Attorney General Bonta Joins Multistate Coalition Supporting Delaware’s Early Voting Law

OAKLAND – California Attorney General Rob Bonta today joined a coalition of 14 attorneys general in an amicus brief in support of Delaware’s election officials, who are defending a challenge to Delaware’s early voting law in Albence v. Mennella. In the case, a trial court ruled that Delaware’s constitutional provisions, which set the date of the statewide general election as the Tuesday following the first Monday in November, preclude the state legislature from establishing early voting before the enumerated Tuesday. In the brief, the attorneys general argue that Delaware’s “election day” provision does not prevent the state legislature from implementing early voting; note that similar challenges to early voting have been rejected by several federal and state courts; and observe that 46 other states have established early voting provisions. In the brief, the coalition urges the Delaware Supreme Court to reverse the trial court’s decision and uphold Delaware’s right to establish early voting.

“Early voting is an important and lawful manner of increasing the ability of citizens to participate in our democracy,” said Attorney General Bonta. “Legislatures across the nation — including in California — have recognized the importance of early voting, and Delaware is no different. I urge the Delaware Supreme Court to reverse the trial court’s erroneous decision and allow Delaware voters access to early voting.”

Like Delaware, many states have constitutional provisions that provide for a specific election date. Of the 46 states with early voting, 29 have constitutional provisions specifying that their elections must occur on a certain date. And the great weight of precedent allows early voting, despite election date provisions. Early voting has shown increased participation in democratic self-governance and in a manner consistent with our state constitutions and federal law. In addition, several coalition states permit weekend early voting; and some grant local election officials’ discretion as to whether to provide additional early voting days. Extending the voting period affords more individuals the opportunity to vote by reducing wait times, increasing scheduling flexibility, and enabling voters who may experience obstacles to participating on Election Day itself — including elderly voters and voters with disabilities — a better opportunity to participate.

In the amicus brief, the coalition argues that the trial court’s decision should be overturned as:

• Election Day provisions similar to Delaware’s do not prevent state legislatures from providing for early voting.
• States with Election Day provisions similar to Delaware’s have consistently adopted early voting.
• The Delaware Constitution, like many other state constitutions, expressly authorizes the legislature to adopt “the means, methods, and instruments of voting” including early voting. 

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Massachusetts, Arizona, Hawaii, Illinois, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Vermont, Washington, and the District of Columbia.  

A copy of the amicus brief is available here.