Attorney General announces intention to appeal early voting decision

Delaware Attorney General Kathleen Jennings announced Feb. 27 that she intends to appeal the recent Superior Court decision that threw out early voting in the general election, and also ended permanent absentee voting.

Jennings said the recent decision disenfranchises 56,000 people who voted through early voting the last election, and 21,000 who voted using a permanent absentee status, and she will appeal to Delaware Supreme Court. 

“We respectfully but fundamentally disagree with this ruling. After our own legal analysis and speaking with [Department of Elections] Commissioner [Anthony] Albence, I have directed the Department of Justice to take all necessary steps to appeal the Superior Court’s ruling. We will file our appeal quickly and intend to request a decision from the Delaware Supreme Court so that voters have final clarity in time for the September primaries,” she said.

The recent decision will not affect the April 2 presidential primary. Jennings urged legislators to approve a constitutional amendment that would create one policy on elections. A constitutional amendment requires two-thirds approval by the General Assembly across two successive sessions. She specifically mentioned Senate Bill 3, sponsored by Sen. Darius Brown, D-Wilmington, that passed the Senate 15-5 with one absent in May 2023. The bill is the first leg of a constitutional amendment that would eliminate the limitations on when an individual may vote absentee and authorizes the General Assembly to enact general laws providing the circumstances, rules and procedures for absentee voting in the state. 

On Feb. 29, House leadership filed an amendment that would require the state to offer in-person early voting for 10 days before a general, primary or special election, including the weekend before Election Day.