Bernstein: ACLU responds to ruling on early and absentee voting


We are disappointed by the court’s decision that Delaware’s early-voting and permanent absentee voting laws violate the state constitution. We believe that both laws are permissible under the Delaware Constitution and give voters, especially those historically disenfranchised, the options they need to cast a secure ballot.

We also back the state’s appeal of this decision and request a stay of its enforcement. Ballots for the upcoming presidential primary election may already be requested by overseas and uniformed voters, and plans for early in-person voting have been announced. It is in the best interest of voters to ensure the status quo and to ensure that voters may continue to access these options until the state’s highest court has had the ability to weigh in.

This attack on voting rights is part of a larger national effort to make it harder to participate in our democracy. Here in Delaware, we already saw the devastating impact of this larger national effort when another lawsuit successfully challenged no-excuse vote-by-mail and same-day registration.

These lawsuits are connected, and they aim to impose unpopular and anti-democratic rules upon Delawareans that make it harder for eligible voters to cast a ballot and relegate Delaware’s election laws behind many other states in terms of access. American Civil Liberties Union Delaware is committed to opposing this effort and ensuring that the state constitution advances our most fundamental right for every eligible voter to have his or her voice heard at the ballot box.

Andrew Bernstein

Voting Rights Fellow, American Civil Liberties Union Delaware

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