Why Should Delaware Care?
After several cycles of early voting in statewide elections, a recent court ruling could remove the options for voters this November as well as absentee voting for those who cannot make it to the polls on Election Day. A legislative fix is not possible before the November election, leaving the issue in the hands of the Delaware Supreme Court.
Early and permanent absentee voting may not be available to Delawareans during a pivotal presidential election in November following a Delaware Superior Court ruling.
Judge Mark Conner ruled Feb. 23 that early and permanent absentee voting statutes violate the First State’s constitution. The complaint was filed by state election inspector Michael Mennella and Republican State Sen. Gerald Hocker.
Attorney General Kathy Jennings announced Tuesday that she plans to appeal the decision to the Delaware Supreme Court and intends to file a stay on the ruling while the state’s highest court takes up the case. Jennings said that laws that make voting accessible are effectively the right to vote itself.
“The ruling is having the net effect of sowing confusion ahead of a major election, threatening grave consequences for the people of this state,” Jennings said. “This ruling means Delawareans’ access to the ballot is now among the worst in our country.”
If the ruling stands, thousands of Delawareans who are accustomed to voting early in past elections will face an additional obstacle to voting in the 2024 presidential election. Nearly 56,000 Delawareans voted early in 2022, representing over 17% of voters in the First State, according to U.S. Election Assistance Commission data.
Conner’s ruling comes after a 2022 decision by the Delaware Supreme Court struck down laws allowing residents to vote by mail and to register to vote up to Election Day.
The ruling does not affect Delaware’s presidential primary election on April 2, Jennings said. Ballots will go out to permanent absentee voters soon and polling locations will be open for the presidential primary, she added.
“This ruling means Delawareans’ access to the ballot is now among the worst in our country.”
DElaware attorney general kathy jennings
The process for the Delaware General Assembly to introduce and pass a constitutional amendment to allow absentee and early voting is lengthy and may prove difficult to achieve.
Constitutional amendments require approval of two consecutive General Assemblies, meaning the earliest an amendment could be approved is 2025 – not in time for an election that will feature races with new candidates for virtually every major office.
No early voting would affect all voters, regardless of party affiliation, according to Timothy Shaffer, the Stavros Niarchos Foundation Chair of Civil Discourse and director of SNF Ithaca in the University of Delaware Biden School.
“There’s not inherently a partisan dimension to any of this,” Shaffer said. “What’s happened in our region in recent years is that [early voting] has reduced barriers for everybody.”
The lack of early and absentee voting would particularly affect minority communities in the state, according to Shaffer. If the ruling stands, there would be more people at polling places on Election Day, which could result in longer lines.
Early voting opened polling locations 10 days before general, primary and special elections in Delaware. The practice helped accommodate voting for people with limited transportation, people living with disabilities and voters working rigid work schedules on Election Day.
Early voting also helped elderly residents and people located in rural areas cast their ballot before election day.
Absentee voting was made available to accommodate people who are sick or living with temporary or permanent disabilities. Absentee voting is also used to accommodate out-of-state college students and voters in the armed forces who may be stationed out of Delaware or the country.
There were about 21,000 permanent absentee voters in the state, according to Jennings.
“If we could do these things with an intentionality to be inclusive of people who have some obstacles, then we can all benefit from it,” Shaffer said.
What can I do if I can’t vote early?
If there is no early or absentee voting in November, it’s essential for voters to make a plan to vote. It may be necessary to request time from work or coordinate transportation to cast your vote at a polling location.
Here’s some information about how you can vote in November:
Am I eligible to register to vote?
In order to be eligible to vote in Delaware you must be:
- A citizen of the U.S.
- A Delaware resident
- 18 years old on or before the date of the next general election
How can I register to vote?
You can register to vote online, by mail and at certain government offices. To register to vote online visit: https://ivote.de.gov/VoterView/registrant/newregistrant.
For more information on how to register to vote by mail or in person visit: https://elections.delaware.gov/voter/votereg.shtml
Where do I vote?
To look up your nearest polling location visit https://ivote.de.gov/VoterView. You can enter your residential address at the bottom of the page and find your nearest polling place.
Here are some important dates and deadlines to keep in mind ahead of this year’s elections:
- March 9: Deadline to register to vote for the April 2 presidential primary.
- March 18: Deadline for uniformed service members and citizens living outside the United States to register to vote for the April 2 presidential primary.
- March 20-30: Early voting is offered at designated early voting locations in each county for the presidential primary election.
- April 2: Presidential primary election. Polls will be open from 7 a.m. to 8 p.m.
- Aug. 17: Deadline to register to vote before the Sept. 10 state primary election.
- Sept. 10: State primary election. Polls open from 7 a.m. to 8 p.m.
- Oct. 12: Deadline to register to vote for the Nov. 5 general election.
- Nov. 5: General Election Day. Polls open from 7 a.m. to 8 p.m.
