Munger, Tolles & Olson Secures Significant Appellate Victory for Absentee and Early Voting Laws in Delaware
On June 28, 2024, a Munger, Tolles & Olson appellate team secured a significant appellate victory when the Delaware Supreme Court overturned a lower court decision that invalidated the State’s permanent absentee and early voting laws.
MTO worked with the Delaware Department of Justice (DOJ) to defend State Election Commissioner Anthony Albence and the Delaware Department of Elections against a lawsuit that sought to strike down early voting and permanent absentee voting in all primary, general and special elections – laws that had ensured rights exercised by over 70,000 Delawareans in the previous election cycle to cast their votes.
After a superior court judge ruled in February that early voting and the permanent absentee law were unconstitutional, Delaware Attorney General Kathy Jennings quickly appealed and called on MTO to help restore these fundamental voting rights.
Convinced by oral arguments made by MTO in early June, the en banc Delaware Supreme Court vacated the lower court ruling that had jeopardized tens of thousands of Delawareans’ voting rights. The panel found that the plaintiffs did not have standing to bring their lawsuit and reversed the lower court’s ruling to invalidate absentee and early voting laws.
The MTO appellate team included Don Verrilli, Ginger Anders and Kyle Schneider.
The appellate win garnered media coverage in Law360, Law.com, 47abc WMDT, Delaware News Journal, WHYY and Spotlight Delaware.
About MTO’s Appellate Practice
Munger, Tolles & Olson’s appellate and Supreme Court practice is recognized as among the best in the nation and routinely handles the highest-stakes matters before the U.S. Supreme Court, U.S. courts of appeals, and state appellate courts. Our lawyers have secured victories in cases of historic importance and have won ground-breaking appeals around the country on a wide range of subjects, including antitrust, securities, intellectual property, cross-border disputes, and regulatory matters.