President Joe Biden’s home state’s top court, in a resounding decision, dealt the Democratic Party an unexpected loss.
Two expansive Democratic-crafted laws, same-day voter registration and postal voting, were soon overturned by the Delaware Supreme Court for violating fundamental constitutional principles.
“The Delaware Supreme Court has issued an opinion that universal mail-in voting and same-day registration violate the constitution. This past summer, the Delaware General Assembly passed a law allowing universal mail-in voting and same-day voter registration. The Public Interest Legal Foundation then filed a lawsuit against the law, alleging that it violated Delaware’s Constitution. In the opinion, the Court states that Article V, Section 4A of the Delaware Constitution only allows for absentee voting in certain enumerated circumstances. In addition, the Court writes that the state constitution establishes a deadline for voter registration,” WMDT, a regional news source, reported.
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“The Democratic-controlled Delaware General Assembly hurriedly passed the voting-by-mail law this past June after failing to secure enough Republican support to amend the state constitution to enshrine the policy. Lawmakers previously approved a separate voting-by-mail law during the pandemic in 2020, invoking emergency powers that allowed the statute to escape the usual constitutional scrutiny. Republicans across the country, including then-President Donald Trump, were critical of mail-in voting measures enacted at the height of the pandemic and accused election officials of ignoring federal and state constitutions by allowing it,” the outlet continued.
The Public Interest Legal Foundation’s (PILF) president, Christian Adams, praised the most recent court decision in favor of their complaint. This choice will support maintaining the integrity and fairness of American elections.
“This was a monumental victory in the election integrity space. This is the first time a state Supreme Court has invalidated an election statute. This law violated the plain text of the Delaware Constitution. Today’s opinion is a victory for the rule of law in elections,” Adams, a former civil rights lawyer for the Department of Justice, said.
Former Ohio GOP secretary of state and PILF board member Ken Blackwell added that “election integrity should be an issue all Americans can support.”
“The fact that this might be the first time a state supreme court has struck down a state election law highlights the perilous times we are in, where partisan politicians are willing to cross lines that have never been crossed, willing to seize and keep power at all costs,” Blackwell stated further information.
Registered state voters with physical or medical restrictions that prevent them from casting their votes in person may request an absentee ballot. According to reports, these limitations support the integrity of our democratic system while defending every citizen’s right to an unrestricted participation.
“The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution. Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed,” The judge wrote.
“The Same-Day Registration Statute conflicts with the provisions of Article V, Section 4 of the Delaware Constitution. 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 enters this abbreviated order in recognition of the impending election scheduled for November 8, 2022, and the Department of Election’s desire to mail ballots to voters by or around October 10, 2022,” further highlighted in the decision. “A more formal opinion, fully explaining the Court’s views and the reasons supporting our unanimous decision, will issue in due course. The mandate shall issue immediately.”
Sen. Kyle Evans Gay remained upbeat despite the court’s unfavorable ruling, praising the fair and equal procedure that was eventually followed by the traditionally blue state.
“I’m disappointed by the Supreme Court’s ruling but I respect it entirely,” Gay spoke to Delaware LIVE. “I’m just really thankful that we now have certainty in what we need to do in order to continue to expand voting rights.”
