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Tags: delaware | voting | elections | courts

Delaware Supreme Court Declares Mail-In Voting Unconstitutional

Delaware Supreme Court Declares Mail-In Voting Unconstitutional
A vote-by-mail ballot envelope is shown to the media at the Miami-Dade Election Department headquarters in Miami, Florida. (Joe Raedle/Getty Images)

By    |   Friday, 07 October 2022 06:23 PM EDT

The Delaware Supreme Court found both unrestricted mail-in voting and same-day voter registration to be violations of the state constitution, a Friday decision revealed.

Only one day after hearing oral arguments, judges concluded in a three-page ruling that legislation permitting the two practices would "impermissibly expand the categories of absentee voters identified."

The decision comes one month after Nathan Cook, Delaware's vice chancellor of the Court of Chancery, ruled that the law violated constitutional provisions that dictate the circumstances in which a resident is permitted an absentee vote.

However, Cook permitted the same-day voter registration law from taking effect. With the Supreme Court's latest decision, that law is now also struck down.

A high court previously ruled that mail-in voting was permissible during the COVID-19 pandemic, but only on the grounds of a public health emergency, the Center for Public Integrity noted.

Roughly one year later, Democrats in the state legislature attempted to codify the rule. That led to the Public Interest Legal Foundation filing a lawsuit on behalf of Republican lawmakers soon after.

"These new laws ... impermissibly provide electors a new and unrestricted right to vote by mail and to register to vote on the same day as the general election, and would, if permitted to stay in place, apply to the General Election scheduled to take place on November 8, 2022," the complaint read.

A spokesperson on behalf of Delaware Gov. John Carney, a Democrat, said he was disappointed in the Supreme Court's ruling, which surprisingly sided with the Public Interest Legal Foundation and state Republicans.

"The governor's position has been simple and consistent," they told Delaware News Journal. "We should make it easier — not harder — for all eligible Delawareans to vote and participate in our democratic process."

© 2022 Newsmax. All rights reserved.


Politics
The Delaware Supreme Court found both unrestricted mail-in voting and same-day voter registration to be violations of the state constitution, a Friday decision revealed.
delaware, voting, elections, courts
292
2022-23-07
Friday, 07 October 2022 06:23 PM
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