Republicans Challenge Same-Day Registration and Mail-in Voting in Delaware
WASHINGTON, D.C. — On Wednesday, July 27, the Public Interest Legal Foundation (PILF) — a conservative legal organization — announced that it filed a lawsuit on behalf of Delaware House of Representatives candidate Michael Higgin (R), and an inspector of elections for the Delaware Department of Elections challenging the state’s two recently enacted pro-voting laws, which establish no-excuse mail-in voting and same-day voter registration. The plaintiffs allege that the challenged laws conflict with multiple provisions of the Delaware Constitution because they allow voters to cast ballots outside of the constitutionally designated Election Day and authorize absentee voting for reasons “beyond those permitted by the state’s constitution.” They also argue that the same-day voter registration law violates a section of the state’s constitution that “prohibits potential electors from registering to vote ‘less than ten days before’ the general election.” The lawsuit asks the court to rule that these two laws violate the Delaware Constitution.
The plaintiffs claim that the new pro-voting laws “dilute their votes and those of their supporters.” In other words, the lawsuit argues that expanding opportunities for how and when voters may register and cast their ballots is harmful to Republican candidates. This lawsuit is not the first time PILF has challenged voting laws in Delaware; earlier this year, the conservative group filed a lawsuit against the state’s early and absentee voting statutes.