Hocker, et al. v. Albence, et al.

Delaware State Senator Gerald W. Hocker filed suit against State Election Commissioner, Anthony J. Albence, and the Delaware Department of Elections on August 5, 2026. The lawsuit challenged Delaware’s permanent absentee voting system, which currently allows qualifying voters to remain on a permanent absentee list and automatically receive mailed absentee ballots for elections where they retain eligibility to vote by absentee ballot.

On September 4, the Delaware Court of Chancery upheld permanent absentee voting, ruling that the statute, which only grants permanent absentee voting status for those unable to vote in-person for constitutionally sound reasons such as disability or service deployment, does not in any way conflict with the state constitution.

ACLU of Delaware, joined by the Community Legal Aid Society, Inc (CLASI), the League of Women Voters of Delaware (LWVDE), and The Arc of Delaware, filed an amicus brief in support of affirming the judgment of the Court of Chancery on September 14, 2026.

Oral arguments in the case took place on Wednesday, September 16.

In a win for voters, the Supreme Court of Delaware upheld the permanent absentee voting statute on September 21, 2026.