Protecting Permanent Absentee Voting in Delaware Upheld by Delaware Supreme Court
September 22, 2026/
Two candidates (Senator Gerald Hocker and iPod State Senate candidate Steven Washington) in Delaware’s November General Election filed suit in the Delaware Court of Chancery challenging the constitutionality of the state’s permanent absentee voting statute. They alleged that the statute impermissibly expanded the categories of absentee voters laid out in the Delaware Constitution by permitting ineligible voters to vote absentee in a general election. The Delaware Supreme Court has sided with Delaware and upholds the State’s permanent absentee voting statute. The Delaware Supreme Court’s ruling was unanimous affirming the Chancery Court decision that upheld permanent absentee voting.
Additional information from AG Kathy Jennings:
On September 21, 2026, the Delaware Supreme Court issued a unanimous ruling affirming a Chancery Court decision that upheld permanent absentee voting, noting that “the plaintiffs’ argument rests on a faulty premise… 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.”
A statement from the Delaware Department of Elections read: “With the Delaware Supreme Court ruling issued, the Department of Elections will soon begin sending permanent absentee voters their ballots. The Department continues to offer 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.”
On August 5, 2026, State Senator Gerald Hocker filed suit against State Election Commissioner Anthony Albence and the Department of Elections challenging permanent absentee voting – a law he once voted to pass – for a second time; AG Jennings won a near identical lawsuit filed by Sen. Hocker in 2024 with a unanimous decision from Delaware’s Supreme Court. On September 4, 2026, the Delaware Court of Chancery ruled against Sen. Hocker, who then appealed to the Delaware Supreme Court.
For several election cycles, thousands of Delawareans have relied on permanent absentee voting to cast their ballots in primary, general, and special elections. In the November 2024 general election, over 38,000 voters — including veterans, the disabled, and caregivers — used absentee ballots. With the Supreme Court’s ruling, those individuals will continue to be able to do so.