The Democrats’ assault on elections took a blow in Joe Biden’s home state when the Delaware Supreme Court issued its full opinion of its Oct. decision that struck down same-day voter registration and voting by mail. The two initiatives had been approved by Delaware’s Democratic-controlled state legislature, but the justices declared that both were unconstitutional.
State lawmakers enacted a special voting-by-mail bill in 2020 in the early months of the pandemic, invoking emergency powers. The Delaware General Assembly codified voting-by-mail in June 2022 after they couldn’t get enough Republican support to change the state constitution. The legislature’s actions prompted a lawsuit by Public Interest Legal Foundation (PILF).
Related: Delaware Supreme Court Strikes Down Universal Mail-In Voting, Same-Day Registration
“The Delaware Supreme Court has issued an opinion that universal mail-in voting and same-day registration violate the constitution,” local news outlet WMDT reported. “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 its opinion, the Court said that Article V, Section 4A of the Delaware Constitution only lets people vote absentee in specific circumstances. The Court also pointed out that the state constitution sets a deadline for registering to vote.
“This was a monumental victory in the election integrity space. This is the first time a state Supreme Court has invalidated an election statute,” PILF President J. Christian Adams said. “This law violated the plain text of the Delaware Constitution. Today’s opinion is a victory for the rule of law in elections.”
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