Win for the Rule of Law: Delaware Supreme Court Rules that Universal Mail-In Voting and Same Day Registration Violate the Delaware Constitution

Published On: October 07th, 2022

The Public Interest Legal Foundation secured a legal victory to invalidate a state’s election statute.

(Dover, DE) – October 7, 2022: In July of 2022, the Delaware General Assembly passed a law permitting mail-in voting for any reason and same day voter registration. The Public Interest Legal Foundation (PILF) filed a lawsuit against the law. The complaint alleged that Delaware’s new law violated Delaware’s Constitution.  

Now, the Supreme Court of Delaware ruled that the mail-in voting and same day registration law violates the Delaware Constitution.

“This is a win for the rule of law in Delaware’s Elections,” said PILF President J. Christian Adams. “This law violated the plain text of the Delaware Constitution that provides specific reasons people are allowed to cast absentee ballots and when voter registration can take place. If Delaware lawmakers want to have mail-in voting, they need to pass a constitutional amendment.”

The Foundation’s client was Michael Mennella, an inspector of elections for the Delaware Department of Elections.

Earlier this year, the Foundation filed a lawsuit in Delaware regarding the state’s early and absentee voting statutes violating the state constitution.

Jane Brady of Brady Legal Group LLC served as local counsel.

Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.


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