Win for Following Election Rules: Court Rules Mail Voting in Delaware Violates State Constitution

Published On: September 15th, 2022

The Public Interest Legal Foundation secured an injunction to uphold Delaware’s election rules.

(Dover, DE) – September 14, 2022: In July of 2022, the Delaware General Assembly passed a mail voting law conflicting with Delaware’s Constitution, so ruled a court today in a challenge brought by the Public Interest Legal Foundation on behalf of a Delaware election official. The Public Interest Legal Foundation (PILF) filed a lawsuit against the vote by mail law on behalf of Michael Mennella. The complaint alleged that Delaware’s vote by mail statute violated Delaware’s Constitution.

Now, the Court ruled in PILF’s favor that the mail voting practice violates prohibitions in the Delaware Constitution and enjoined the practice. Article V, Section 4A of the Delaware Constitution provides for absentee voting in certain enumerated circumstances.

“This ruling upheld the rule of law in Delaware when not long-ago election officials across the country were ignoring the law,” said PILF President J. Christian Adams. “This law violated the election protections in Delaware’s Constitution. Election officials must follow the law.  When laws are followed, even losers of elections can agree with the outcomes. Consent of the governed increases when the election rules are followed.”

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

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

Jane Brady of Brady Legal Group LLC served on the team as co-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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