Delaware’s Supreme CourtFriday’s ruling ruled that recent laws allowing universal voting by mail and same-day registration were not constitutional. This is a victory for state Republicans, who had opposed the legislation.
The court found that the two moves conflict with the registration and absentee voter categories outlined in the First State’s constitution. It upheld a prior ruling by the state’s vice chancellor, which rejected the vote-by-mail law, while overturning his upholding of the Election Day registration law.
The bills were passed in the final days of the state’s recent General Assembly, which ended in June. Previously, Democrats tried to amend the state constitution but failed to get the required two-thirds support.
In certain circumstances, the constitution allows absentee voting, such as when a person is unable to vote due to disability, occupation, or public service. The Democratic attorney GeneralMail-in voting is not absentee voting, as had been argued. However, Delaware’s Constitution states that registration cannot be stopped less than 10 working days before an election.
The court ruled that the vote by mail statute “impermissibly expanded the categories of absentee votes” and that the registration statute which allows registration until Election Day contradicts the restrictions on it.
The ruling was praised by Republicans. Jane Brady (former attorney general of the state GOP) told Fox News Digital she was happy that the court upheld “the language of the Constitution.”
She stated, “This is a win in the rule of law.” Brady argued against the changes. Julianne Moore, Republican attorney-general candidate, represented the lawsuit opposing the changes to mail in voting.
Brady dismissed the concerns that the ruling would limit voting before the general election next month.
Gualala, CA, July 4, 2020 — Person mailing United States absentee ballot for voting in an election by mail.
She said that “anyone who voted in a previous general election can vote the way they always did.” “The court’s decision basically maintains the status-quo, and the same laws which have been in force since the beginning of time are still in effect on November 8.
Gov. John Carney expressed disappointment at the outcome.
“The Governor’s position has been simple and consistent. We should make it easier — not harder — for all eligible Delawareans to vote and participate in our democratic process,” Emily David Hershman told Fox News Digital.
IN BIDEN’S HOME STATE DELAWARE REPUBLICANS VISIT FERTILE GROUNDIN NOVEMBER
Delaware AG Kathy Jennings, meanwhile, took aim at Republicans, accusing them of “showing us the lengths they’ll go to stop the people from voting.”
Democratic leaders in the state’s legislature said the issue showed the need for constitutional reform.
John C. Carney Jr. is the Governor of Delaware. He spoke at Delaware Memorial Day Ceremony. It was held in New Castle (DE) on May 30, 2019.
(Bastiaan Slabbers/NurPhoto via Getty Images)
“Unfortunately, the Supreme Court’s decision reinforces that our previous efforts to amend Delaware’s constitution for voting is more important now than ever,” House Speaker Pete Schwartzopf and Majority Leader Valerie Longhurst said in a joint statement.
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The Senate Republican leadership noted that Republicans in the General Assembly had argued that the bills violated the constitution — a view shared by the Supreme Court.
“The sponsors and Democrats ignored us, dismissed expert legal testimony and passed both pieces,” Senator Republican Leader Gerald Hocker, and Republican Whip Brian Pettyjohn stated in a statement. “Today, however the rule of law prevailed.”
This report was compiled by the Associated Press.
