Delaware Permanent Absentee Voting Status Challenge

An anti-voting lawsuit seeking to eliminate Delaware’s permanent absentee voting system.

Background

Delaware state Sen. Gerald Hocker (R) filed a lawsuit against the state’s election commissioner and the Department of Elections, challenging Delaware’s permanent absentee voting system. Delaware law allows certain voters — including people who are physically disabled and members of the military — to apply for “permanent absentee status.” Once granted permanent absentee status, voters automatically receive an absentee ballot for each election in which they are eligible to vote. Hocker argues that the system violates the Delaware Constitution because the Department of Elections is not required to verify a voter’s continuing eligibility for absentee voting before each election. He is asking the court to declare the permanent absentee voting system unconstitutional and block state election officials from enforcing it.

Why It Matters

This lawsuit is the latest example of Republican efforts to restrict access to voting by mail ahead of the 2026 midterms. If successful, it would eliminate Delaware’s permanent absentee voting system, making it more difficult for voters who rely on absentee ballots — including disabled and elderly voters — to vote by mail.

Latest Updates

• Aug. 5, 2026: Plaintiff filed his complaint.