A Delaware judge ruled that a law making vote-by-mail a permanent election fixture in the state is unconstitutional.
In June, Delaware’s legislature passed SB 320, providing registered voters the ability to request a mail-in ballot ahead of an election without the need for an excuse. Democratic Gov. John Carney signed it into law on July 22.
Vice Chancellor Nathan Cook’s ruling came Wednesday, prohibiting mail-in voting in future general elections.
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At the time, Delaware’s Speaker of the House Pete Schwartzkopf admitted the constitutionality of the bill was up for determination, according to a report.
“I don’t know whether it’s constitutional or not constitutional, and neither do you guys or anybody else in here,” the speaker said as he ended debate over the bill in June. “The best way to get this thing done is hear this bill, move forward, and let a challenge go to the courts and let them decide it.”
Delaware Republican Party Chairwoman Jane Brady and Republican Attorney General Candidate Julianne Murray filed a lawsuit challenging the law’s constitutionality.
Vote-by-mail ballots were previously allowed while Delaware’s COVID-19 state of emergency was in place.
The law also included an allowance for same-day registration at polling places, which Cook ruled was constitutional. Meanwhile, voters who can’t make it to the polls can ask for an absentee ballot.
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Cook’s ruling has no bearing on Delaware’s Tuesday primary election.
