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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.

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