Delaware

Delaware’s Emergency House Bill: Is It Junk Mail (Updated)?

jaboone · December 2, 2020 ·

By: Andrew Jeacoma

On July 1, 2020, Delaware Governor John Carney signed House Bill 346 (“HB 346”) into law. HB 346—as a response to COVID-19—grants all Delaware citizens the ability to vote by mail in the upcoming 2020 general election. The bill is a departure from the constitutional rule of voting-by-mail established by Article V, Section 4A of Delaware’s Constitution, which limited mail-in-voting to those who qualified under an exhaustive list.

In response to HB 346, The Republican State Committee of Delaware (the “RSC”) filed a complaint on August 19, 2020, against the state of Delaware Department of Elections and its commissioner, Anthony J. Albence. In their complaint, the RSC framed HB 346 as unconstitutional for three principle reasons: first, it goes against the already established constitutional rule governing absentee ballots. Second, in passing HB 346 the General Assembly impermissibly sought to amend the constitution. Third, the universal voting by mail envisioned by HB 346 has numerous practical problems that result in voter disenfranchisement. See here for a more thorough report on RSC’s complaint.

Political Attire Bans: What Can You Wear When You Vote?

Election Law Society · November 21, 2018 ·

By: Samantha Becker

On June 14, 2018, the Supreme Court invalidated a Minnesota law that prohibited wearing any “political badge, political button, or other political insignia” inside a polling place on Election Day.” The ban was interpreted to cover a variety of attire, such as t-shirts, buttons, and hats, and versions of the law had been in place for over a century. In a 7-2 decision, with Chief Justice John Roberts writing for the majority, the Court ruled that the Minnesota political attire ban was unconstitutional.

Who Would Dare Hack Delaware?

Election Law Society · November 27, 2017 ·

By Dorronda Bordley

As the investigation of Russia’s role in the 2016 Presidential election continues, the Department of Homeland Security (DHS) finally announced which states experienced hacking attempts within the last year. Among those targeted was Delaware. With only three Electoral College votes and a consistent Democratic voting record in the last seven presidential elections, it is bizarre to see Delaware in the company of swing states like Wisconsin, Virginia, and Pennsylvania. However, unlike Virginia, which is updating its voting system to ensure election security, Delaware is updating its voting system for a very different reason: efficiency. [Read more…] about Who Would Dare Hack Delaware?

The Sunlight Keeps Shining: The Supreme Court’s Denial of Certiorari Means that Delaware’s Disinfectant Election Disclosure Law Remains

Election Law Society · November 16, 2016 ·

By: Owen Ecker

In the wake of Citizens United v. FEC, Delaware took it upon itself to counteract the perceived “opening of the floodgates” ushered in by the United States Supreme Court on the issue of corporate third party political expenditures. As the state’s first major alteration in campaign finance laws for over two decades, House Bill 300, established to generate a greater amount of disclosure from third party advertisers, passed both houses of Delaware’s General Assembly by large margins (about 65 percent in the House of Representatives and 100 percent in the Senate) in 2012. Thereafter, the Governor of Delaware signed the Delaware Elections Disclosure Act (the “Act”) into law, which became effective in 2013. However, litigation ensued over the Act’s constitutionality, with one lawsuit making its way up to the Supreme Court.

Third Circuit Upholds Delaware Election Disclosure Law

Election Law Society · October 9, 2015 ·

By: Briana Cornelius

Earlier this summer, the Third Circuit Court of Appeals upheld a Delaware state election law that went into effect in 2013 and compels advocacy groups to disclose their political advertising donors. The Third Circuit’s ruling reversed a district court’s grant of a preliminary injunction declaring the law’s disclosure requirements unconstitutional.