League of Women Voters of Delaware v. Delaware

This action seeks a declaratory judgment that, under the current circumstances, Delaware’s return deadline violates the Elections Clause and Right to Vote Clause of the Delaware Constitution. The only way to remedy these violations and prevent the disenfranchisement of Delaware voters is to enjoin defendants from failing to count votes on ballots that are mailed on or before Election Day—including (1) ballots received by mail between 8:00 PM on November 3 and 8:00 PM on November 6; and (2) ballots received by mail between 8:00 PM on November 6 and 8:00 PM on November 13 bearing a postmark, scan code, or other official USPS indicator that the ballot was mailed on or before November 3.