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Judge Strikes Down Delaware’s Mail-in-Ballot Law as Unconstitutional

    A Delaware judge has ruled that the state’s new vote-by-mail law is unconstitutional and that no excuse, mail-in absentee ballots are not a valid form of voting in the November election.

    Vice Chancellor Nathan Cook ruled that the mail-in ballot law violates Delaware’s constitution that determines the rules that allow a voter to cast an absentee ballot. The Democrats had rammed the legislation through the General Assembly last June.

    “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.”

    Cook, however, upheld the state’s duly passed same-day voter registration law.

    The attorney for the plaintiffs who challenged the vote-by-mail statute said she was glad that the judge carefully studied Delaware’s constitution and court precedent in making his determination.

    “He started on the Constitutional Convention of 1897 and worked his way through,” remarked Julianne Murray, who is also the Republican nominee for state attorney general.

    Retired judge Jane Brady, who also represented plaintiffs, said that 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 noted.

    “In my view, they abdicated their responsibility,” she added.

    According to the National Conference of State Legislatures, twenty-seven states with “no excuse” absentee mail-in voting months ahead of the 2022 midterm elections. Eight states conduct elections entirely by mail: California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont and Washington).

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