First State Times

Recently approved changes in the state’s election laws that allow for same-day voter registration and universal mail-in voting are in direct “conflict” with the Delaware Constitution, the Virginia firm the Public Interest Legal Foundation (PILF) alleges in a suit filed in July. 

Co-counsel on the lawsuit filed in Delaware’s Chancery Court is Jane Brady, former Delaware attorney general and chair of the state Republican Party. The suit states the laws "directly conflict with and violate" the state's Constitution.

“The Constitution says that you must vote in-person on Election Day unless you qualify under six reasons why you can’t,” Brady told the First State Times. “It’s also clear that registration for voting ends 10 days before the election.”

Brady noted that the Democrat-controlled General Assembly has tried for the past four years to amend the Constitution to make the voting changes, but failed.

“They need approval in successive sessions,” she said. “They got it during the first session, but failed in the second. So they enacted the legislation instead.”

Evidence, she said, that lawmakers know the measures are unconstitutional is that Gov. John Carney, a Democrat, waited three weeks to sign the bills into law, and did so in a closed ceremony on a Friday.

“Friday is when you do these kinds of things to avoid media scrutiny,” Brady said.

One of plaintiffs in the lawsuit is Michael Mennella, who has served as inspector of elections for the Delaware Department of Elections. The defendant is Delaware Election Commissioner Anthony Albence.  

“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,” a statement released by PILF said. “He wants clarity on which law he must follow – the statutes or the Constitution.”

Brady said that the election law changes don’t affect September’s primary elections.

"The language of the Constitution itself, and court decisions make clear that the provisions we feel are being violated only apply to the General Election," she said.