Protected: ACLU of Delaware v. Dept. of Corrections

The Delaware Freedom of Information Act (FOIA) is a critical tool to facilitate public awareness and government accountability. Yet many state agencies continue to deny access to the very information FOIA was designed to make more transparent.

On January 27, 2025, the ACLU of Delaware filed an appeal with the Superior Court of Delaware following two FOIA request denials from the Delaware Department of Corrections (DOC) related to information on eligible incarcerated voters.

In August of 2024, ACLU-DE requested information about the number of incarcerated individuals who may be eligible to vote, as well as the necessary information to contact them, in order to advance voter education. The information requested was not confidential, nor did it pose any security risk. DOC's denial of these requests is indicative of a larger pattern of FOIA request denials from state agencies that keep important information out of view of the general public.

We stand firm in the belief that incarcerated people should not be denied the information or assistance necessary to exercise their civil rights. The right to vote is a cornerstone of our democracy, and voter education is critical to upholding it. When upheld as intended, FOIA can and should be a powerful tool in helping to educate the voting public.