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A Delaware judge has ruled that the state's vote-by-mail law is unconstitutional

As a result of the ruling, Delawareans will not be able to vote by mail in the upcoming election scheduled for Nov. 8.

An 87-page opinion by Vice Chancellor Nathan Cook determined that the law violates Article V, Section 4A of the Delaware Constitution, which prohibits voters from voting by mail in the general election without providing a reason.

As a result of a health condition or physical disability, absentee voting is allowed under that provision.

“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.”

15 September 2022


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