Case: League of Women Voters of Delaware v. Delaware Department of Elections

2020-0761-SG | Delaware state trial court

Filed Date: Sept. 4, 2020

Closed Date: Oct. 15, 2020

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 10/22/2020, This action seeks a declaratory judgment that, under pandemic circumstances, Delaware's Election Day return deadline for mail ballots violates the Elections Clause and Right to Vote Clause of the Delaware Constitution, and an injunction requiring election officials to count votes that are mailed on or before El…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 10/22/2020,

This action seeks a declaratory judgment that, under pandemic circumstances, Delaware's Election Day return deadline for mail ballots violates the Elections Clause and Right to Vote Clause of the Delaware Constitution, and an injunction requiring election officials to count votes that are mailed on or before Election Day and received by Nov 6th, and ballots which are postmarked or otherwise marked by USPS by Election Day and received by Nov 13. General Assembly of DE passed a bill allowing all voters to vote by mail for the September Primary and General Election. However, with record turnout expected in the General Election and widespread delays in the USPS anticipated, Plaintiffs allege that the current policy, which requires all mailed ballots to be received by the Delaware Department of Elections by 8pm on November 3rd, burdens the right to vote in two scenarios: (1) voters who mail their ballots ahead of the statutory deadline may not reach the Delaware Department of Elections in time (2) voters who request ballots by the statutory deadline may not receive a mail-in ballot in time for them to mail their ballot successfully.

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Summary Authors

Anna Jones (4/11/2025)

People

Judge(s)

Glasscock, Sam (Delaware)

Attorney for Plaintiff

Fry, David M. (Delaware)

Attorney for Defendant

Boyer, Matthew F (Delaware)

Broujos, Frank (Delaware)

Goldstein, Aaron R. (Delaware)

Judge(s)

Glasscock, Sam (Delaware)

Attorney for Plaintiff

Fry, David M. (Delaware)

Lantz, Karen (Delaware)

Attorney for Defendant

Boyer, Matthew F (Delaware)

Broujos, Frank (Delaware)

Goldstein, Aaron R. (Delaware)

Hall, Trisha W (Delaware)

Jennings, Kathleen (Delaware)

Kirshon, Ilona (Delaware)

McCowan, Allison (Delaware)

Walton, Max B (Delaware)

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Documents in the Clearinghouse

	Document
1 2020-0761-SG	Verified Complaint League of Women Voters of Delaware v. State of Delaware Department of Elections	Sept. 4, 2020	Sept. 4, 2020 Complaint
15 2020-0761-SG	Plaintiffs' Motion for Summary Judgment League of Women Voters of Delaware v. State of Delaware Department of Elections	Sept. 18, 2020	Sept. 18, 2020 Pleading / Motion / Brief
16 2020-0761-SG	Opening Brief in Support of Plaintiffs' Motion for Summary Judgment League of Women Voters of Delaware, Inc. v. State of Delaware Department of Elections	Sept. 18, 2020	Sept. 18, 2020 Pleading / Motion / Brief
22 2020-0761-SG	Opinion League of Women Voters of Delaware, Inc. v. State of Delaware Department of Elections	Oct. 9, 2020	Oct. 9, 2020 Order/Opinion 250 A.3d 922
24 2020-0761-SG	Order League of Women Voters of Delaware, Inc. v. State of Delaware Department of Elections	Oct. 15, 2020	Oct. 15, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
League of Women Voters of Delaware v. Delaware Department of Elections The Stanford-MIT Healthy Elections Project	This action seeks a declaratory judgment that, under pandemic circumstances, Delaware's Election Day return deadline for mail ballots violates the Elections Clause and Right to Vote Clause of the Del…	Oct. 22, 2020	Oct. 22, 2020 https://healthyelections-case-tracker.stanford.edu/...

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Docket

Last updated March 10, 2024, 1:45 p.m.

ECF Number	Description	Date	Link Date / Link
1	Verified Complaint for injunctive relief 1 Exhibit A to Verified Complaint View on PACER 2 Exhibit B to Verified Complaint View on PACER 3 Exhibit C to Verified Complaint View on PACER 4 Exhibit D to Verified Complaint View on PACER 5 Exhibit E to Verified Complaint View on PACER 6 Exhibit F to Verified Complaint View on PACER 7 Exhibit G to Verified Complaint View on PACER 8 Exhibit H to Verified Complaint View on PACER 9 Exhibit I to Verified Complaint View on PACER 10 Exhibit J to Verified Complaint View on PACER 11 Exhibit K to Verified Complaint View on PACER 12 Verification of Rachel Grier-Reynolds in support of Complaint (Under 10 Del. C. § 3927) View on PACER 13 Verification of Carol Jones on behalf of plaintiff League of Women Voters of Delaware, Inc. (Under 10 Del. C. § 3927) View on PACER	Sept. 4, 2020	Sept. 4, 2020 Clearinghouse
2	Supplemental Information Sheet Pursuant to Rule 3(A) and Statement of Good Cause	Sept. 4, 2020	Sept. 4, 2020
3	Plaintiffs' Motion to Expedite 1 Exhibit A to Plaintiffs' Motion to Expedite View on PACER 2 Proposed Order Granting Plaintiffs' Motion to Expedite View on PACER	Sept. 4, 2020	Sept. 4, 2020
4	Letter to Register in Chancery from David M. Fry re: Summons Instructions	Sept. 4, 2020	Sept. 4, 2020
5	Entry of Appearance of Karen Lantz on behalf of Plaintiffs League of Women Voters of Delaware, Inc. and Rachel Grier-Reynolds	Sept. 8, 2020	Sept. 8, 2020
6	Letter to Register in Chancery from David M. Fry re: service of process 1 Exhibit A to Letter to Register in Chancery from David M. Fry re: service of process View on PACER	Sept. 9, 2020	Sept. 9, 2020
7	Entry of Appearance of Deputy Attorney General Allison J. McCowan on behalf of Defendants State of Delaware, Department of Elections and Anthony J. Albence	Sept. 10, 2020	Sept. 10, 2020
8	Please enter the appearance of Max B. Walton, Esq., Matthew F. Boyer, Esq., and Trisha W. Hall, Esq., of Connolly Gallagher LLP, on behalf of Defendants in the above-referenced matter as co-counsel with the Department of Justice, with Certificate of Service	Sept. 10, 2020	Sept. 10, 2020
9	Letter to The Honorable Vice Chancellor Glasscock from David M. Fry	Sept. 10, 2020	Sept. 10, 2020
10	Defendants' Motion to Consolidate 1 Certificate of Service of Defendants' Motion to Consolidate View on PACER 2 Letter to Court re consolidation View on PACER	Sept. 10, 2020	Sept. 10, 2020
11	Entry of Appearance of Frank N. Broujos and Ilona M. Kirshon on behalf of Defendants State of Delaware, Department of Elections and Anthony J, Albence	Sept. 10, 2020	Sept. 10, 2020
12	Judicial Action Form completed by Karen Siedlecki, Court Reporter. Teleconference held 9-10-20. Case will be coordinated, not consolidated, with 2020-0685-SG. Parties in both cases should submit letter confirming schedules to the Court.	Sept. 10, 2020	Sept. 10, 2020
13	Letter to The Honorable Same Glasscock, III, from Max B. Walton, providing a letter outlining the briefing and argument dates per the Court's request	Sept. 11, 2020	Sept. 11, 2020
14	Order	Sept. 11, 2020	Sept. 11, 2020 Clearinghouse
15	Plaintiffs' Motion Summary Judgment 1 Proposed Order Granting Plaintiffs' Motion for Summary Judgment View on PACER 2 Certificate of Service to Plaintiffs Motion for Summary Judgment View on PACER	Sept. 18, 2020	Sept. 18, 2020 Clearinghouse
16	Opening Brief In Support of Plaintiffs' Motion for Summary Judgment 1 Certificate of Service to Opening Brief In Support of Plaintiffs' Motion for Summary Judgment View on PACER	Sept. 18, 2020	Sept. 18, 2020 Clearinghouse
17	Entry of Appearance of Attorney General Kathleen M. Jennings and State Solicitor Aaron R. Goldstein on behalf of Defendants State of Delaware Department of Elections and Anthony J. Albence	Sept. 21, 2020	Sept. 21, 2020
18	Defendants' Answering Brief in Opposition to Plaintiffs' Motion for Summary Judgment, with Certificate of Service 1 Transmittal Affidavit of Max B. Walton View on PACER 2 Exhibits A-K to the Transmittal Affidavit of Max B. Walton View on PACER 3 Exhibits A-K to the Transmittal Affidavit of Max B. Walton View on PACER 4 Affidavit of Anthony J. Albence View on PACER 5 Exhibit A to the Affidavit of Anthony J. Albence View on PACER 6 Exhibit A to the Affidavit of Anthony J. Albence View on PACER	Sept. 30, 2020	Sept. 30, 2020
19	Reply Brief in Support of Plaintiffs' Motion for Summary Judgment 1 Transmittal Affidavit of David M. Fry Under 10 Del. C. § 3927 View on PACER 2 Exhibits L-M to the Transmittal Affidavit of David M. Fry Under 10 Del. C. § 3927 View on PACER 3 Exhibits L-M to the Transmittal Affidavit of David M. Fry Under 10 Del. C. § 3927 View on PACER 4 Certificate of Service to the Transmittal Affidavit of David M. Fry Under 10 Del. C. § 3927 View on PACER 5 Certificate of Service to Reply Brief in Support of Plaintiffs' Motion for Summary Judgment View on PACER	Oct. 2, 2020	Oct. 2, 2020
20	Letter to The Honorable Vice Chancellor Glasscock from David M. Fry re: Notice of Subsequent Authority	Oct. 5, 2020	Oct. 5, 2020
21	Judicial Action Form completed by Juli LaBadia, Court Reporter. Oral Argument held 10-6-20 on Plaintiffs’ Motion for Summary Judgment. Motion taken under advisement. See transcript.	Oct. 6, 2020	Oct. 6, 2020
22	Opinion issued by Vice Chancellor Glasscock	Oct. 9, 2020	Oct. 9, 2020 Clearinghouse
23	Letter to The Honorable Sam Glasscock, III from David M. Fry re: rulings from the Memorandum Opinion 1 Proposed Order Dismissing Plaintiffs' Motion for Summary Judgement and Dismissing action with Prejudice View on PACER	Oct. 13, 2020	Oct. 13, 2020
24	Granted (Proposed Order Dismissing Plaintiffs' Motion for Summary Judgement and Dismissing action with Prejudice)	Oct. 15, 2020	Oct. 15, 2020 Clearinghouse
25	Letter to Counsel	Dec. 31, 2020	Dec. 31, 2020

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Case Details

State / Territory: Delaware

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 4, 2020

Closing Date: Oct. 15, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(1) League of Women Voters of Delaware, Inc., a nonpartisan, grassroots nonprofit organization that is dedicated to empowering all people to fully participate in democracy. It engages in voter education and advocacy, including distribution of information about how to vote and candidate information services. (2) A resident of Lewes, Delaware, who was a registered voter for and planned to vote by mail in Delaware's September 15, 2020 primary election. She requested her ballot more than three weeks before September 4, 2020 and still had not received it.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Delaware (Wilmington, New Castle), State

Defendant Type(s):

Jurisdiction-wide