On December 7, an organization representing incarcerated persons filed a federal lawsuit in Delaware, to protect the ability of such individuals to vote. People who are in jail for a misdemeanor, and persons who are in jail pending trial, are theoretically permitted to vote in Delaware and all states. However, in practice, in Delaware, they cannot. Prisoners Legal Advocacy v Carney, 1:23cv-1397.
The state claims that such persons may vote absentee, but the law says they can only do so if they allege that they need an absentee ballot for reasons related to their employment. The plaintiffs argue that this conclusion is neither plausible nor is it safe to prevent prisoners from being charged with vote fruad. The case is assigned to U.S. District Court Judge Maryellen Noreika, a Trump appointee. Here is the Complaint.