DELAWARE- House Bill 38 allows permanent early voting and opened the door for no excuse absentee voting, which has yet to be approved.
Jane Brady says the bill violates the Delaware Constitution which she says states that voting has to happen on a specific day. Her client, elections inspector Michael Manella agrees.
"He was very concerned about the conflict between the statute and between the constitution," Brady said. "And he wants the court to decide this conflict so that he knows what his duties and responsibilities are and he doesn't violate his oath."
But ACLU Delaware Executive Director Mike Brickner says the lawsuit doesn't have merit.
"We don't believe that it conflicts with the constitution," Brickner said. "So first of all, the absentee voter list allows people who are qualified for an absentee ballot if you are a military or overseas voter, a person who is regularly out of the state or a person who has a disability to sign up permanently."
Brady says in the next general election, there are nearly 24,000 people that will be eligible to receive a ballot without formally requesting it.
She claims this list includes people who are deceased and moved away.
"I'm concerned that a proper enforcement of the law as to general elections, the general assembly might not pass rules and laws that make the other two kinds of elections also follow the constitution," Brady said.
Brady says by allowing early voting, Delaware is essentially moving the election date, which she says violates the constitution. But Brickner doesn't believe that will hold up in court.
"It's not moving the day of the election," Brickner said. You're allowing people to go in early to be able to vote for an election on that day.
Brady says after the department of elections formally responds to the lawsuit that it will be heard in the Court of Chancery but it has not been assigned to a county yet.
Another debate about elections in the hands of higher courts.