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Delaware's Supreme Court on Friday struck down the state's vote-by-mail and same-day voter registration laws, after Democrats rammed the provision through the General Assembly in June without going through the required method of amending the state's constitution to change election laws.
Republican candidate for Delaware attorney general, Julianne Murray, served as a lawyer for plaintiffs in filing the lawsuit against the state's election officials, arguing that the Democrats were acting unconstitutionally when they passed the legislation to allow for mail-in-voting and same-day registration, according to an AP News report.
Jane Brady, the chair of the state Republican Party, a retired judge, and former Delaware attorney general who also represented plaintiffs in the lawsuit, said mail-in voting "does not comport with the constitution."
"I believe that the legislature has known from day one that they needed a constitutional amendment to do this," she said, adding that the Democratic lawmakers acknowledged during debate on the legislation that it might face challenges before the courts.
"In my view, they abdicated their responsibility," she added.
The Court of Chancery in September ruled that the Democrats' actions violated a provision in the state's constitution that spells out the circumstance under which a person may cast an absentee ballot.
"Our Supreme Court and this court have consistently stated that those circumstances are exhaustive," Vice Chancellor Nathan Cook, the judge who ruled in the case, 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 ... must be rejected."
While he declared vote-by-mail unconstitutional, Cook upheld the state's new allowance for same-day voter registration.
Delaware Democratic senate leadership released a scathing statement in response, expressing fear for the "very real possibility" of people being denied the "right" to vote by mail.
"As a result of a Republican-led effort to make voting as inconvenient as possible, there now exists a very real possibility that Delawareans could be denied the right to vote by mail in November," the statement reads.
On Friday, the Delaware Supreme Court released a short ruling on the case, promising a full opinion later due to the close proximity to the midterm elections.
The new ruling upholds the Chancery court's decision to strike the vote-by-mail law, as well as reverses that court's decision to allow same-day registration. Both pieces of legislation were decided to be unconstitutional, sparking celebration on social media from the plaintiffs and other skeptics of mail-in voting.
According to Delaware Public Media, the state's Supreme Court said that the vote-by-mail law "impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution."
The ruling also states that the court found same-day registration "conflicts with the provisions of Article V, Section 4 of the Delaware Constitution."
"I'm delighted. I was delighted when the Chancery Court came to their decision," Murray said of her legal victory, before highlighting that the fight wasn't about depriving people of voting rights, but adhering to the constitution.
"This is, I think, proper. It has always been about the amendment process. I know that there are people that have said that this is about stopping people from voting, and I just don't subscribe to that and have said all along, no. This is about amending the Delaware Constitution," Murray added.
Democratic state Sen. Kyle Evans Gay, the primary sponsor of the fallen vote-by-mail bill, characterized the fallen bill as his party's fight for increased voting rights.
"I hope voters understand that there has been one party fighting for increased access and removing unnecessary barriers to the ballot," said Gay.
Gov. John Carney, also a Democrat, echoed those sentiments, saying that it's about "making it possible for people to vote."
"Both sides of the aisle historically in Delaware have felt that that's a very important principle – participation in our Democracy. Making it possible for people to vote, making it easier for people to vote instead of harder," said Carney. "That's going to be my principle."
Democratic leadership in the State Senate also expressed disappointment with the ruling.
"This ruling, which undoes statutes passed by the Legislature and signed into law by Governor John Carney, will effectively make voting harder and less convenient for working people in the First State, whom we believe should enjoy the same rights held by voters in dozens of other states across the country," they said in a statement to Delaware Public Media.
The statement also brought up former President Donald Trump, and blamed him for the spread of "the Big Lie," seemingly referencing fears of election fraud.
"Our efforts to provide a safe, secure, and legal vote-by-mail option through a Constitutional amendment were stymied by Republican legislators who switched their votes once Donald Trump began spreading the Big Lie. Republican legislators also voted to retain an arbitrary and antiquated Saturday deadline for voter registration," the Senate Democrats said, who also acknowledged that the ruling "makes clear that amending our State Constitution is the only path forward for implementing these policies."
On the other side, Senate Republican leadership praised the Supreme Court decision.
"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," they said in a statement.
"Today, however, the rule of law prevailed. We thank the Delaware Supreme Court justices for the expedited process and their unanimous decision."
Republican candidate for Delaware attorney general, Julianne Murray, served as a lawyer for plaintiffs in filing the lawsuit against the state's election officials, arguing that the Democrats were acting unconstitutionally when they passed the legislation to allow for mail-in-voting and same-day registration, according to an AP News report.
Jane Brady, the chair of the state Republican Party, a retired judge, and former Delaware attorney general who also represented plaintiffs in the lawsuit, said mail-in voting "does not comport with the constitution."
"I believe that the legislature has known from day one that they needed a constitutional amendment to do this," she said, adding that the Democratic lawmakers acknowledged during debate on the legislation that it might face challenges before the courts.
"In my view, they abdicated their responsibility," she added.
The Court of Chancery in September ruled that the Democrats' actions violated a provision in the state's constitution that spells out the circumstance under which a person may cast an absentee ballot.
"Our Supreme Court and this court have consistently stated that those circumstances are exhaustive," Vice Chancellor Nathan Cook, the judge who ruled in the case, 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 ... must be rejected."
While he declared vote-by-mail unconstitutional, Cook upheld the state's new allowance for same-day voter registration.
Delaware Democratic senate leadership released a scathing statement in response, expressing fear for the "very real possibility" of people being denied the "right" to vote by mail.
"As a result of a Republican-led effort to make voting as inconvenient as possible, there now exists a very real possibility that Delawareans could be denied the right to vote by mail in November," the statement reads.
On Friday, the Delaware Supreme Court released a short ruling on the case, promising a full opinion later due to the close proximity to the midterm elections.
The new ruling upholds the Chancery court's decision to strike the vote-by-mail law, as well as reverses that court's decision to allow same-day registration. Both pieces of legislation were decided to be unconstitutional, sparking celebration on social media from the plaintiffs and other skeptics of mail-in voting.
According to Delaware Public Media, the state's Supreme Court said that the vote-by-mail law "impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution."
The ruling also states that the court found same-day registration "conflicts with the provisions of Article V, Section 4 of the Delaware Constitution."
"I'm delighted. I was delighted when the Chancery Court came to their decision," Murray said of her legal victory, before highlighting that the fight wasn't about depriving people of voting rights, but adhering to the constitution.
"This is, I think, proper. It has always been about the amendment process. I know that there are people that have said that this is about stopping people from voting, and I just don't subscribe to that and have said all along, no. This is about amending the Delaware Constitution," Murray added.
Democratic state Sen. Kyle Evans Gay, the primary sponsor of the fallen vote-by-mail bill, characterized the fallen bill as his party's fight for increased voting rights.
"I hope voters understand that there has been one party fighting for increased access and removing unnecessary barriers to the ballot," said Gay.
Gov. John Carney, also a Democrat, echoed those sentiments, saying that it's about "making it possible for people to vote."
"Both sides of the aisle historically in Delaware have felt that that's a very important principle – participation in our Democracy. Making it possible for people to vote, making it easier for people to vote instead of harder," said Carney. "That's going to be my principle."
Democratic leadership in the State Senate also expressed disappointment with the ruling.
"This ruling, which undoes statutes passed by the Legislature and signed into law by Governor John Carney, will effectively make voting harder and less convenient for working people in the First State, whom we believe should enjoy the same rights held by voters in dozens of other states across the country," they said in a statement to Delaware Public Media.
The statement also brought up former President Donald Trump, and blamed him for the spread of "the Big Lie," seemingly referencing fears of election fraud.
"Our efforts to provide a safe, secure, and legal vote-by-mail option through a Constitutional amendment were stymied by Republican legislators who switched their votes once Donald Trump began spreading the Big Lie. Republican legislators also voted to retain an arbitrary and antiquated Saturday deadline for voter registration," the Senate Democrats said, who also acknowledged that the ruling "makes clear that amending our State Constitution is the only path forward for implementing these policies."
On the other side, Senate Republican leadership praised the Supreme Court decision.
"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," they said in a statement.
"Today, however, the rule of law prevailed. We thank the Delaware Supreme Court justices for the expedited process and their unanimous decision."
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