Biden’s home state election law trouble: Lawsuit alleges early voting rules violate Delaware Constitution

Posted on 03-15-2022

Delaware resident says law that takes effect this year ‘puts [election] workers in a difficult position’

Michael Mennella of Newark, Delaware, has been an inspector of elections for the last five years, taking an oath himself and administering the oath to other election workers to obey voting laws. A violation of that oath could mean a fine or even prison time.

Mennella has filed a lawsuit against the Delaware Department of Elections contending a law that takes effect this year expanding early voting for both in-person and absentee ballots conflicts with the Delaware Constitution’s narrower approach and forces election staff to either follow the statute or follow the constitution.

“The penalties are criminal, so there probably would need to be a guilty intent, but it puts [election] workers in a difficult position of making a legal ruling that the courts are better able to decide,” Mennella told Fox News Digital. “And now that the workers know about the conflict, they, even more, want the court to decide the issue.”