ALBENCE v. HIGGIN

No. 342, 2022.

295 A.3d 1065 (2022)

The Honorable Anthony J. ALBENCE, in his official capacity as State Election Commissioner, and State of Delaware Department of Elections, Defendants Below, Appellants/Cross-Appellees, v. Michael HIGGIN and Michael Mennella, Plaintiffs Below, Appellees/Cross-Appellants. Delaware Department of Elections and Anthony J. Albence, State Election Commissioner, Defendants Below, Appellants, v. Ayonne "Nick" Miles, Paul J. Falkowski, and Nancy M. Smith, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: December 13, 2022.


Attorney(s) appearing for the Case

Alexander S. Mackler, Esquire , Allison J. McCowan, Esquire , Zi-Xiang Shen, Esquire , and Victoria R. Sweeney, Esquire , DELAWARE DEPARTMENT OF JUSTICE, Wilmington, Delaware, for Appellants/Cross-Appellees The Honorable Anthony J. Albence and the State of Delaware Department of Elections.

M. Jane Brady, Esquire , BRADY LEGAL GROUP LLC, Lewes, Delaware, for Appellees/Cross-Appellants Michael Higgin and Michael Mennella.

Charlotte Davis, Esquire and Noel H. Johnson, Esquire , PUBLIC INTEREST LEGAL FOUNDATION, Indianapolis, Indiana, for Appellee/Cross-Appellant Michael Mennella.

Julianne E. Murray, Esquire , LAW OFFICE OF MURRAY, PHILLIPS & GAY, Georgetown, Delaware, for Appellees Ayonee "Nick" Miles, Paul J. Falkowski and Nancy Smith.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, Justices and JURDEN, President Judge constituting the Court en banc.


On July 22, 2022, Governor John C. Carney, Jr., signed into law two pieces of legislation affecting how the citizens of our State register to vote and cast their ballots. Under one bill—what this opinion will refer to as the Same-Day Registration Statute—the deadline for registering to vote in any presidential primary...

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