State of Delaware

Delaware Mail-in Voting Challenge

Miles v. Delaware Department of Elections

Lawsuit filed by Delaware voters challenging Delaware’s no-excuse mail-in voting law, Senate Bill 320, against the Delaware Department of Elections and the state election commissioner. The plaintiffs allege that S.B. 320 violates the Delaware Constitution by expanding the list of reasons that qualifies a person to vote by mail to beyond the list of reasons enumerated  The state constitution states that service members and their families, voters with disabilities, voters on vacation and those with religious exemptions can vote by mail, but S.B. 320 allows voters to vote by mail without an excuse.  The plaintiffs argue the enactment of no-excuse mail-in voting violates their “constitutional rights to absentee voting” by creating a new category of mail-in voting not listed in the Delaware Constitution. The plaintiffs ask the court to declare that S.B. 320 violates the Delaware Constitution and issue a permanent injunction to prevent the implementation of the law. This case was consolidated with Higgin v. Albence, where all future updates can be found.

Case Documents

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