Whistleblower Sues Delaware Over Election Laws That Unconstitutionally Extend Voting Time

An election integrity group is representing a state government whistleblower who claims in a new lawsuit that Delaware is playing fast and loose with state election laws by enforcing statutes that violate the state's constitution.

The Delaware General Assembly approved a law in 2019 that allows early voting in person at least 10 days before the day of a general election.

A Delaware statute also allows registrants to apply to the Department of Elections for something called "Permanent absentee status," even though the state constitution only allows absentee voting with strict restrictions on eligibility.

"Mennella is responsible for overseeing the election at his assigned polling place and administering the election in accordance with the Delaware Constitution, statutes, and other laws," the documents read. "Mr. Mennella plans to serve as an inspector of elections at the 2022 General Election and at other future elections."

"Inspectors of elections are forced to choose between obeying the statutes or following the state constitution. States cannot pass election laws that conflict with their constitutions. We are confident that the court will uphold the rule of law and the state's constitution."

The Indianapolis-based PILF describes itself as "The nation's only public interest law firm dedicated wholly to election integrity." The nonprofit organization "Exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections."

The Office of the State Election Commissioner in Delaware didn't respond to a request for comment by press time.

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