A Delaware judge is set to hear arguments in a lawsuit by the ACLU asking him to override state election law and allow the counting of absentee and mail-in ballots received after the state-mandated deadline in November’s general election.
Tuesday’s hearing involves a complaint filed by the ACLU on behalf of the League of Women Voters.
Delaware requires that absentee ballots and ballots cast under a universal vote-by-mail law enacted specifically for this year’s elections because of the coronavirus be received by the time polls close at 8 p.m.
The ACLU wants to force elections officials to count ballots received up to 10 days after Election Day if they were mailed on or before Election Day.
Attorneys for the state say only the General Assembly can exercise its emergency powers to alter the Election Day deadline and that courts should not second guess the legislature's judgment.
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