This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
The Republican State Committee of Delaware v. The State of Delaware Department of Elections
The Republican State Committee of Delaware v. The State of Delaware Department of Elections, No. 2020-0685-SG (Del. Chancery Ct.)
|Case Summary||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.|
|Type of Court||State|
|Issue Tag(s)||Authority To Act (Other)
New law violates state constitution, which explicitly enumerates permissible reasons for casting absentee ballot.
|Complaint(s)||08/19/2020: Complaint filed.|
|Dispositive Ruling(s)||09/28/2020: Other, Article XVII, § 1 of the Delaware constitution gives the General Assembly the power to act extra-constitutionally in light of a health emergency. The court held that the legislature’s new law, permitting no-excuse absentee, is rationally related to this constitutional authority, and so is valid. The court denied the injunction against the new law.|