Delaware vote-by-mail court ruling on hold

DOVER, Del. – A Delaware judge has halted the implementation of a ruling he issued last week declaring that the state’s new vote-by-mail law is unconstitutional and that voters cannot mail in their ballots in the upcoming November election.

On Monday, Vice Chancellor Nathan Cook granted a motion by the Department of Elections and Election Commissioner Anthony Albence to stay his ruling pending an expedited appeal to the state Supreme Court. We’re told the Supreme Court is scheduled to hear arguments in the case on October 5th.

Cook says his stay will allow election officials to process mail-in voting applications and prepare ballots, but that they are not allowed to send the mail-in ballots to voters. He adds that elections officials have indicated that if the Supreme Court upholds his ruling, they will notify voters who have applied for mail-in ballots under the new law that they will need to vote in person on November 8th.

Last week the judge ruled that the law violates a provision in the Delaware Constitution that spells out the circumstances under which a person is permitted to cast an absentee ballot.

“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.” Cook also added that he believed that the Supreme Court “might want to revisit that precedent”.

Cook wrote that if the Supreme Court concludes that the vote-by-mail law is consistent with the Delaware Constitution, there is a serious risk that, without a stay pending an appeal, voters would be denied the opportunity to vote in the upcoming General Election “by all constitutional means”.