AGP Executive Report

Election Law Fight: Delaware AG Aaron Ford helped secure a court order blocking USPS from enforcing a mail-voting rule that would have required federal approval of ballot and return-envelope designs and forced states into a new USPS portal for voter tracking. Corporate Governance & Delaware Business: A Delaware Chancery Court caution on how to read between the by-lines, plus coverage of Delaware’s 2026 DGCL/LLC/LP Act amendments, keeps the spotlight on how state law shapes company decisions. Public Safety & Schools: Delaware Districts are moving to replace police officers with constables in middle schools, a shift that raises questions about discipline, oversight, and student safety. State Policy & Privacy: Delaware Governor signs expansive data privacy legislation, adding new protections for residents and businesses. Healthcare & Access: Multiple states’ coalitions challenge federal moves targeting transgender youth healthcare coverage, with Delaware-linked legal attention on what changes mean for Medicaid access. Energy Costs: Delmarva Power sues to overturn an interim electric rate cut, keeping pressure on utility pricing and regulators. Local Politics Calendar: Early voting opens for Delaware primary elections, with voter guides and candidate conversations rolling out ahead of the Sept. 15 ballot.

Election & Voting Rights: Nevada AG Aaron Ford won a preliminary injunction blocking USPS from imposing new mail-voting requirements while the case moves forward, a fight co-led with other states and aimed at federal control over ballot systems. Delaware Courts & Governance: Delaware’s Christina School District voted to phase out middle-school school resource officers and replace them with district constables, shifting arrest power while keeping armed security. State Policy & Privacy: Delaware Gov. Meyer signed major data-privacy legislation, expanding protections for residents and businesses. Energy & Utilities: Delmarva Power sued to overturn an interim electric rate cut, keeping pressure on the state’s utility-rate debate. Business & Law: A Delaware federal court ruling in an X/Twitter trademark fight cleared the way for a new “Twitter” branding effort, after the judge said X abandoned key terms and logos. Public Safety: Delaware’s early-voting push continues as election rules and deadlines remain in focus.

Delaware Utility Fight: Delmarva Power has appealed the Public Service Commission’s interim electric rate cuts in Delaware Superior Court, arguing the PSC improperly reduced a temporary Distribution System Improvement Charge—an effort that could affect how fast bills rise. School Safety Policy: Christina School District will phase out school resource officers at middle schools and replace them with armed constables, after a board compromise that keeps SROs at high schools for the full year. Corporate/Business Law: Delaware’s 2026 amendments to the DGCL, LLC Act, and LP Act (effective Aug. 1) clarify stockholder voting rules and update dissolution procedures, with compliance steps for corporations and alternative entities. Election Access: Delaware’s early voting period for the primary election is underway, with guidance for voters on where and how to vote. Public Safety Incident: Reports of a shooting at a new Cava in Dover on Sept. 4 triggered heavy police response, though details on suspects and injuries were not yet confirmed. Community & Civic Life: The Sussex County League of Women Voters plans a Sept. 15 event on sea-level rise preparedness, featuring Delaware Sea Grant’s Danielle Swallow.

School Safety Shake-Up: Christina School District will phase out school resource officers at middle schools and replace them with armed constables, after a board compromise vote that keeps SROs at high schools for the full year. Utility & Rates: Delmarva Power has appealed Delaware regulators’ interim electric rate cut, arguing the Public Service Commission reduced the interim hike too much and could push bills up faster than expected. Corporate Governance Watch: Delaware’s 2026 amendments to the DGCL, LLC Act, and LP Act (effective Aug. 1) clarify stockholder voting, dissolution steps, and alternative-entity governance—important for businesses and counsel tracking compliance. Elections & Voting Access: Delaware AG Nick Brown and a coalition won a preliminary injunction blocking USPS from imposing new vote-by-mail design and tracking requirements ahead of the Nov. 3 midterms. Local Politics: Ethics complaint filed against New Castle County Recorder of Deeds Mike Kozikowski by challenger David Tackett, alleging improper job-offer pressure during the recorder race. Courts & Tech Trademarks: In Delaware federal court, Elon Musk’s X got a partial win against “Operation Bluebird,” blocking use of the Twitter name while allowing others to use “tweet” and the blue bird logo.

Utility & Courts: Delmarva Power has appealed in Delaware Superior Court to overturn regulators’ cuts to its interim electric rate hike, arguing the Public Service Commission arbitrarily reduced a Distribution System Improvement Charge—an outcome that could mean faster bill increases for customers. Voting Rights Fight: AG Nick Brown and a coalition of 25 states won a preliminary injunction blocking USPS from forcing major redesigns and new tracking steps for vote-by-mail ahead of the Nov. 3 midterms, while the administration is expected to appeal. Health Care & Regulation: Three health systems—Bayhealth, TidalHealth, and Beebe—are challenging ChristianaCare’s proposed Georgetown micro-hospital, raising questions about Delaware’s hospital definition, licensing, and ownership/operations. State Politics & Ethics: An ethics complaint was filed against New Castle County Recorder of Deeds Mike Kozikowski after a challenger alleged he offered a job if the opponent didn’t run. Corporate Governance: Delaware’s 2026 amendments to the DGCL, LLC Act, and LP Act take effect Aug. 1, clarifying voting and dissolution procedures and adding guidance for alternative entity governance. Elections Organizing: The 14th RD Democrats plan a Sept. 14 primary kickoff featuring State Auditor Lydia York and a mini election-security training for volunteers. Business & Delaware Courts: Archblock LLC asked a Delaware bankruptcy court for more time on its Chapter 11 plan exclusivity as creditor talks continue.

Medicaid Fight Over Youth Gender Care: A coalition of 21 states (including Delaware) sued the Trump administration over an HHS rule that would block federal Medicaid funds for transgender youth gender-affirming care, with the rule set to take effect Oct. 13. Delaware Gun Law Package: Gov. Matt Meyer signed three bills creating an “Office of Gun Violence Prevention,” allowing “ghost gun” owners to register non-serialized firearms, and tightening dealer requirements and record-keeping. Delaware Privacy Push: Meyer also signed a sensitive-data privacy law restricting sale and processing of data like health, religion, and sexual orientation without clear consent and a “strictly necessary” link to the consumer’s request. Election Administration Under Threat: DHS asked for a federal probe of the pro-voting Center for Election Innovation & Research, alleging misuse of motor-vehicle data tied to ERIC; CEIR denies wrongdoing. Trademark Showdown in Delaware: A federal judge blocked a startup from using “Twitter” but allowed it to use “tweet” and the bird logo in a case involving Musk’s X. Housing/Development Watch: Georgetown is weighing whether to repeal its cottage-homes allowance after a 124-unit proposal faced uncertainty under state and local rules. Public Safety & Courts: Delaware State Police arrested a suspect in the WSFS Bank robbery in Rehoboth Beach; separately, Delaware teachers gained state-law protection when disciplining students unless conduct “shocks the conscience.” Business/Policy: A Delaware privacy and data-center debate continues as EPA considers weakening public comment requirements for data center air permits.

Gun Safety Push: Gov. Matt Meyer signed three new Delaware gun laws—dealer licensing and training, video surveillance and tighter records, plus a 6-month path to serialize “ghost guns,” and a permanent Office of Gun Violence Prevention. Immigration Protections: Meyer also signed three immigration-related bills in Milford, limiting civil arrests at certain state sites, restricting state/local cooperation in civil immigration enforcement at sensitive institutions, and curbing detentions tied only to civil immigration warrants. Primary Voting Gets Underway: Delaware’s 2026 primary early voting opened Sept. 2 and runs through Sept. 15, with guidance for AVR voters to choose a party up to Election Day and a reminder that Delaware uses closed primaries. Election Legal Fight: AG Kathy Jennings defended permanent absentee voting in court, keeping key protections in place for the 2026 general election. Local Governance & Schools: Indian River School District will skip a 2027 referendum and focus planning for a 2028 vote; meanwhile, a Delaware State Police and municipal recruit class graduated in Dover. Health Care Oversight: TidalHealth joined Bayhealth in opposing ChristianaCare’s proposed Georgetown micro-hospital, arguing licensing and ownership issues under state law. Economic Development: Export Delaware’s Compass Grant is backing small businesses with up to $10,000 for international growth, reporting major sales and hiring impacts.

Delaware Corporate Watch: Weatherford shareholders approved its redomestication from Ireland to Delaware, a move the company says will simplify its structure and cut costs starting in 2027. Election Integrity: Delaware lawmakers are warning that a Trump mail-ballot order could disenfranchise voters, as federal litigation and election-security concerns keep heating up. Trans Youth Healthcare Fight: Delaware AGs are part of a growing coalition challenging Trump administration efforts to block Medicaid funding for gender-affirming care for low-income transgender youth. Chancery Court: The Delaware Court of Chancery weighed in on conflicted transactions and safe-harbor limits under DGCL Section 144, reinforcing that boards can’t treat shareholder votes as a rubber stamp. Local Government Glitch: A water main break shut down the Delaware County courthouse early after a loss of running water. Campaign Trail: A Delaware House District 20 primary conversation spotlights incumbent Alonna Berry versus Ruby Keeler Schaeffer, with land use and growth pressures front and center. Civic & Culture: Delaware’s Division of the Arts named new members to the Delaware State Arts Council, expanding arts policy guidance statewide.

Delaware Data Privacy Push: Gov. Matt Meyer signed two bills that expand Delaware’s data privacy protections, lowering the coverage threshold to companies handling data for 10,000 consumers and adding new opt-out rights for automated decisions tied to loans, housing, jobs, and more; protections also cover sensitive categories like national origin, citizenship, immigration status, and gender identity, with the changes taking effect Jan. 1, 2027. Education Funding Overhaul: Meyer also signed Public Education Funding Commission bills to move Delaware toward a more needs-based, student-centered school funding formula and make the commission permanent for ongoing oversight and accountability. Early Voting Starts: Delaware’s primary early voting began Sept. 2, with voters heading to polling sites across the state ahead of the Sept. 15 party-selection deadline in some districts. Health Campus Review: State agencies reviewed plans for ChristianaCare’s proposed $65.1 million Georgetown campus, including primary, specialty, behavioral health, and a neighborhood hospital component, with the project aiming for a late-2028 opening. Local Governance & Development: Sussex County adopted a forest preservation ordinance requiring meaningful tree protections on parcels slated for development, including up to 50% preservation in rural areas, plus penalties and mitigation rules. Federal Court & Voting Rights: Delaware’s AG and other states continue challenging federal moves that would block Medicaid/CHIP reimbursement for gender-affirming care for transgender youth, arguing CMS exceeded its authority. Business/Legal Watch: Delaware Chancery Court guidance continues to shape how “designated directors” and stockholders manage liability risks under updated DGCL rules.

Delaware Courts & Governance: The Delaware Court of Chancery dismissed a take-private challenge in Le Clair v. KnowBe4, reinforcing a high bar for pleading a “control group” and emphasizing that a fully informed, uncoerced stockholder vote can cleanse director-level conflicts. Delaware Environment & Permitting: Gov. Matt Meyer signed HB 456 to speed DNREC decisions for docks, utility lines, and other submerged lands projects, setting clear timelines and allowing automatic approval if DNREC doesn’t act after a complete application (with safety and access safeguards). Delaware Elections: Early voting for the Sept. 15 Delaware primary runs Sept. 2–13 (with a Labor Day pause), and Vote411.org is live for voters to compare candidates and find polling info. Delaware Health Policy: Meyer signed SB 301 requiring hospitals to provide written discharge plans for pregnant patients sent home before delivery after labor-like symptoms. National/Legal Spillover: JPMorgan asked Delaware Chancery to pause a $20M Javice/Amar fee order, while a Delaware Chancery decision also weighed strategic investor governance limits in a Zync dispute.

Delaware Courts & Governance: State Sen. Dave Wilson (R-Lincoln) is asking to join a taxpayer lawsuit targeting the Diamond State Port Corporation and its Edgemoor expansion, arguing lawmakers weren’t properly informed about DSPC decisions over the past eight years, including a 2019 $350 million credit line tied to Gulftainer. Elections: Early voting for Delaware’s closed primary kicks off Sept. 2, with multiple New Castle County sites open through Sept. 13; Election Day is Sept. 15. Local Government: Newark is weighing major changes to longtime traditions—swapping July 4 fireworks for a drone show and potentially scaling back the Memorial Day parade—both subject to city council and the fall budget process. Corporate Law Watch: A Delaware State Superior Court filing by Deutsche Finance against Germany’s BVK alleges contract breaches and defamation tied to U.S. real estate investments. Business & Policy: Delaware’s paid family leave and employer registration developments are being closely watched regionally as other states roll out similar programs.

Energy & Consumer Protection: Gov. Matt Meyer signed a package aimed at shielding Delaware ratepayers from rising utility costs tied to data centers, framing it as protections for working families, seniors, and small businesses. Local Governance & Housing: A Senate Bill 23 push would require local housing planning and zoning updates to expand options and ease the state’s affordability crunch, with lawmakers emphasizing local flexibility. Elections & Education: Indian River School District is seeking candidates to fill a vacant District 1 board seat through June 30, 2027; Rep. Alonna Berry also faced questions after canceling a forum and holding a Milton town hall ahead of the District 20 Democratic primary. Public Safety: Burn bans are in effect in Delaware County and Vernon County, with Galena also under restrictions, as dry conditions raise wildfire risk. Property & Taxes: A new working group is meeting to set statewide standards for property reassessment after recent county reassessments. Health & Community: Delaware Journal of Public Health highlighted Milford Wellness Village’s geriatric care model as replicable for rural communities, and La Red Health Center marked 25 years with an anniversary gala. Courts & Transparency: Delaware Supreme Court resolved a FOIA fight involving the Delaware State Police, tied to records about certified law enforcement officers.

Delaware Energy & Utilities: Gov. Matt Meyer signed a package of ratepayer protections aimed at stopping data centers from shifting grid upgrade costs onto residents and small businesses, including a separate higher utility rate class for hyperscale facilities and requirements that large users secure their own power. Public Safety & Courts: A Delaware federal bankruptcy judge rejected California Air Resources Board’s bid to force a $76.3 million environmental obligation to follow a sale of Searles Valley Minerals’ Trona operations, clearing a hurdle as assets are marketed. Elections & Voting Access: Delaware election officials say voters automatically registered at the DMV can still choose a party for the 2026 primary, with affiliation allowed up to Sept. 15. State Politics & Campaign Rules: Rep. Alonna Berry faced a dispute at a Milton library town hall over whether the event violated meeting-room rules tied to candidate-specific campaigning. Business & Governance: The SEC signaled it may reconsider preemption of state law on shareholder proposals, potentially reshaping how investors influence corporate governance. Health & Veterans: Delaware marked the one-year anniversary of its Department of Veterans Affairs, while flags were ordered half-staff for Overdose Awareness Month.

Opioid Accountability: Walmart agreed to pay $50 million to settle DOJ/DEA allegations that its pharmacies filled thousands of invalid opioid and controlled-substance prescriptions since 2013, with the case originally filed in Delaware federal court and centered on “pill mill” red flags and internal “refusal-to-fill” reports. Reproductive Health Fight: Delaware Attorney General Kathy Jennings joined a multistate lawsuit seeking to block new federal Title X family-planning conditions, arguing the rules threaten funding for contraception and preventive care. Delaware Court Watch: In a Delaware patent dispute, Exelixis said the Federal Circuit affirmed key cabozantinib crystalline-salt patent rulings in its case against MSN Laboratories, preserving market exclusivity. Business & Courts: Noble Supply & Logistics filed for Chapter 11 in Delaware, citing debt and contract headwinds, while the Lindsay Clancy murder trial saw psychiatrist expert witness Dr. Avram Mack resign from Nemours after testifying. Local Governance & Safety: Delaware County residents are suing over a gasoline leak tied to Monroe Energy’s tank farm, alleging groundwater impacts. Military: Delaware National Guard members held a deployment ceremony ahead of Middle East deployment.

Delaware Primary Voting: Early voting for Delaware’s 2026 primary starts Wednesday, Sept. 2, running through Sept. 13 with multiple sites in all three counties (Kent: 4, New Castle: 6, Sussex: 9), and voters can choose any site in their county. District 23 House Race: Three candidates for Delaware’s District 23 state House seat met in a forum at the George Wilson Center, debating data centers, affordable housing, transparency, and budgets ahead of the Sept. 15 Democratic primary to replace Rep. Mara Gorman. Opioid Enforcement: The DOJ and DEA announced a $50 million settlement with Walmart over allegations that its pharmacies illegally filled thousands of invalid opioid prescriptions, with the case tied to conduct by compliance staff and pharmacists. Medicaid Billing Watch: New local Medicaid billing reports highlight sharp swings in Delaware communities—such as Millsboro’s Medicaid ambulance/transport spending rising to $174,447 in 2024 and other nearby categories climbing year over year.

Medicaid Spending Watch: New Castle providers billed $3,369 for pathology and lab procedures in 2024 (+53.2%); Milford hit $22,897 for the same category (+144.3%); Ellendale’s medicine services and procedures rose 33% to $1,693; Newark’s enteral and parenteral therapy climbed 9.3% to $38,639; Magnolia’s ambulance/transport services jumped 278.5% to $27,299; and Seaford’s durable medical equipment claims reached $3,701 (+24.8%). Opioid Enforcement: The U.S. Justice Department announced a $50 million settlement with Walmart over alleged unlawful opioid prescriptions, with claims tied to “pill mill” concerns and internal “refusal to fill” warnings. Election Rules Fight: A federal judge temporarily blocked a USPS vote-by-mail rule, saying compliance was “practically impossible” and posed disenfranchisement risk; Delaware is among the states in the coalition. Delaware Politics & Voting: Early voting for Delaware’s 2026 primary starts Sept. 2, with party selection rules extending to Sept. 15 for some voters. Energy Prices: Diesel hit a low of $5.19 in Sussex County (week ending Aug. 22), while Delaware County’s cheapest reported diesel was $5.09. Sports/Local Interest: The Eagles begin trimming their roster to 53 by the Aug. 30 deadline, with possible trade/waiver ripple effects.