ACLU-DE Statement on LWV Ballot Deadline Lawsuit Ruling

Affiliate: ACLU of Delaware
October 9, 2020 5:15 pm

ACLU Affiliate
ACLU of Delaware
Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

WILMINGTON, Del. — Earlier today, Vice Chancellor Glasscock handed down an opinion in the case brought by the League of Women Voters of Delaware seeking to extend the ballot deadline for mail-in ballots in the November 3, 2020 general election. The LWV lawsuit raised the concern that the dramatic expansion of mail voting combined with widely reported postal service delays would result in thousands of votes going uncounted in the General Election because they did not arrive by the current deadline of 8 p.m. on Election Day.

The Court held that while the plaintiffs’ concerns regarding USPS delays and votes going uncounted were not frivolous, the threat of disenfranchisement was too speculative at this juncture to warrant relief.

“Voting is our most fundamental right and the ACLU of Delaware will always fight to protect and expand that right,” said Karen Lantz, Legal and Policy Director of the ACLU of Delaware, “We are disappointed in the Court’s ruling and will be discussing next steps with our clients, but no matter what happens next, we won’t stop fighting to protect the vote in Delaware.”

The Plaintiffs and the ACLU of Delaware are grateful to David Fry of Shaw Keller LLP for ably leading this action.

This press statement can be found online here:

A copy of Vice Chancellor Glasscock’s opinion can be found online here:

The original press release and complaint can be found here:

By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.

The Latest in Voting Rights

ACLU's Vision

The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.

Learn More About Voting Rights

Voting Rights issue image

Voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest. The ACLU works to protect and expand Americansʼ freedom to vote.