DOVER, Del. - The Delaware Supreme Court upheld the state’s permanent absentee voting law, rejecting a challenge filed by state Sen. Gerald Hocker.
The court issued a unanimous ruling on Sept. 21 affirming a Court of Chancery decision that upheld permanent absentee voting. In the ruling, the court said the plaintiffs’ argument rests on a faulty premise and the statute does not expand the categories of absentee voters beyond those permitted by the Delaware Constitution to those ineligible to vote absentee.
"I want to recognize that this is first and foremost a victory for the tens of thousands of veterans, senior citizens, and Delawareans with disabilities who rely on permanent absentee voting,” said Attorney General Kathy Jennings. “At the same time, we should be clear about what this lawsuit was: a last-minute attempt to suppress the vote by a plaintiff who once voted in favor of the very law he sought to overturn. I am grateful to the Court not only for their unanimous ruling, but also for their diligence in delivering their opinion quickly enough for ballots to go out on time.”
The Delaware Department of Elections said it will begin sending ballots to permanent absentee voters following the ruling. The Department offers three voting options to Delaware voters: early voting, election day voting and absentee voting for those eligible, including permanent absentee voting option for those voters who additionally qualify for that status.
Hocker filed the lawsuit on Aug. 5 against State Election Commissioner Anthony Albence and the Department of Elections, challenging the permanent absentee voting law. According to the Attorney General’s Office, Hocker previously voted for the law and filed a similar challenge in 2024. The office said the Delaware Supreme Court unanimously ruled against that earlier challenge. The Delaware Court of Chancery ruled against Hocker on Sept. 4 and he appealed the decision to the Delaware Supreme Court.
Thousands of Delaware voters have used permanent absentee voting in primary, general and special elections. According to figures provided by the Attorney General’s Office, more than 38,000 voters used absentee ballots in the November 2024 general election, including veterans, people with disabilities and caregivers. The Supreme Court ruling allows eligible voters who qualify for permanent absentee status to continue using that option.
