DOVER, Del. — Delaware’s Supreme Court on Friday reversed a judge’s ruling that state laws allowing early voting and permanent absentee status are unconstitutional.
“Because we have concluded that the plaintiffs do not have standing, we do not reach the merits of their state constitutional claims,” Traynor wrote in an opinion for the court. In a concurring opinion, Justice Karen Valihura agreed that Hocker did not establish standing as a candidate, and Mennella’s status as an election inspector also was not sufficient. But she said her colleagues went too far in focusing on lawsuits over the 2020 presidential election while addressing the thorny issue of registered voter standing.
The ruling comes after Superior Court Judge Mark Conner declared in February that Mennella and Hocker had shown by “clear and convincing evidence” that the laws were “inconsistent with our constitution.”
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