Case: The Republican State Committee of Delaware v. The State of Delaware Department of Elections
2020-0685-SG | Delaware state trial court
Filed Date: Aug. 19, 2020
Closed Date: Sept. 29, 2020
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Case Summary
This case concerns the constitutionality of Delaware's House Bill 346 ("HB 346"), which established a universal vote-by-mail system for the 2020 general election in response to the COVID-19 pandemic.
On August 19, 2020, the Republican State Committee of Delaware (the "RSC"), along with individual plaintiffs John Foltz and Paula Manolakos, filed a lawsuit in the Court of Chancery of the State of Delaware against the State of Delaware Department of Elections and State Election Commissioner Anthony J. Albence. The plaintiffs were represented by Klein LLC, while the defendants were represented by the Delaware Department of Justice and Connolly Gallagher LLP. Vice Chancellor Sam Glasscock III was the presiding judge.
The RSC sought a permanent injunction to prevent the implementation of HB 346 and a declaratory judgment that the law violated Article V, § 4A of the Delaware Constitution, which enumerates specific and exhaustive grounds for absentee voting. They argued that the new law improperly expanded absentee voting beyond constitutional limits by allowing all registered voters to vote by mail without meeting the conditions outlined in Art. V, § 4A, of the state constitution. They further contended that the General Assembly exceeded its authority by relying on Article XVII, § 1, which permits emergency legislation to ensure governmental continuity, asserting that the COVID-19 pandemic did not justify such measures since in-person voting remained available, and the Delaware Constitution already permits those sick or with physical disability to vote absentee - and the State previously announced that it would interpret this language to include any voter who has an at-risk condition or is caring for an at-risk person. The RCS claims that they and other Republican State Committee members will be irreparably harmed by HB 346 as the “vote by mail” system is rife with potential problems and pitfalls, as evidenced by the 5.2% rejection rate of ballots mailed in for the Delaware presidential primary and untimely delivery of ballots.
The Department of Elections maintained that HB 346 was a temporary, emergency measure necessary to protect public health and ensure election integrity during the pandemic. They contended that Article XVII, § 1 provided a constitutional basis for the law, as it allowed for legislative action to ensure the continuity of government in times of emergency. They stated that “due to the highly contagious nature of COVID–19 and the need to protect the electors and polling workers in this State from infection of COVID–19, voting by mail is necessary and proper for [e]nsuring the continuity of governmental operations, and to conform to the requirements of Article V, § 4A, would be impracticable.”
On September 28, 2020, Vice Chancellor Glasscock issued a Memorandum Opinion denying the RSC's request for injunctive relief. The court held that HB 346 was constitutionally valid under Article XVII, § 1, as the General Assembly had appropriately determined that expanded vote-by-mail was necessary to preserve government continuity during the public health crisis. The court further emphasized that legislation enjoys a presumption of constitutionality, and the RSC failed to provide clear and convincing evidence that HB 346 violated the Delaware Constitution.
As of the date of the decision, the case was concluded, with the court upholding HB 346 as a lawful emergency measure applicable only to the 2020 election cycle.
Summary Authors
Sierra Winokur (2/6/2025)
People
Glasscock, Sam (Delaware)
Boyer, Matthew F (Delaware)
Broujos, Frank (Delaware)
Goldstein, Aaron R. (Delaware)
Hall, Trisha W (Delaware)
Documents in the Clearinghouse
Resources
Docket
Last updated March 10, 2024, 1:46 p.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Aug. 19, 2020
Closing Date: Sept. 29, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Republican State Committee of Delaware and two residents of Delaware who are registered to vote in the state of Delaware
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Delaware State Election Commissioner
State of Delaware
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Delaware state trial court 2020-0685-SG
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting:
Voting: Physical/Effective Access
Case Summary of The Republican State Committee of Delaware v. The State of Delaware Department of Elections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17871/ (last updated 2/6/2025).