Two Delawareans sue the General Assembly and the Governor for unlawful changes to election law in advance of the November Election

Posted on 07-22-2022

For Immediate Release

Media Contact:  George Rotsch 302-354-5730

A Republican Election Official and a Republican Candidate filed a lawsuit in the Delaware Court of Chancery challenging changes to election laws. The lawsuit was filed within hours of Governor Carney signing a bill to alter election laws and quietly change where and when Delaware residents can vote in primary and general elections.

The lawsuit, which was filed this morning by the legal counsel representing Republican Candidate Michael Higgin and Election Official Michael Mennella, challenges the constitutionality of the new laws.

The new laws would introduce same-day voter registration rules and establish mail-in voting.  Both changes have the potential to undermine confidence in our election and open the door to election fraud in the future.

“The Delaware Constitution is the supreme law of our state.  Any statute, especially election laws, must be consistent with the terms of the Constitution.  There are very specific provisions about election laws in the Constitution. Democrat legislature just bypassed the law.” stated Jane Brady, GOP State Chair, formerly a Judge on the Delaware Superior and Delaware State Attorney General.  She is representing the plaintiffs in their case.

“When the Democrats failed to get enough votes in the legislature to change our election laws the way the Delaware Constitution mandates, they simply bypassed the Constitution and passed a statute,” stated Hank Mc Cann, National Committeeman for Delaware Republican Party.

“The Governor and the Democrats are creating an environment where the majority party can alter election laws to keep themselves in office forever.  We are suing on behalf of everyone who wants to protect fair and honest elections in our state.   The Constitution requires a super majority of lawmakers to vote on new election laws in two different legislatures.  They tried but failed to get enough votes.  These are just made-up new rules,” declared Michael Higgins, Candidate for the House of Representatives in the 15th District.  He is challenging Majority Leader Longhurst.  

“I’m worried! If we don’t protect the Constitution from political stunts like this… we are throwing away our rights.  Ignoring the Constitution is a serious threat to all the other freedoms it protects”, stated Mennella.