Delaware Supreme Court Upholds Absentee Voting Law

State of DE - The Delaware Supreme Court has ruled in favor of the state, keeping its permanent absentee voting law in place. The unanimous decision came on September 21, 2026, and denied a challenge from State Senator Gerald Hocker.

Attorney General Kathy Jennings announced the ruling, which affirms an earlier decision from the Delaware Court of Chancery. The court found that the law does not let ineligible voters cast absentee ballots.

The justices wrote that the lawsuit "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."

Attorney General Jennings called the ruling a win for veterans, senior citizens and Delawareans with disabilities who use permanent absentee voting.

She said, "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. 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 released a statement following the ruling. It 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."

Senator Hocker filed the lawsuit on August 5, 2026, against State Election Commissioner Anthony Albence and the Department of Elections. It was his second attempt to challenge the law, which he once voted to pass. Attorney General Jennings won a nearly identical case against Hocker in 2024, also by a unanimous Delaware Supreme Court decision.

The Delaware Court of Chancery ruled against Hocker on September 4, 2026. He then appealed that decision to the Delaware Supreme Court.
Permanent absentee voting has been used by thousands of Delawareans over several election cycles.

In the November 2024 general election alone, more than 38,000 voters used absentee ballots, including veterans, people with disabilities and caregivers. With this ruling, those voters will be able to keep using that option in future elections.