Big Victory for Election Integrity in Delaware – Press Release

Posted on 10-10-2022

For Immediate Release

Big Victory for Election Integrity in Delaware

The Delaware Supreme Court today ruled that the statutes passed by the General Assembly in June allowing same day registration and vote by mail are unconstitutional.

Jane Brady filed a lawsuit representing Michael Higgin, a candidate, and Michael Manella, who has served as an inspector at election sites for a number of years, claiming the statutes violated the clear law of the Delaware Constitution. The Delaware Supreme Court agreed. While the Court has not issued a full opinion outlining its reasoning, it did make clear that the opinion will conclude that vote by mail, which was struck down by the Court of Chancery, is in fact unconstitutional. The opinion will also conclude that same day registration, which was upheld by the Court of Chancery is unconstitutional and the ruling in the Court of Chancery must be reversed.

“I’m very pleased today that the rule of law has prevailed. The Supreme Court‘s decision rests upon the plain and unambiguous language of the Delaware Constitution. While some may claim that this litigation was politically motivated, I would remind them of two things: first, the Court is comprised of Democrat and Republican attorneys who forgo participation in partisan activity while they remain on the bench. I had every confidence, regardless of the result, that the Court would decide this case on the merits. Further, the Court simply by its ruling maintains the status quo. There are no additional laws infringing on anyone’s right to vote as a result of this decision.” 

Brady clarified that the rules for this election on November 8 will be the same as the rules in past elections (except the year that Covid affected the election).

Brady also wanted voters to know that if they have requested a vote-by-mail ballot, they will not be able to vote by mail and will receive no ballot in the mail. “The Department of Elections has said that they will contact those individuals who did request a mail-in ballot and tell them that they may not vote by mail. I want to be sure that people know what the Court has ruled so they are not deprived of their vote based on a misimpression,” said Brady.


Brady Legal Group LLC

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