Judge Rules Delaware Vote-by-Mail Law Is Unconstitutional

A new vote-by-mail law enacted in Delaware earlier this summer was ruled unconstitutional by a judge on Wednesday, meaning that Delawareans will not be able to vote by mail in the upcoming election scheduled for Nov. 8.

In an 87-page opinion, Vice Chancellor Nathan Cook ruled that the law, which allows Delaware voters to vote by mail in the general election without providing a reason for doing so, violates a provision in Delaware’s constitution known as Article V, Section 4A.

That provision provides general laws for absentee voting such as sickness or physical disability.

“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 to Delawareans who do not align with any of Section 4A’s categories must be rejected.”

“I must find that the vote-by-mail statute is unconstitutional for purposes of the general election,” the judge added.

Democrat lawmakers in the state introduced the vote-by-mail bill earlier this year after failing to win Republican support to amend the constitution. Such an amendment required a two-thirds vote by each chamber in two consecutive General Assemblies.

“Once the amendment to the Delaware Constitution failed to obtain the necessary two-thirds approvals, the General Assembly passed the Vote-by-Mail Statute that is the subject of this litigation less than three weeks later by simple majority approval,” Judge Cook wrote.

‘Unconstitutional’

“The remarks by legislators indicate an awareness by at least some members of the General Assembly that the laws might not be constitutional and that a challenge in the courts would be forthcoming,” he added.

A lawsuit was swiftly filed within hours of the law going into effect challenging its constitutionality. Delaware Attorney General candidate Julianne Murray and GOP party chair Jane Brady were listed as plaintiffs in the lawsuit alongside political activist Nick Miles and others.

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