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.

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The Vote-by-Mail statute violated the Delaware Constitution

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. 

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The Same-Day Registration statute also 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. 

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More formal opinion to come at a later time

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. 

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Disposition

The Court affirmed in part and reversed in part the judgment of the Court of Chancery.