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

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.