State of Delaware

Delaware Voting Reforms Challenge

Higgin v. Albence

Lawsuit filed by the conservative group Public Interest Legal Foundation on behalf of a state House candidate, Michael Higgin (R), and Delaware voters against the state election commissioner Anthony Albence and Delaware Department of Elections. The lawsuit challenges two new Delaware laws that expand voting access: House Substitute 1 to House Bill 25 enacted same-day voter registration and Senate Bill 320 allows any voter to request a mail-in ballot without an excuse. The lawsuit alleges that the same-day registration and mail-in voting laws harm the Republican candidate because, “because [the laws] dilute his vote.” The lawsuit also argues that the new laws violate the state constitution and ask the court to declare mail-in voting and same-day voting unconstitutional and prevent the Delaware Department of Elections from enforcing the laws. 

Case Documents

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