The Delaware Court of Chancery has ruled that the Permanent Absentee Statute does not violate the Delaware Constitution. This decision affects candidates and voters in the upcoming November 2026 general election. The ruling clarifies the eligibility requirements for absentee voting in Delaware, ensuring that voters who qualify can continue to receive ballots automatically.
The case, titled The Honorable Gerald W. Hocker v. The Honorable Anthony J. Albence, in his official capacity as State Election Commissioner, was filed under docket number C.A. No. 2026-1021-BWD. The plaintiffs, Gerald W. Hocker and Steven Washington, are candidates for the Delaware State Senate. They challenged the validity of the Permanent-Absentee Statute, claiming it improperly expanded eligibility for absentee voting beyond what the Delaware Constitution allows.
The dispute centers around Article V, Section 4A of the Delaware Constitution, which outlines specific reasons for absentee voting. The plaintiffs argued that the Permanent-Absentee Statute allows voters to maintain absentee status indefinitely, even if they no longer meet the criteria for absentee voting. They contended this practice enlarges the pool of absentee voters, which is not permitted under the state constitution.
The Permanent-Absentee Statute, enacted in 2010 and amended in 2012, allows voters who cannot appear at polling places for specific reasons to apply for permanent absentee status. The Delaware Department of Elections then sends absentee ballots automatically to those individuals for each election. The plaintiffs argued that this process violates the constitutional requirement that absentee voting is limited to voters who are unable to appear in person at the polling place for a specific election.
The court, led by Vice Chancellor David, reviewed the arguments and determined that the Permanent-Absentee Statute does not expand the eligibility criteria for absentee voting. The court stated, "Because the Permanent-Absentee Statute neither expands the circumstances qualifying an elector to vote absentee, nor permits an elector to vote absentee if he or she is able to appear in person, it does not contravene the Delaware Constitution." This ruling effectively dismissed the plaintiffs' claims and upheld the statute.
The court's decision has significant implications for future elections in Delaware. It confirms that the Permanent-Absentee Statute remains valid and that voters who qualify can continue to receive absentee ballots without additional verification for each election. This ruling also highlights the court's deference to legislative authority in establishing voting laws, as long as they do not conflict with constitutional provisions.
Moving forward, this ruling sets a precedent for how absentee voting laws will be interpreted in Delaware. It reassures voters that the current absentee voting process will remain in place, allowing for greater accessibility in the electoral process. However, it also underscores the importance of keeping voter registration and absentee status updated to ensure compliance with the law.
As for what’s next, the plaintiffs may consider appealing the decision to a higher court, but details regarding any potential appeal were not available in the court filing. The outcome of this case may influence similar challenges to absentee voting laws in other states as well.