DE Legal & Civil Rights Orgs Submit Joint Amicus Brief in Permanent Absentee Voting Lawsuit

Dover, DE — Yesterday afternoon, the ACLU of Delaware (ACLU-DE), the Community Legal Aid Society, Inc (CLASI), the League of Women Voters of Delaware, and The Arc of Delaware submitted an amicus brief with the Delaware Supreme Court, urging the court to uphold permanent absentee voting laws ahead of the 2026 Midterm Elections.

Last month, State Senator Hocker — who is seeking re-election in the November 2026 general election — filed a lawsuit against the Delaware Department of Elections, claiming that permanent absentee voting laws are not valid under the Delaware Constitution. The complaint was later amended, with State Senate candidate Steven Washington joining Senator Hocker’s lawsuit.

“This challenge to permanent absentee voting is a repeat of a failed attack against the law in 2024 and is part of a larger pattern of voting rights attacks we’re seeing across the country,” stated Andrew Bernstein, ACLU-DE civic engagement counsel. “It is more important than ever that we fight to maintain access to the ballot for all eligible Delaware voters.”

Earlier this month on September 4, the Delaware Court of Chancery upheld permanent absentee voting. The court ruled 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.

“CLASI has a longstanding commitment to advocating for the rights of individuals with disabilities and ensuring their equal access to voting,” said CLASI Disability Rights Delaware Project Director Marissa Band. “Removing permanent absentee status would disproportionately affect voters with disabilities who are more likely to rely on permanent absentee ballots to exercise their fundamental right to vote. Our amicus brief urges the Delaware Supreme Court to uphold these essential voting mechanisms and safeguard the voting rights of Delawareans with disabilities.”

Permanent absentee voting remains intact and unchanged for today's 2026 Midterm Elections. Oral arguments in the case will take place tomorrow, Wednesday, September 16.