The Delaware Supreme Court has upheld the state's permanent absentee voting law, a decision that affects how absentee ballots are managed in upcoming elections. The ruling came in response to a challenge from two candidates, Gerald W. Hocker and Steven Washington, who argued that the law allowed ineligible voters to participate in elections. This ruling is significant as it clarifies the legal framework surrounding absentee voting in Delaware.
The case, Gerald W. Hocker and Steven Washington v. The Honorable Anthony J. Albence and State of Delaware Department of Elections, was filed on September 21, 2026, under docket number 406, 2026. The plaintiffs, both candidates for the November 2026 general election, claimed that the permanent absentee voting statute expanded the categories of absentee voters beyond what is allowed by the Delaware Constitution. They also argued that the Department of Elections was not adequately monitoring the eligibility of these voters.
The dispute began when Hocker filed a complaint against State Election Commissioner Anthony J. Albence and the Department of Elections, later joined by Washington. They sought a declaration that the permanent absentee voting statute was unconstitutional and requested an injunction to prevent absentee ballots from being counted in the upcoming election. The case was expedited due to the upcoming election, and the Court of Chancery ruled in favor of the defendants.
The Court of Chancery found that the permanent absentee voting statute did not expand the categories of absentee voters as claimed by the plaintiffs. Instead, it limited the eligibility to a subset of voters already recognized by the Delaware Constitution. The court stated, "Even imperfect procedures for policing permanent absentee voters’ continued eligibility do not render ‘every application’ of the Permanent-Absentee Statute unconstitutional." This ruling was affirmed by the Delaware Supreme Court.
In its ruling, the Delaware Supreme Court emphasized that the General Assembly has the authority to regulate absentee voting as long as it adheres to the constitutional categories established in Article V, Section 4A of the Delaware Constitution. The court noted that the statute requires voters to keep the Department informed of any changes in their eligibility, and it allows the Department to remove voters from the permanent absentee list if they are no longer eligible.
The impact of this ruling is significant for future elections in Delaware. It reaffirms the state's absentee voting procedures and clarifies the responsibilities of both voters and the Department of Elections. The ruling also sets a precedent for how absentee voting laws may be challenged in the future, emphasizing the need for clear and convincing evidence to prove a statute's unconstitutionality.
Moving forward, the ruling means that the permanent absentee voting statute will remain in effect, allowing eligible voters to continue participating in elections without the need for annual reapplication. This decision may also influence how similar laws are interpreted and applied in other states.
As for the possibility of an appeal, the court's decision is final unless new evidence emerges or a different legal argument is presented. There are currently no related cases pending that would challenge this ruling.