Delaware nixes vote-by-mail, says it can’t be used in November midterms

by Summer Lane

Photo: Alamy

A judge in Delaware struck a blow to mail-in voting ahead of the rapidly-approaching November midterm elections, giving proponents of election integrity another resounding victory.

According to a report from the Washington Examiner, Vice Chancellor Nathan Cook ruled to prohibit mail-in voting for the upcoming general election, overturning a previously-standing law, SB 320, which allowed voters to request a mail-in ballot for any reason.

SB 320, signed into law last summer, effectively makes it easy for registered voters to get their hands on mail-in ballots, which have fallen under a shadow of serious doubt following the 2020 presidential election.

The bill stated, “upon receipt of the application for a mail ballot from an elector under 5604A of this title, the Department shall process the same and confirm that the elector qualifies to vote under this title,” directing the processing of a mail-in ballot application, “no more than 30 days but not less than 7 days before an election, and within 3 days after the ballots, ballot envelopes, and instructions become available…”

The bill also stated that the ballot envelopes for mail-in ballots included numbering and coding, a voter identification label, and a statement of eligibility.

However, the Washington Examiner’s report revealed that Delaware’s speaker of the House, Pete Schwartzkopf (D), admitted to questioning the bill’s constitutionality.

Further, the Daily Caller cited Cook’s ruling regarding the state constitutionality of the law. “Our Supreme Court and this court have consistently stated that those circumstances are exhaustive,” Cook wrote. “…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.”

The outlet also reported that the bill conflicted with the Delaware state constitution’s provision that only allowed mail-in voting in certain situations – not generalized for the entire population.

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