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Delaware Supreme Court rules mail-in voting violates constitution

The Delaware Supreme Court ruled on Oct. 7 that Delaware's new law allowing mail-in voting violates the state Constitution.

The Delaware Constitution's Article V, Section 4A identifies absentee voters as categories impermissibly expanded by the Vote-by-Mail Statute. "The Court of Chancery's judgment that the Delaware Constitution is violated by the Vote-by-Mail Statute should be upheld," the court stated.

According to Vice Chancellor Nathan Cook's September ruling in the Court of Chancery of the State of Delaware, the law is in conflict with the state constitution.

Absentee voting is permissible in Delaware, but only for people who meet certain requirements, such as those who cannot make it to a polling location due to sickness or physical disability.

Democrat Gov. John Carney signed the new law into law over the summer, saying that voters can now fill out an application and receive a ballot by mail to return by mail.

7 October 2022


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