ACLU, Del. Voting Rights Coalition release statements on vote by mail court decision

DELAWARE – The ACLU of Delaware and Delaware Voting Rights Coalition have released statements regarding the court’s decision on voting by mail in Delaware.

On Wednesday, Vice Chancellor Nathan Cook of Delaware’s Chancery Court released his opinion on the legal challenge to Delaware’s new vote-by-mail law, ruling that the rule is unconstitutional, but leaving the door open for an appeal on this ruling to head to the Delaware Supreme Court for consideration. Officials say they are continuing to monitor the ongoing litigation and ensure that Delaware voters are aware of the methods of voting available to them for the General Election on Tuesday, November 8th.

From ACLU-DE (Dwayne J. Bensing, Legal Director of the ACLU of Delaware):

“We firmly believe that voting by mail is constitutional, and that the General Assembly has the authority to prescribe the methods that Delawareans can use to vote. Our belief remains the same today, and we hope the Supreme Court of 2022 will uphold Delawareans’ right to vote-by-mail.

We want Delawareans to know that the Court’s decision has no impact on early in-person voting and same day registration, and voters should make a plan to vote in the General Election with full confidence in those new voting laws, as well as absentee and in-person voting. As more court actions continue in this case, we are committed to informing voters about the availability of vote-by-mail in the upcoming general election.

This attack on voting rights by opponents of democracy is part of a larger national effort to prevent Americans from participating in our elections. ACLU of Delaware will continue to fight to make vote-by-mail available to Delaware voters in the 2022 General Election and every election after that.”

From the Delaware Voting Rights Coalition:

“We are profoundly disappointed that the Chancery Court has ruled that Delaware’s vote-by-mail law statute is unconstitutional. We will continue to monitor this matter as it proceeds through appeals and further litigation so we can keep voters informed on all voting opportunities available.

With the General Election looming, we want voters in Delaware to know: This decision has no effect on early in-person voting or same day registration, and you should continue to utilize all the voting options that are available to you. We further anticipate a final decision by the Supreme Court in time to know whether mail ballots may be sent on October 10, 2022.

Whatever comes next, the Delaware Voting Rights Coalition will continue our public education efforts to ensure that voters understand all the options available to them as they head to the polls.”