A judge has partially dismissed a lawsuit against the Red Clay School District and others alleging election violations during a referendum vote earlier this year.
Chancellor Travis Laster says the plaintiffs could not file suit against the Board of Canvass of New Castle County to get relief, but rather they should’ve targeted the county’s election department.
Laster also noted that the Court of Chancery didn’t have jurisdiction in the matter and couldn’t act on the case anyway.
Rebecca Young and her parents, Elizabeth and James Young sued the Red Clay School District and the Board of Canvass for allegedly making it difficult for disabled residents to get to the polls during a February tax referendum - which passed a nearly 900 vote margin.
The suit came days after a state justice department review found no wrongdoing by the school – including failing to find evidence of the Youngs’ claim of empty school busses left parked in handicapped spots.
The American Civil Liberties Union Delaware Chapter represented the Youngs, but didn’t respond when asked for comment on the decision.
A separate opinion addressing Red Clay School District will be released soon.
Correction: This article originally stated Chancellor Laster rejected the entire lawsuit. Changes reflect that only part of the case was dismissed. More on the remainder of the case can be found here.
