15 Del. C. § 8105: Enforcement and pre-suit notice [Effective July 1, 2027].

(a) An action to cure a violation of § 8102 or § 8103 of this title may be brought in a court of competent jurisdiction by an individual aggrieved by such violation, an organization aggrieved by such a violation, or the Attorney General. Members of 2 or more protected classes may jointly file an action. In furtherance of § 9 of Article I of the Delaware Constitution, this section must be construed liberally to confer standing broadly.

(b) An organization aggrieved by a violation of the Delaware Constitution or § 8102 or § 8103 of this title includes an organization whose membership includes individuals aggrieved by a violation, an organization whose mission would be frustrated by a violation, an organization that would expend or divert resources to fulfill its mission as a result of a violation, or an organization that would expend greater resources or efforts to advocate before an elected body that is less responsive to the organization or its members due to a violation. An organization shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members, except, however, if an organization asserts standing on the basis that members of the organization are aggrieved, a court may compel the organization to provide affidavits from impacted members sufficient to satisfy these requirements if it is not satisfied with any initial organizational affidavit or other proof lacking identifying membership information. Such court order must allow for an organization to produce any necessary records or portions thereof under seal or in any like manner recognized by court rules in which confidential information is protected from public view so long as the organization demonstrates good cause by providing any credible statement that its members privacy or safety interests would be negatively impacted by public knowledge of their membership in the organization or involvement in the lawsuit. Such sealed or confidential records shall remain under seal indefinitely following final judgment.

(c) In an action involving a districting plan, an individual who is a protected class member or an organization with a protected class member who resides in the defendant jurisdiction, whether or not the individual resides in any particular district, may challenge the districting plan as a whole.

(d) Except as set forth in subsection (e) of this section, before filing an action under § 8101 of this title, a party described in subsection (a) of this section, other than the Attorney General, must send a notice letter to the political subdivision or the Department of Elections identifying with specificity the potential violation of § 8102 or § 8103 of this title or the Delaware Constitution, the type of remedy the plaintiff believes may address the potential violation, and relevant facts and evidence that the prospective plaintiff relied upon when evaluating whether a potential violation is present. The party may not file an action within 50 days after sending the notice letter. The party may file an action if the constitutional or statutory deficiency persists 50 days following the sending of the notice letter.

(1) The political subdivision or the Department of Elections may work with the party that provided notice to implement a remedy that cures the potential violation. If the legislative body of the political subdivision adopts a resolution identifying a remedy, affirming its intent to enact and implement a remedy, and establishing a timeline and specific steps it will take to do so, the party may not file an action within 120 days after sending the notice letter.

(2) In response to a notice letter, the political subdivision may adopt a resolution denying that a violation exists, or otherwise formally deny a violation, which will abrogate the 50-day waiting period otherwise required and permit the party who sent a notice letter to file an action immediately.

(3) If, under the laws of this State, the legislative body of a political subdivision lacks authority to enact or implement a remedy identified in such a resolution, the political subdivision may nonetheless enact and implement a proposed remedy upon approval of a court of competent jurisdiction.

(4) Following the party’s submission of a notice letter, the party may file an action if the political subdivision has not enacted or implemented a remedy within the time periods designated by this subsection or the political subdivision has enacted or implemented a remedy that does not remedy the violation identified in the party’s notice letter.

(e) A party with standing under subsection (a) of this section may file an action against a political subdivision or the Department of Elections without first sending a notice letter under any of the following circumstances:

(1) The party is seeking preliminary relief with respect to an upcoming election.

(2) Another party has already submitted a notice letter alleging a substantially similar violation and that party is eligible to file an action.

(3) The prospect of obtaining relief under subsection (d) of this section would be futile.

(4) The party has received an initial written decision regarding the alleged violation of § 8102 or § 8103 of this title from either a municipal Board of Elections or the State Election Commissioner pursuant to § 7552(a) and (b) of this title.

(f) In any action alleging a violation of § 8102 or § 8103 of this title, in which a party seeks preliminary relief with respect to an upcoming election, a court must grant relief if it determines both of the following:

(1) Plaintiffs are more likely than not to succeed on the merits.

(2) It is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election and such remedy would not substantially increase the risk that eligible voters will be prevented from voting or having their ballots counted.