By Zachary Stieber
Delaware’s new law that allows voting by mail regardless of reason violates the state Constitution, the Delaware Supreme Court ruled on Oct. 7.
“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 state’s top court said in a brief order (pdf).
Vice Chancellor Nathan Cook of the Court of Chancery of the State of Delaware ruled in September that the law was in conflict with the state Constitution and therefore “must be rejected.”
The Delaware Constitution allows absentee voting but only people who meet certain conditions, such as people who cannot make it to a polling location due to sickness or physical disability can vote by mail.
The new law, passed over the summer and signed into law by Democrat Gov. John Carney, says that any voter who wants can fill out an application and receive a ballot by mail to return by mail.
Cook also turned down a challenge from the plaintiff, Delaware elections inspector Michael Mennella, to a different law that allows same-day voter registration.
But the Delaware Supreme Court reversed that decision.
The law regarding same-day registration “conflicts with the provisions of Article V, Section 4 of the Delaware Constitution,” the court said. “Consequently, the judgment of the Court of Chancery that the Same-Day Registration Statute does not violate the Delaware Constitution should be reversed.”
The brief order was entered in recognition of the upcoming midterm elections and Delaware officials’ stated intent to mail ballots to voters soon. A more formal opinion outlining the decision will be issued in due course, the state’s top court said.
“This is a win for the rule of law in Delaware’s Elections,” said Public Interest Legal Foundation President J. Christian Adams, whose group was representing Mennella in the case, said in a statement. “This law violated the plain text of the Delaware Constitution that provides specific reasons people are allowed to cast absentee ballots and when voter registration can take place. If Delaware lawmakers want to have mail-in voting, they need to pass a constitutional amendment.”
Affiliate News Feeds
- Washington Examiner
- The Federalist
- The Epoch Times
- The Guardian
- The Gateway Pundit
- Judicial Watch
By Naveen Athrappully NASA announced on Tuesday that it intends to cancel the development of its GeoCarb mission, which was proposed to be a low-cost satellite aimed at monitoring greenhouse gas… [...]
By Bryan Jung The rate of job cuts in the United States soared 127 percent in November, amid a wave of layoffs in the tech industry. The American employers announced 76,835 cuts… [...]
By Jennifer Margulis and Joe Wang What medicine should you take? How should you treat any given illness? What preventative measures are most effective for you? Which vaccines do you need? These… [...]
Union workers are lashing out at both political parties and President Joe Biden for the rail legislation signed to prevent a strike, calling the provisions a "slap in the face"… [...]
A former professor at the University of California San Diego said she gave all of her students "A" grades and no homework in a recently unearthed video. [...]
A key Senate vote over whether to provide paid sick leave for rail workers is highlighting a divide within the GOP, a party that has increasingly tried to position itself… [...]
Anyone still wearing a face mask to protect himself from Covid probably has no intention of ever shedding it now. [...]
Anyone who actually watched 'Wednesday' can see that the 'racism' accusations are ridiculous and performative. [...]
Chuck DeVore's historical fiction book 'Crisis of the House Never United: A Novel of Early America' demonstrates not only why procedure and patience matter, but also the genius of the… [...]
The head of the largest oil and natural gas trade association warned that failure to replenish the U.S. Strategic Petroleum Reserve (SPR) could trigger another oil crisis in the coming… [...]
This episode will premiere on Friday, Dec. 2 at 8 p.m. ET. In this episode of Kash’s Corner, we discuss the impending release of the Jan. 6 committee’s final report.… [...]
New York’s quest to replace the troubled Rikers Island jail complex with smaller facilities across the five boroughs could lead to either hazardous overcrowding or the release of dangerous detainees,… [...]
Health Security Agency issues rare alert over rise in cases, urging people to seek immediate medical help if they see symptomsQ&A: what are the symptoms and how can strep A… [...]
Exclusive: Labour says ministers have been told repeatedly that people with prepayment meters are not getting enough supportCase studies: ‘I can’t afford to heat my son’s room’Up to half a… [...]
An estimated 50,000 Canadian truckers traveled across Canada in a massive caravan protesting the COVID mandates. Canadian media tried to paint the protests as Russian propaganda. Canadian Prime Minister Justin… [...]
“No one should be forced to get a vaccine against their will, but until the laws change our medical professionals stand ready to work with you or a loved one… [...]
Ryan Samsel was arrested in January 2021. He was blinded by DC prison guards in one of his many beatings since his arrest. Ryan Samsel attended the January 6, 2021,… [...]
From Fox News: The Secret Service will not say why they changed their position regarding a government watchdog’s records request into Hunter Biden’s gun investigation records. Government watchdog Judicial Watch… [...]
(Washington, DC) – Judicial Watch announced today that the United States Secret Service has repeatedly changed its position about whether it is in possession of records related to the investigation… [...]
The Biden administration is giving a nonprofit partially funded by leftwing billionaire George Soros’s Open Society Foundations (OSF) $12 million to strengthen labor rights and empower workers in three Latin… [...]