A new vote-by-mail law enacted in Delaware earlier this summer was ruled unconstitutional by a judge on Wednesday, meaning that Delawareans will not be able to vote by mail in the upcoming election scheduled for Nov. 8.
In an 87-page opinion, Vice Chancellor Nathan Cook ruled that the law, which allows Delaware voters to vote by mail in the general election without providing a reason for doing so, violates a provision in Delaware’s constitution known as Article V, Section 4A.
That provision provides general laws for absentee voting such as sickness or physical disability.
“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.”…
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