In Albence v. Higgin, et al., No. 342, 2022 (October 7, 2022), the parties appealed after the Delaware Court of Chancery held that the Vote-by-Mail statute violated the Delaware Constitution, but that the Same-Day Registration statute did not.
In an expedited order, the Delaware Supreme Court found that the Vote-by-Mail statute, Del. Code tit. 15, ch. 56A (§§ 5601A-5621A), impermissibly expanded the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution. Therefore, the Court affirmed the Court of Chancery’s judgment finding that this statute violated the Delaware Constitution.
However, the Court also found that the Same-Day Registration statute, Del. Code tit. 15, § 2036, also violated the Delaware Constitution. The Court found that the statute conflicted with Article V, Section 4 of the Delaware Constitution. Accordingly, the Court reversed the Court of Chancery’s judgment as to this statute.
The Court explained that it issued an expedited order in recognition of the impending election on November 8, 2022. A more formal opinion fully explaining the Court’s decision will be issued at a later date. Nonetheless, the mandate issued immediately.
The Court affirmed in part and reversed in part the judgment of the Court of Chancery.