Del. Supreme Court nixes vote-by-mail and same-day voter registration
DOVER, Del. – The Delaware Supreme Court has determined that new laws allowing universal voting by mail and Election Day registration are unconstitutional.
In a three-page order, the court on Friday said the vote-by-mail statute impermissibly expands the categories of absentee voters identified in Delaware’s constitution. The justices said that the same-day registration law also conflicts with the registration periods spelled out in the constitution.
A Court of Chancery judge upheld the same-day registration law last month but said the vote-by-mail law violates restrictions on absentee voting in Delaware’s constitution.
Attorney General Kathy Jennings appealed the ruling striking down the vote-by-mail law. The Supreme Court upheld Vice Chancellor Nathan Cook’s ruling on the vote-by-mail law but said his decision allowing same-day registration should be reversed.
The Delaware Constitution says that a person is allowed to vote absentee if they are unable to go to the polls on Election Day because of his or her public service, business, or occupation. Spouses and dependents who live with or accompany people in those circumstances are also allowed to vote absentee. Sickness or physical disability, vacation, and the tenets or teachers of a person’s religion are the other allowances.
The Attorney General’s office argued that mail-in voting is not absentee voting, however, it claimed that the constitution’s absentee voting provision does not preclude the General Assembly from allowing universal voting by mail.
Senate Republican Leader Gerald Hocker (R-Ocean View) and Senate Republican Whip Brian Pettyjohn (R-Georgetown) issued the following statement reacting to the news.
“As Republicans in the Delaware General Assembly correctly argued during the floor debates for SB 320 and HB 25, both bills violated the Delaware Constitution. The sponsors and Democrats ignored our concerns, dismissed expert legal testimony, and passed both pieces of legislation anyway. Today, however, the rule of law prevailed.
“We thank the Delaware Supreme Court justices for the expedited process and their unanimous decision.”
House Speaker Pete Schwartzkopf and House Majority Leader Valerie Longhurst issued the following joint statement:
“Today’s Delaware Supreme Court decision is deeply disappointing to us and all voting rights advocates out there. At a time when voting rights across the nation are under attack, Delaware has repeatedly attempted to be a positive example of how to enfranchise residents and make it easier and more convenient for them to exercise their constitutionally protected right to vote.
“Unfortunately, the Supreme Court’s decision reinforces that our previous efforts to amend Delaware’s Constitution for voting is more important now than ever. Democrats have steadfastly supported these attempts, which would ultimately improve access and opportunities for all voters, and we will continue to push for these critical changes to our electoral laws. We will review the Supreme Court’s full decision once it is available and chart our path forward.”
