On Oct. 7, 2022, the Delaware Supreme Court issued a ruling in Albence v. Biggin and Mennella, finding that a state law permitting no-excuse mail-in voting and same-day voter registration was unconstitutional. Voters may now only receive mail ballots under certain conditions and the deadline to register to vote in the Nov. 8 general election will be Oct. 15.
The majority-Democratic state legislature passed the legislation allowing both no-excuse mail-in voting and same-day registration passed this summer. Legislators passed the laws after votes to put them on the ballot as a constitutional amendment failed.
In a response to the ruling, a spokesman for Gov. John Carney (D) said, “The governor’s position has been simple and consistent,. We should make it easier – not harder – for all eligible Delawareans to vote and participate in our democratic process.”