Delaware Wins Three Court Rulings on Voting Rights

State of DE - Three separate courts have sided with Delaware in recent rulings meant to protect the state's election and campaign finance laws.

The rulings came from the U.S. Court of Appeals for the Third Circuit, Delaware's Court of Chancery, and a federal court in Massachusetts.

Attorney General Kathy Jennings said the cases are connected. "Each of these attempts to strip away Delawareans' voting rights and to obfuscate campaign spending are part of a shameless, coordinated attack against the fabric of our democracy," Jennings said. "No idea that requires silence to survive has any place in a democracy - but that is precisely the fight we're having: in statehouses and courthouses alike, extremists are trying to empower losing ideas by eroding the right to vote itself. They will not succeed."

The first ruling came on Monday, August 31, 2026. The Third Circuit denied an appeal from Americans for Prosperity Foundation, a campaign group tied to the Koch family. The group had sued Jennings and Elections Commissioner Anthony Albence to try to end the state's disclosure rules for third-party campaign advertisers.

Delaware law requires people or groups spending $500 or more to help elect a candidate to follow certain rules. Those rules include disclosing the names of anyone who gives more than $100 to support independent campaign spending in Delaware elections.

A federal judge had already denied the group's request to block the law back in June, ruling the group was unlikely to win the case. Monday's decision sends the case back to the U.S. District Court for the District of Delaware.

The second ruling came Friday, September 4. Delaware's Court of Chancery denied a lawsuit from State Sen. Gerald Hocker challenging the state's permanent absentee voting law. Hocker had voted to pass that same law in the past, and he lost a nearly identical lawsuit in 2024 in a unanimous ruling by the Delaware Supreme Court.

Tens of thousands of Delaware voters use permanent absentee voting.

Most are veterans, senior citizens, people with disabilities, or caregivers.

Even voters already approved for permanent absentee status are encouraged to submit a new application ahead of the 2026 general election to make sure they receive a ballot.

The third ruling also came on Friday, September 4. A federal court in Massachusetts issued a preliminary injunction blocking a new USPS rule from taking effect. The rule, issued August 21, would have placed new requirements on vote-by-mail systems ahead of the November 3 midterm elections.

The blocked rule would have required states to get federal approval for ballot and return-envelope designs. It also would have required states to register for a new USPS portal, which is not yet running, and enter mail voter information into that system. The injunction stays in place while the lawsuit against the rule continues.