Prisoner’s Legal Advocacy Network v. Carney | American Civil Liberties Union

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.