absentee

The judge's findings read in part "The enactments of the General Assembly challenged today are inconsistent with our Constitution and therefore cannot stand." (Photo: WBOC)

DELAWARE-  A judge has struck down Delaware's absentee and early voting statutes, declaring them unconstitutional and the decision has sparked a diverse range of opinions among supporters and critics.

With the general election on the horizon, Delaware Senate Majority Leader Bryan Townsend (D-Dist. 11) voiced concerns about the ruling's impact in November.

"A whole lot of people who are used to voting absentee smoothly might not find it so smooth, and those are the most vulnerable Delawareans," Townsend said.

Former Delaware Attorney General Jane Brady, who filed the lawsuit, disagrees, emphasizing that the ruling doesn't change eligibility criteria but alters the distribution method of ballots.

"Nothing has changed about who is eligible. What has changed is that we are not going to mail all of these people who aren't, many of them, not eligible to vote ballots without any request," Brady explained.

Brady supported her argument with data suggesting that about 12 percent of absentee voters are ineligible, advocating for any changes to be made through a constitutional amendment. 

"If anyone wants to blame someone, it is all the people that came before that decided this is what our constitution should say," Brady added.

Townsend echoed similar sentiments, but said that Republicans had the opportunity to support constitutional modernization but chose litigation instead. 

"People are going to have a very different voting experience a more restrictive voting experience in 2024 than they deserve," he argued. 

Voter opinions on the issue are just as divided, with some like Chris Ecle emphasizing the importance of absentee voting.

"It gives people a chance to have a say in elections and I think it is important especially for military members to have a say," Ecle noted. 

Meanwhile, Dennis from Dover expressed concerns about the potential for errors with the increasing number of absentee votes.

Delaware Attorney General Kathy Jennings is expected to announce her stance tomorrow.

Brady anticipates that the Department of Justice will appeal the decision to the Supreme Court, expecting the higher court to uphold the ruling.

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