Golden State Today

California Attorney General Rob Bonta has joined a coalition of 14 attorneys general in backing Delaware’s early voting law. The coalition is supporting Delaware’s election officials in defending a challenge to the state's early voting law in Albence v. Mennella.

"Early voting is an important and lawful manner of increasing the ability of citizens to participate in our democracy," expressed Attorney General Bonta in a statement.

The attorneys general argue in an amicus brief that Delaware’s "election day" provision does not prohibit the state legislature from implementing early voting. They point out that similar challenges to early voting have been rejected by several federal and state courts, and highlight that 46 other states have already established early voting provisions.

The coalition urges the Delaware Supreme Court to reverse the trial court’s decision and uphold Delaware’s right to establish early voting. They emphasize that early voting has shown to increase participation in democratic self-governance and is consistent with state constitutions and federal law.

In addition, the coalition states that several states permit weekend early voting and grant local election officials discretion to provide additional early voting days. This extension of the voting period aims to offer more individuals the opportunity to vote by reducing wait times, increasing scheduling flexibility, and assisting voters who may face obstacles on Election Day, such as elderly voters and voters with disabilities.

The coalition's amicus brief argues that the trial court’s decision should be overturned, noting that Election Day provisions similar to Delaware’s have not hindered other states from adopting early voting. The brief also points out that the Delaware Constitution, like many other state constitutions, explicitly allows the legislature to establish early voting.

Attorney General Bonta stands alongside his counterparts from Massachusetts, Arizona, Hawaii, Illinois, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Vermont, Washington, and the District of Columbia in supporting Delaware's early voting law.

A copy of the amicus brief can be accessed for further information.