Judge says Delaware vote-by-mail law is unconstitutional

[Eugene]

Source: Associated Press

DOVER, Del. (AP) — A Delaware judge ruled Wednesday that a new vote-by-mail law enacted earlier this year is unconstitutional and that voting by mail cannot be used in upcoming November election.

Vice Chancellor Nathan Cook ruled that the law, the result of legislation that Democrats rammed through the General Assembly in less than three weeks this past June, violates a provision in Delaware’s constitution that spells out the circumstances under which a person is allowed to cast an absentee ballot.

“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 ... must be rejected.”

While declaring vote by mail unconstitutional, Cook upheld the state’s new same-day voter registration law.

-snip-

By RANDALL CHASE
today


Read more: https://apnews.com/article/2022-midterm-elections-health-covid-voting-voter-registration-febc8b26a0b558b0fae1ffab7191e295

[Deuxcents]

1. The easiest, safest way to vote. Amazing..

Is it the state’s constitution that the judge is referring to?

[elleng]

3. Yes. See the relevant section below.

'those circumstances are exhaustive,' sounds to me as if they are, in fact, 'exhaustive.'

[elleng]

2. § 4A. General laws for absentee voting.

THE DELAWARE CONSTITUTION
ARTICLE V. ELECTIONS

Section 4A. The General Assembly shall enact general laws providing that any qualified elector of this State, duly registered, who shall be unable to appear to cast his or her ballot at any general election at the regular polling place of the election district in which he or she is registered, either because of being in the public service of the United States or of this State, or his or her spouse or dependents when residing with or accompanying him or her because of the nature of his or her business or occupation, because of his or her sickness or physical disability, because of his or her absence from the district while on vacation, or because of the tenets or teachings of his or her religion, may cast a ballot at such general election to be counted in such election district.

[ZonkerHarris]

5. everyone who works can invoke "because of the nature of his or her business or occupation"

and maybe the religious one too.

[cstanleytech]

7. " everyone who works can invoke" I doubt the courts would agree but A+ for

creative thinking outside the box

[ZonkerHarris]

9. until election day is a holiday working and voting is a hardship for most

it was designed that way to keep them from voting

[cstanleytech]

15. No arguments there.

[rpannier]

20. I liked his religious idea

The U.S. Supreme Court seems to think that any issue regarding religion is automatically a valid issue

[cstanleytech]

6. Ya, looks like amending the constitution is the only way they can really change it.

]

[James48]

12. Simple Solution

Authorize each current voting precinct to be broken into TWO groups- the Precint “District A”, and “District B”, which is cmorised of those voters in A, who chose to vote by mail.

That would meet the wording of the Constitution, and would redirect the desire of the legislature.

[NullTuples]

8. "Democrats rammed through the General Assembly in less than three weeks"

That wording though, in a time when some Republicans swap out the contents of a bill at 11:30 pm and force a vote before anyone can go home...

[SunSeeker]

13. Right? WTF.

As if making it easier for people to vote is something nefarious and not what most people want! If it's what most people want, you're not "ramming it through."

[onetexan]

32. K&R!!

[Lemon Lyman]

10. !

NullTuples beat me to it. Exactly what I was coming here to day. Did any mainstream news outlet phrase coney barrett's SC seating that way?? This is from the AP, not freedumbworks or dainty caller.

[canuckledragger]

11. It's only 'Unconstitutional' because it might result in republicans losing elections.

Can't have that!

[2naSalit]

19. +1

[stopdiggin]

23. Nope. 'unconstitutional' because

(in it's great wisdom) the state has provided very clear language regarding 'absentee' ballots in its constitution. (see post #2)

" - who shall be unable to appear to cast his or her ballot at any general election at the regular polling place of the election district in which he or she is registered, either because of being in the public service of the United States or of this State ... - "

That's unfortunate, but ... The judge makes clear that the encompassing language leaves almost no recourse. Not something he/she pulled out of creative imagination.

[chia]

14. "rammed through" ... from the AP. Corporate news, doing what it does.

[Novara]

22. That caught my eye as well

[SuperCoder]

16. So, anything that...

...helps republicans cheat is constitutional.

Riiiiiiiiiiiiiight.

[Samrob]

17. Sooo, precedent is an important consideration except at the SCOTUS?

[stopdiggin]

24. it's not 'precedent'

the court did not write this language. (although I can appreciate any snark directed at 'originalists' on SCOTUS - but, different ballgame ...)

[Xipe Totec]

18. Why is voting by mail considered absentee? nt

[rpannier]

21. Because you are not physically at the voting site

You are then considered to be absent

[Xipe Totec]

27. Declare the mail drop boxes voting sites. Problem solved. nt

[stopdiggin]

25. and because the language spells out

very prescribed conditions. (but I think it's a worthwhile question - and I played a certain variety of these through my head too ... but, alas. the boilerplate.)

[AZLD4Candidate]

26. "that Democrats rammed through the General Assembly in less than three weeks"

If the Republicans did this over something that hurts people, AP would call it skillful, like the ramming through Congress the Barrett nomination.

Liberal media my butt. Screw you AP！！！

[Quanto Magnus]

30. agree

"Republicans deftly maneuver bill through legislature in miraculously short time!"

[Mblaze]

28. Once again

Common sense legislation is stymied by an archaic Constitution.

[MarineCombatEngineer]

29. It's the State Constitution

not the US Constitution.

[Mblaze]

31. An archaic State Constitution.