Delaware Judge Rules Mail-in Voting Law Unconstitutional

A Delaware judge released his ruling on Thursday, knocking down the state's mail-in voting law.

Vice Chancellor Nathan Cook ruled the measure making vote-by-mail a permanent fixture in elections is unconstitutional and may not be used in this year's election.

Judge Cook ruled based on the Delaware Constitution (see below) and followed the precedent that the Supreme Court and Chancery Court have set.

“The General Assembly shall enact general laws providing that any qualified elector of this State, duly registered, who shall be unable to appear to cast his or her ballot at any general election at the regular polling place of the election district in which he or she is registered, either because of being in the public service of the United States or of this State, or his or her spouse or dependents when residing with or accompanying him or her because of the nature of his or her business or occupation, because of his or her sickness or physical disability, because of his or her absence from the district while on vacation, or because of the tenets or teachings of his or her religion, may cast a ballot at such general election to be counted in such election district.”

Cook said without the precedent, “I would likely conclude that the plain text of the constitution, coupled with the strong presumptions in favor of the constitutionality of legislative acts, lead me to a different result.”

In June, Delaware's legislature passed SB 320, providing registered voters the ability to request a mail-in ballot ahead of an election without the need for an excuse. Democrat Gov. John Carney signed it into law the following month.

However, even at the time of the law's passing, lawmakers questioned the constitutionality of the new provision, according to the Washington Examiner.

“I don't know whether it's constitutional or not constitutional, and neither do you guys or anybody else in here,” Delaware's Speaker of the House Pete Schwartzkopf (D) said as he ended the debate over the bill in June. “The best way to get this thing done is hear this bill, move forward, and let a challenge go to the courts and let them decide it.”

The state's Republican Party Chairwoman Jane Brady and Republican Attorney General Candidate Julianne Murray filed a lawsuit challenging the law's constitutionality.

The lawsuit, and ruling, were aimed directly at the general election and have no bearing on the results of Tuesday's primary election.

However, Judge Cook did open the door for a possible appeal on the vote-by-mail portion. The Delaware Department of Elections pointed to cases of vote-by-mail permitted in Pennsylvania and Massachusetts as a reason it should be legal in Delaware. Judge Cook noted that while there is a possibility the state's Supreme Court could consider those factors he is bound by the Delaware Constitution.

This story is developing. Stay with American Liberty News for the latest updates.

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