295 A.3d 1065
Del.2022Background
- On July 22, 2022 the Governor signed two election laws: a Same‑Day Registration statute (permits registration on election day) and a Vote‑by‑Mail statute (authorizes no‑excuse mail ballots for non‑presidential elections).
- Plaintiffs (voters and a candidate) sued in the Court of Chancery, alleging violations of the Delaware Constitution (Art. V §4 for registration; Art. V §4A for absentee voting).
- The Court of Chancery: rejected some standing arguments, upheld Same‑Day Registration, and invalidated Vote‑by‑Mail based on Delaware precedent; litigation was expedited for the 2022 election.
- The Delaware Supreme Court heard expedited appeals, held that plaintiff candidate (Higgin) had standing, and issued a unanimous order concluding both statutes violated the state Constitution.
- This published opinion explains the Court’s reasoning: Vote‑by‑Mail impermissibly enlarges the constitutionally enumerated absentee categories in §4A; Same‑Day Registration undermines §4’s registration, appeal, and correction procedures and uniformity requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing (candidate plaintiff) | Higgin: candidate suffers concrete injury from unlawful ballots and lost campaign opportunity | Dept./Albence: Plaintiffs lack standing | Held: Higgin has standing to challenge both statutes |
| Vote‑by‑Mail statute — conformity with Art. V §4A | Higgin: statute unlawfully expands absentee voting beyond §4A’s categories | Dept.: mail voting differs from absentee; §4A not exhaustive; presumption of constitutionality | Held: Invalid — §4A’s enumerated absentee classes are exhaustive; legislature may only change by constitutional amendment (Lyons, Harrington, 1972 advisory opinion relied upon) |
| Same‑Day Registration — conformity with Art. V §4 | Higgin: allowing registration on election day violates §4 deadlines and prevents required appeal/correction procedures | Dept.: §4 establishes a minimum (floor) of registration days, not a ceiling; statute is constitutional | Held: Invalid — conflicts with §4’s registration window, appeal and correction mechanisms, and uniformity mandate; statute exceeds legislative authority |
Key Cases Cited
- State v. Lyons, 5 A.2d 495 (Del. Gen. Sess. 1939) (held early absentee‑voting statute incompatible with Constitution requiring in‑person voting)
- State ex rel. Walker v. Harrington, 30 A.2d 688 (Del. 1943) (held Soldiers’ Vote Act unconstitutional; emphasized polling places within State and pre‑election qualification determinations)
- Opinion of the Justices, 295 A.2d 718 (Del. 1972) (advisory opinion that §4A’s listed absentee classes imply exclusion of other classes for general elections)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing principle: when plaintiff is object of challenged action, standing is ordinarily satisfied)
- Carson v. Simon, 978 F.3d 1051 (8th Cir. 2020) (recognized that inaccurate vote tallies are concrete, particularized injuries to candidates)