Delaware Supreme Court Deals Blow To Dems, Rules Universal Mail-In Voting Unconstitutional

The Delaware Supreme Court on Friday ruled a state law enacting universal mail-in voting violated the state’s constitution.

“The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution. Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed,” the court wrote.

It also ruled a component of the law that would allow same day registration throughout the state was wrongly decided and reversed the decision. Absentee voting is constitutional in Delaware but the voter must be unable to reach their polling place due to reasons like illness or disability.

The court wrote “This 7th day of October 2022, the Court has considered on an expedited basis the parties’ briefs, the record on appeal, and the argument of counsel, and it appears that:

“The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution.

“Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed.

“The Same-Day Registration Statute conflicts with the provisions of Article V, Section 4 of the Delaware Constitution.

“Consequently, the judgment of the Court of Chancery that the Same-Day Registration Statute does not violate the Delaware Constitution should be reversed.

“The Court enters this abbreviated order in recognition of the impending election scheduled for November 8, 2022, and the Department of Election’s desire to mail ballots to voters by or around October 10, 2022.

“A more formal opinion, fully explaining the Court’s views and the reasons supporting our unanimous decision, will issue in due course.

“The mandate shall issue immediately.

“NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery as reflected in its September 14, 2022 Memorandum Opinion and September 15, 2022 Implementing Order be AFFIRMED in part and REVERSED in part,” the court wrote.