(FiveNation.com)- A new vote-by-mail law rammed through the General Assembly in Delaware by Democrats was ruled unconstitutional by a judge September 14, according to Newsmax. After the ruling, voting by mail is not permissible to be used in the November election in the state.
Vice Chancellor Nathan Cook, who made the ruling, determined that the provision violated the state’s constitution that delineates the circumstances under which one is allowed to cast an absentee ballot. He also upheld the state’s same-day registration law.
“Our Supreme Court and this court have consistently stated that those circumstances are exhaustive,” Cook wrote. “Therefore, as a trial judge, I am compelled by precedent to conclude that the vote-by-mail statute’s attempt to expand absentee voting … must be rejected.”
Julianne Murray, an attorney for the plaintiffs challenging the vote-by-mail provision, and the Republican nominee for attorney general this election, lauded the judge’s decision, appreciating that he carefully studied Delaware’s constitution in making his decision.
“He started on the Constitutional Convention of 1897 and worked his way through,” she said.
Jane Brady, who also represented the plaintiffs and is the former Delaware attorney general, said that vote-by-mail does not align with the state’s constitution. “I believe that the legislature has known from day one that they needed a constitutional amendment to do this,” she said, also saying that lawmakers admitted that their provision might be challenged in court.
Democrat lawmakers reportedly pushed forward the provision after failing to win Republican support to amend the state’s constitution, which requires a two-thirds vote by each chamber in two consecutive General Assemblies. Both attempts failed, one in 2020 and 2021, despite Democrats controlling both the Senate and House.
Republican Senator Colin Bonini, who finished last in his primary in June and will give up his Dover seat of 28 years said that the provision was clearly unconstitutional and that he’s “disappointed that the court also didn’t strike down same-day registration.”
