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  • Albence v. Mennella

    Publication Date: 2024-07-16
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Kathleen Jennings, Attorney General of the State of Delaware, Alexander S. Mackler, Patricia A. Davis, Kenneth Wan, Delaware Department of Justice, Wilmington, DE; Donald B. Verrilli, Jr., Ginger D. Anders, Munger, Tolles & Olson LLP, Washington, DC for appellants.
    for defendant: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Noel H. Johnson, Public Interest Legal Foundation, Alexandria, VA for appellees.
    Case Number: 120, 2024

    Plaintiffs lacked standing to challenge voting procedures where one was not a candidate in the upcoming election cycle and the other's role as inspector of elections did not implicate the challenged procedures.

  • Reylek v. Albence

    Publication Date: 2024-01-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, petitioner pro se.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for respondent.
    Case Number: K22M-07-010 NEP

    Registered voter lacked a private cause of action to seek declaratory judgment to challenge certification of electronic voting machines where statutes were tailored to preserving a free and fair election system to and regulate the acquisition of machines.

  • Reylek v. Albence

    Publication Date: 2023-08-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, pro se petitioner.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for Respondent.
    Case Number: K22M-07-010 NEP

    The court dismissed petitioner's request for a writ of mandamus to compel state officials to only employ valid and legally certified voting system/machines but deferred ruling on whether an actual controversy existed to support a declaratory judgment.

  • Albence v. Higgin

    Publication Date: 2022-12-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Alexander S. Mackler, Allison J. McCowan, Zi-Xiang Shen, Victoria R. Sweeney, Delaware Department of Justice, Wilmington, DE for appellants.
    for defendant: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Charlotte Davis, Noel H. Johnson, Public Interest Legal Foundation, Indianapolis, IA; Julianne E. Murray, Law Office of Murray, Phillips & Gay, Georgetown, DE for appellees.
    Case Number: 342, 2022

    Same-day voter registration and vote-by-mail statutes violated the Delaware constitution, which specifically enumerated the categories of citizens entitled to cast votes by absentee ballot and also effectively undercut enumerated rights to challenge voter registration records.

  • Higgin v. Albence

    Publication Date: 2022-09-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Cook
    Attorneys: For plaintiff: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Charlotte Davis, Noel H. Johnson, Public Interest Legal Foundation, Indianapolis, IN; Julianne E. Murray, Law Offices of Murray, Phillips & Gay, Georgetown, DE for plaintiffs.
    for defendant: Allison J. McCowan, Zi-Xiang Shen, Victoria R. Sweeney, Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: 2022-0641-NAC

    Court granted in part and denied in part a request for a permanent injunction seeking to enjoin the enactment of two recently passed electoral laws which were to take effect prior to the general election on November 8, 2022.

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  • League of Women Voters of Delaware, Inc. v. Delaware Dep't of Elections

    Publication Date: 2020-10-28
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David M. Fry, Shaw Keller LLP, Wilmington, DE; Karen Lantz, ACLU of Delaware, Wilmington, DE for plaintiffs.
    for defendant: Aaron R. Goldstein, Ilona M. Kirshon, Allison J. McCowan, Frank N. Broujos, Delaware Department of Justice, Wilmington, DE; Max B. Walton, Matthew F. Boyer, Trisha W. Hall, Connolly Gallagher LLP, Wilmington, DE for defendant.
    Case Number: D69168

    Where Election Day deadline for receipt of mailed-in ballots was previously constitutional, and where alleged efforts by the U.S.

  • The Republican State Comm. of Delaware v. State of Delaware, Dep't of Elections

    Publication Date: 2020-10-14
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Julia B. Klein, Klein LLC, Wilmington, DE for plaintiffs.
    for defendant: Kathleen M. Jennings, Aaron R. Goldstein, Ilona M. Kirshon, Allison J. McCowan, Frank N. Broujos, Delaware Dep’t of Justice, Wilmington, DE; Max B. Walton, Matthew F. Boyer, Trisha W. Hall, Connoly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: D69154

    The general assembly's enactment of the Vote by Mail Statute complied with constitutional requirements, so plaintiffs were not entitled to injunctive relief.

  • Frost v. Manlove

    Publication Date: 2018-08-29
    Practice Area: Election and Political Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68266

    Petitioners were not entitled to a writ of mandamus where they had an adequate remedy at law, and they failed to establish a clear right to written recognition as a party candidate.

  • Adams v. Carney

    Publication Date: 2018-01-31
    Practice Area: Constitutional Law | Election and Political Law | Judges
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE, attorney for plaintiff
    for defendant: Christian D. Wright, Department of Justice Civil Division, Wilmington, DE; Ryan Patrick Connell, Department of Justice State of Delaware, Wilmington, DE, attorneys for defendants.
    Case Number: D68023

    Delaware's Political Balance Requirement for the state judiciary violated First Amendment where it acted as complete bar based on political party affiliation, as the position of judge was not a policymaking position.

  • Greene v. City of Delaware City Ethics Bd.

    Publication Date: 2017-10-25
    Practice Area: Contracts | Election and Political Law | Government
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Counsel: Barrett Edwards for respondent.
    for defendant:
    Case Number: D67913

    A city ethics board acted on substantial evidence where it found city council members extended preferential treatment to a party who sought to lease city property at a reduced rate which was not offered to other members of the public. Affirmed.