The ACLU of Delaware, alongside the League of Women Voters of Delaware (LWVDE), filed an amicus brief with the Delaware Supreme Court in support of Delaware’s Early Voting and Permanent Absentee Voting Statutes.  

In February of 2024, Delaware’s Superior Court ruled that laws allowing early voting and permanent absentee status violate the State’s constitution, invalidating the statutes. This decision limits voting accessibility for eligible voters statewide, despite both laws having been relied upon by tens of thousands of Delaware voters in recent elections. 

Our filing maintains that the Delaware State Supreme Court should find both laws constitutional, as many other states’ laws have been upheld allowing both Election Day and early voting to coexist, as they advance democratic participation through early and permanent absentee voting. As members of the Delaware Voting Rights Coalition (DVRC), ACLU-DE and the LWVDE work to increase access to voting in our state and provide resources for voter education. It is more important than ever that we expand and protect access to the ballot for all eligible voters in Delaware.

Learn more about DVRC


Dwayne J. Bensing, Andrew Bernstein

Date filed

April 26, 2024


Delaware Supreme Court



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