AG Jennings protects absentee voting ahead of general election

Attorney General Kathy Jennings has defeated a Temporary Restraining Order and secured absentee voters' ability to vote in the upcoming general election.

On August 5, 2026, State Senator Gerald Hocker filed suit against State Election Commissioner Anthony Albence and the Department of Elections challenging permanent absentee voting in Delaware for the second time. AG Jennings won a near identical lawsuit filed by Sen. Hocker in 2024 with a unanimous decision from Delaware's Supreme Court.

"This is another 11th-hour voter suppression attempt from a plaintiff who seems to have forgotten that he once voted to pass the law he now seeks to destroy", said Attorney General Kathy Jennings. "Tens of thousands of veterans, senior citizens, and Delawareans with disabilities rely on permanent absentee voting. We've beaten this lawsuit before and we'll do it again."

On August 19, the Court of the Chancery entered an order which protects two types of permanent absentee voting for the 2026 general election. Under the order, permanent absentee voting for the 2026 general election is protected for both voters who qualify under the Uniformed Overseas Citizens Absentee Voters Act (UOCAVA) and those who have submitted their applications to vote on an absentee basis after the conclusion of the 2024 general election. If the Department and AG Jennings prevail in the litigation, all permanent absentee voters will receive ballots for the 2026 general election as they have in prior years, regardless of when they applied. If Senator Hocker prevails, permanent absentee voters will receive absentee ballots for the 2026 general election only if they renew their absentee voter application for this election cycle or are registered to receive absentee ballots under UOCAVA.

For several election cycles, thousands of Delawareans have relied on permanent absentee voting to cast their ballots in primary, general, and special elections. In the November 2024 general election, over 38,000 - including veterans, the disabled, and caregivers - used absentee ballots.

The final outcome of this litigation is still pending, with the case being expedited for resolution given the upcoming primary and general elections in September and November, respectively. Oral arguments for a final resolution to the case are slated to begin on September 4, 2026.

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