Senior Fellow Mike Brickner is with the ACLU of Delaware, American Civil Liberties Union, Shaw Keller LLP, and Proskauer Rose LLP filing a lawsuit challenging Delaware’s failure to provide eligible incarcerated voters any constitutionally guaranteed method of voting, which violates their First and Fourteenth Amendment rights guaranteed by the U.S. Constitution.
“Those awaiting trial or convicted of misdemeanor offenses are still eligible to vote in state and national elections. To do so, they rely solely on absentee ballots since Delaware does not provide in-person voting within its correctional facilities,” explains this ACLU of Delaware page.
However, in 2022, the Delaware Supreme Court “struck down universal mail-in voting, with few exceptions that did not include eligible incarcerated voters. These groups were completely disenfranchised as a result,” they explain the main issue.