Lawsuit: Delaware’s Mail-in Voting & Same Day Registration Laws Violate the State Constitution

(Dover, DE) –July 27, 2022: The Public Interest Legal Foundation (PILF) filed a lawsuit in Delaware against the state’s newly passed law allowing mail-in voting and same day registration. The Foundation’s client is Michael Mennella, an inspector of elections for the Delaware Department of Elections.

This month, the Delaware General Assembly passed a law permitting mail-in voting and same day registration. These laws conflict with the Delaware Constitution. 

These laws fly in the face of the election protections in Delaware’s constitution. Additionally, Michael Mennella is harmed by the same day registration law because it forces him to choose between enforcing the Constitution of Delaware or these statutes. He wants clarity on which law he must follow – the statutes or the constitution. 

“These mail balloting and same day registration laws conflict with the Delaware Constitution,” said PILF President J. Christian Adams. “States cannot pass laws that conflict with their constitutions. It’s egregious that Inspectors of Elections are forced to choose between obeying the same day registration law or following the state constitution. Delaware lawmakers should read their own constitution before passing election laws.” 

Earlier this year, the Foundation filed a lawsuit in Delaware regarding the state’s early and absentee voting statutes violating the state constitution. Today’s case is just another effort by the Foundation to preserve the rule of law and advocate for orderly, fair elections in Delaware.

Jane Brady of Brady Legal Group LLC is serving 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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