Supreme Court of Delaware
The Honorable Anthony J. Albence v. Higgin
December 13, 2022
Summary
The Court held that a candidate had standing to challenge both statutes because allegedly invalid ballots and registrations could produce an inaccurate election tally affecting his legally protected interest in a constitutionally valid election. It held that the Vote-by-Mail Statute violated Article V, Section 4A by expanding absentee voting beyond the constitutionally enumerated categories, and that the Same-Day Registration Statute violated Article V, Section 4 by interfering with constitutionally required registration deadlines, appeals, and corrections. The Court affirmed the invalidation of the Vote-by-Mail Statute and reversed the judgment upholding the Same-Day Registration Statute.