Delaware Supreme Court rules universal mail-in voting unconstitutional

Friday's ruling is a blow to Democrats who have sought to make permanent COVID-19-era adjustments to the absentee voting process.

Updated: October 7, 2022 - 4:53pm

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The Delaware Supreme Court ruled on Friday that a state law enacting universal mail-in voting violated the state's constitution.

"The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution," the court wrote. "Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed."

The court further rejected a component of the law that would have created same-day registration throughout the state.

"The Same-Day Registration Statute conflicts with the provisions of Article V, Section 4 of the Delaware Constitution," the judges found. "Consequently, the judgment of the Court of Chancery that the Same-Day Registration Statute does not violate the Delaware Constitution should be reversed."

The court asserted that the three-page ruling would precede a "more formal opinion" but highlighted the state's plan to mail ballots to voters by Oct. 10 as the rationale for the "abbreviated order."

While absentee voting is constitutional in Delaware, per the Epoch Times, anyone seeking such an accommodation must be unable to reach their polling place, due to reasons such as illness or disability.

Friday's ruling is a blow to Democrats who have sought to make permanent COVID-19-era adjustments to the absentee voting process in a plethora of states. 

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