Brady Legal Group, Public Interest Legal Foundation File Action Regarding Voter Laws
Brady Legal Group, LLC today filed a lawsuit on behalf of Michael Mennella challenging the constitutionality of early voting and permanent absentee laws in Delaware. M. Jane Brady, counsel for Mr. Mennella, brought the action alleging that the provisions in Delaware statutes violate the requirements in the Delaware State Constitution in several respects. “Mr. Manella serves as an inspector for the Delaware Department of Elections. His obligation is to be sure that the people who vote are entitled to do so under the law. The conflict in the laws requires him to choose between following the law and violating his oath”, said Brady. The specific provisions of Delaware statutes that are being challenged are the law regarding early voting, which became effective last month, and the provision for permanent absentee voting status. “The Constitution provides you must vote in person on election day unless you qualify under very limited conditions to vote absentee. Early voting clearly violates that requirement. In addition, all the provisions related to absentee voting are transitional and temporary. The Department of Elections treats permanent absentee status as an indefinite status and does not require certification or renewed application each election. We believe that also violates Delaware’s Constitution”, said Noel Johnson of the Public Interest Legal Foundation. “It has been my pleasure to work with Noel Johnson and Christian Adams of the Public Interest Legal Foundation in developing this litigation and preparing the complaint”, said Brady. Noel Johnson, an attorney for the Public Interest Legal Foundation stated “Following a review of Delaware’s Constitution and the statutes, we came to the conclusion that the statutes clearly violate the purpose, intent and language of the Delaware Constitution. Our mission as an organization is to ensure that election contests are conducted lawfully and that citizens of every jurisdiction have secure and fair elections.” Brady made clear that the provisions of the Constitution do not affect special elections, such as the one being held in Delaware on March 5, or primary elections. “The language of the Constitution itself, and court decisions make clear that the provisions we feel are being violated only apply to the General Election”, said Brady.
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