The Delaware General Assembly approved a law in 2019 that allows early voting in person at least 10 days before the day of a general election. The Delaware State Constitution stipulates that the general election must be held on one specific day only.

A Delaware statute also allows registrants to apply to the Department of Elections for something called "permanent absentee status," even though the state constitution only allows absentee voting with strict restrictions on eligibility.

This law violates the constitution because it grants an individual the eligibility to vote by absentee ballot in perpetuity, without consideration of the applicant's eligibility in each subsequent election, according to Michael Mennella, an inspector of elections who says he's being forced to choose between enforcing the Constitution of Delaware or the unconstitutional statutes.

Mennella, a registered voter and resident of Newark, has served as an inspector of elections for the Delaware Department of Elections in at least eight elections during the past five to six years, according to court documents.

"Mennella is responsible for overseeing the election at his assigned polling place and administering the election in accordance with the Delaware Constitution, statutes, and other laws," the documents read. "Mr. Mennella plans to serve as an inspector of elections at the 2022 General Election and at other future elections."