Resource: The Republican State Committee of Delaware v. The State of Delaware Department of Elections

By: The Stanford-MIT Healthy Elections Project

October 31, 2020

A new Delaware law allows all voters to vote absentee, regardless of reason. The Delaware Constitution, however, enumerates permissible reasons for voters voting absentee. Plaintiffs claim that the new law, HB 346, violates the Delaware Constitution's limitations on permissible reasons for casting an absentee ballot. And Plaintiffs seek declaratory and injunctive relief to block the November election from proceeding with universal absentee voting, particularly, Plaintiffs allege, because such voting will increase fraud and is unnecessary when all polling places will be open and the approved list of reasons for voting absentee is already broad enough to protect public health.