Prisoner’s Legal Advocacy Network v. Carney
What's at Stake
Right now, an entire class of eligible voters in Delaware — those incarcerated in Delaware facilities while awaiting trial (“pretrial detainees”) or who have been convicted of misdemeanors, which are not disqualifying under state law (together with pretrial detainees, “eligible incarcerated voters”)—have no constitutional means of voting. Delaware does not permit in-person voting in its correctional facilities. And a recent Delaware Supreme Court decision has now foreclosed these voters from voting absentee. This leaves these voters completely disenfranchised ahead of the 2024 elections, in violation of the Fourteenth Amendment to the U.S. Constitution.
Summary
In Delaware, ineligible incarcerated voters are not offered an opportunity for in-person voting. While Delaware allowed eligible incarcerated voters to vote by absentee ballot in the past, in 2022, the Delaware Supreme Court struck down universal mail-in voting, with only few exceptions that did not include eligible incarcerated voters. This leaves thousands of eligible voters without any way to cast a ballot ahead of the November 2024 elections.
The ACLU of Delaware sent multiple letters to Delaware agencies calling on them to adopt in-person voting in Delaware Department of Correctional (“DDOC”) facilities, making clear that the State has a legal responsibility to ensure eligible voters can cast a ballot. In response, Delaware has declined to provide in-person voting opportunities for those residing in DDOC facilities.
Plaintiff PLAN, a coalition of jailhouse lawyers and advocates who support system-impacted individuals, filed suit in November 2023 in federal court in Delaware. Plaintiff asks the court to order Delaware to provide voting machines in facilities across the state. The ACLU, ACLU of Delaware, Shaw Keller LLP, and Proskauer Rose LLP represent PLAN in the case. Plaintiff filed a motion for a preliminary injunction to get relief for eligible incarcerated voters before the November 2024 election. The court held a preliminary injunction hearing in April 2024.
In August 2024, the Court dismissed the case without prejudice, holding that it lacked subject matter jurisdiction to hear Plaintiffs' claim.
Legal Documents
-
08/23/2024
Order Dismissing for Lack of Subject Matter Jurisdiction -
06/20/2024
Supplemental Brief Addressing Plaintiffs' Standing and Certification to the Delaware Supreme Court -
03/08/2024
Plaintiffs' Reply in Support of Preliminary Injunction -
02/16/2024
State’s Response Brief in Opposition to Preliminary Injunction -
12/15/2023
Plaintiffs’ Preliminary Injunction Brief -
12/07/2023
Complaint -
10/04/2023
Demand Letter to Governor -
10/14/2022
Demand Letter to Attorney General -
09/16/2024
Demand Letter to Department of Elections -
09/12/2022
Demand Letter to Department of Corrections
Date Filed: 08/23/2024
Affiliate: Delaware
Date Filed: 06/20/2024
Affiliate: Delaware
Date Filed: 03/08/2024
Affiliate: Delaware
Date Filed: 02/16/2024
Affiliate: Delaware
Date Filed: 12/15/2023
Affiliate: Delaware
Date Filed: 12/07/2023
Affiliate: Delaware
Date Filed: 10/04/2023
Affiliate: Delaware
Date Filed: 10/14/2022
Affiliate: Delaware
Date Filed: 09/16/2024
Affiliate: Delaware
Date Filed: 09/12/2022
Affiliate: Delaware
Press Releases
Lawsuit Filed Challenging Delaware Pretrial Voter Disenfranchisement