Background

On Friday, October 7, 2022, the Delaware Supreme Court ruled that two new Delaware voting laws passed in 2022 (vote-mail-mail and same-day registration) violate our state constitution. Therefore, neither vote-by-mail nor same-day registration will be available in Delaware without first amending our state constitution, a process that takes a 2/3rds vote of both chambers of the General Assembly in two consecutive legislative sessions. Each legislative session is two years long, so the earliest this could be completed is the beginning of the 153rd legislative session in January 2025.

The rulings read in part "The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution" and "The Same-Day Registration Statute conflicts with the provisions of Article V, Section 4 of the Delaware Constitution." Delaware proponents of the new laws hoped that the court would find that mail-in ballots are distinct and different from absentee ballots, but the court did not take that opinion.

DVRC Statement

The Delaware Voting Rights Coalition (DVRC), of which LWVDE is a member, issued the following public statement in response to the ruling:

Today is a sad day for voting rights in Delaware – but despite this setback, the Delaware Voting Rights Coalition is ready to take action. Next week, we will be launching our updated DVRC Voter Guide for the General Election, which will include information about these latest developments.

In the meantime, with just one month until the 2022 General Election, there are a few things that we want to ensure every voter in Delaware knows:

1. The deadline to register to vote in the General Election is next Saturday, October 15. If you do not register to vote by that date, you will not be able to cast your ballot. Check your registration status online at ivote.de.us. 
2. Vote-by-mail is no longer an option for the General Election. The only way that a person can cast their ballot by mail in this year’s General Election is through absentee voting, which requires an excuse. If you plan to vote absentee, you must request your absentee ballot, with a valid excuse, as soon as possible. Request your absentee ballot online at ivote.de.us. 
3. Early voting is still an option for the General Election, but you must be registered to vote before showing up at an early voting site. Learn more about early voting at votedelaware.org. 

Now, more than ever, it is vital that voters in Delaware are educated on how, where, and when they can vote in the 2022 General Election. Voter confusion is one of the strongest forms of voter suppression, so despite these last-minute changes, we’re going to work hard to ensure that voters know how to cast their ballots on Tuesday, November 8.

The full statement, along with a statement by ACLU of Delaware, are located here: aclu-de.org/en/press-releases/aclu-dvrc-statements-voting-rights-court-decision