this disconnect. A majority of Delawareans believe school board members have a direct influence on the quality of K–12 education, yet far fewer report understanding how improvement efforts are being carried out, or how decisions are made at the local level. In other words, people believe boards matter, but are not consistently using the one mechanism they have to influence who serves and how decisions are made.

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What governing actually requires 

A strong board member asks clear, outcome-focused questions and expects specific answers. They connect decisions to priorities, work through tradeoffs with colleagues, and ensure decisions are understood before the board moves forward. They listen for whether information reflects progress or activity, and press for clarity when it does not.

These are not intuitive responsibilities. They require preparation. School board governance is often treated as something individuals can step into without training, but these are complex roles that involve setting priorities, interpreting data, making tradeoffs, and ensuring decisions lead to results over time.

The Delaware Opportunity Outlook suggests that this is not how the role is widely understood. While Delawareans recognize that school boards influence the quality of education, far fewer identify training and professional preparation as essential. 

That gap has direct consequences. As the state advances new priorities, the effectiveness of those efforts will depend on whether local board members are prepared to implement them, monitor progress, and make results visible.

Delaware’s moment 

Delaware has established a clear direction for public education: defined priorities, a statewide literacy commitment, and a funding reform that will place significant new responsibilities on local boards. Plans set direction. Boards determine whether those plans turn into results.

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What happens next will not be determined by those plans alone. It will be determined by how effectively school boards translate those priorities into decisions, how consistently they track progress, and whether they make results visible to the public.

Candidate evaluation

Evaluating a candidate is straightforward: Can they name a small number of district priorities and explain why those matter? Can they describe what data they would review regularly and how they would use it? Can they explain how resources should align to outcomes and what they would do if results do not improve? Candidates who can answer those questions demonstrate an understanding of the role. Those who cannot speak to governance beyond the issues that brought them to the race may find the role more demanding than they anticipated.

Make your voice heard

Voting in a school board election is one of the few places where individual participation has a direct and immediate impact on how the system performs. School board elections are decided by small numbers of voters. Your decision to engage, or not, determines who governs. Choosing not to participate is not neutrality. It is a choice, and it carries the same weight as the vote itself.

Today, a decision will be made about who governs Delaware’s schools. You can be part of that decision, or it will be made without you. Either way, the results will show up in classrooms, in communities, and in the long-term strength of this state.

Find out who is running. Evaluate them on the work the role requires, not only on the positions they hold. Vote, and encourage others to do the same.

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For more details about voting in today’s elections, visit First State Educate’s 2026 School Board Elections page.



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Pedestrian dies after being struck by vehicle in Delaware County

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Pedestrian dies after being struck by vehicle in Delaware County


Monday, May 11, 2026 10:57AM

Pedestrian dies after being struck by vehicle in Delaware County

TRAINER BOROUGH, Pa. (WPVI) — A person has died after being hit by a vehicle in Delaware County.

It happened around 2:45 a.m. on Monday in the 4300 block of West 9th Street in Trainer Borough.

Police and fire crews were called to the Parkview Mobile Home community for reports of a pedestrian hit by a car.

Officials say the victim went into cardiac arrest immediately after the crash.

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The investigation into the crash is ongoing.

Copyright © 2026 WPVI-TV. All Rights Reserved.



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Delaware State Police investigation shooting in Laurel – 47abc

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Delaware State Police investigation shooting in Laurel – 47abc


LAUREL, Del. — Delaware State Police are investigating a shooting in Laurel that left a 19-year-old man injured Friday afternoon and resulted in firearm charges against a Georgetown man, authorities said.

Troopers responded around 3:20 p.m. Friday to TidalHealth Nanticoke after the victim arrived at the hospital in a personal vehicle with non-life-threatening gunshot wounds, according to police. Investigators said the man had been shot in front of a residence on Portsville Road near Randall Street in Laurel.

Police said the victim was transported to the hospital in a blue Mazda 3 driven by 20-year-old Alexison Amisial of Georgetown. Troopers later located the vehicle and Amisial at First Stop Gas Station, where investigators said he was found carrying an untraceable firearm concealed in his waistband.

Amisial was taken into custody without incident and charged with carrying a concealed deadly weapon and possession of an untraceable firearm, both felonies, police said. He was arraigned in Justice of the Peace Court 3 and released on a $3,500 unsecured bond.

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The Delaware State Police Troop 4 Criminal Investigations Unit continues to investigate the shooting. Authorities are asking anyone with information to contact Detective R. Mitchell at 302-752-3794 or Delaware Crime Stoppers at 800-847-3333.





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