Delaware Supreme Court ends no-excuse mail ballots, same-day voter registration

On Oct. 7, 2022, the Delaware Supreme Court issued a ruling in Albence v. Biggin and Mennella, finding that a state law permitting no-excuse mail-in voting and same-day voter registration was unconstitutional. Voters may now only receive mail ballots under certain conditions and the deadline to register to vote in the Nov. 8 general election will be Oct. 15.

The majority-Democratic state legislature passed the legislation allowing both no-excuse mail-in voting and same-day registration passed this summer. Legislators passed the laws after votes to put them on the ballot as a constitutional amendment failed.

In a response to the ruling, a spokesman for Gov. John Carney (D) said, “The governor’s position has been simple and consistent,. We should make it easier – not harder – for all eligible Delawareans to vote and participate in our democratic process.”

Jane Brady, Delaware Republican Party chair, said, “I am very pleased that the court recognized the language of the constitution means something and it was important that the ruling they issued was supported by law.”

Additional reading: