Delaware lawsuit filed to stop early voting | Melissa Steele/Cape Gazette
A lawsuit challenging early voting in Delaware based on a conflict with the state’s constitution was filed Jan. 24 in Delaware Chancery Court. Filed by former Attorney General M. Jane Brady’s legal group on behalf of an election inspector, the lawsuit states that Delaware’s early voting laws, set to take effect in 2022, conflict with and violate the Delaware Constitution because those laws expand the administration of the general election beyond its constitutionally designated day. Per the state constitution, the state’s general election is to be held on a Tuesday after the first Monday in the month of November for an election year. Brady, however, said provisions in the constitution only apply to the general election, not primary elections or special elections, such as the one planned March 5 for the 4th District representative seat. “The language of the constitution itself and court decisions make clear that the provisions we feel are being violated only apply to the general election,” she said. Permanent absentee voting law also violates the constitution, according to the lawsuit. “[Statutes] grant eligibility to vote by absentee ballot indefinitely, and without consideration of the applicant’s eligibility at each subsequent election, as required by the constitution,” the suit states.
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