PILF Is Arguing Before the Delaware Supreme Court on Constitutionality of Mail-In Voting and Same Day Registration

Published On: October 06th, 2022

The Public Interest Legal Foundation secured a legal victory to invalidate the state’s mail-in voting statute in a lower court.

(Dover, DE) – October 6, 2022: In July of 2022, the Delaware General Assembly passed a law permitting universal mail-in voting and same day voter registration. The Public Interest Legal Foundation (PILF) filed a lawsuit against these new laws alleging that they violated Delaware’s Constitution. In September of this year, the Chancery Court ruled in PILF’s favor that the new law allowing mail-in voting for any reason violated the state Constitution. The court agreed with PILF that Article V, Section 4A of the Delaware Constitution provides for absentee voting in only certain enumerated circumstances. The case was appealed to the Delaware Supreme Court.

Today, the Foundation has oral arguments before the Supreme Court of Delaware beginning at 9:30 A.M ET. You can watch the oral arguments here.

“This case is about the rule of law,” said PILF President, J. Christian Adams. “The Delaware Constitution only allows absentee voting in certain enumerated circumstances and lays out a specific time frame when voter registration is allowed. States cannot pass election laws that violate their own constitutions. Without the rule of law, elections are characterized by chaos and mistrust.”

The Foundation’s client is Michael Mennella, an Inspector of Elections for the Delaware Department of Elections.

Jane Brady of Brady Legal Group LLC serves 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.


For media inquiries, please reach out to Lbowman@publicinterestlegal.org

Public Interest Legal Foundation