DELAWARE - The Delaware Supreme Court issued an opinion saying universal mail voting and same day registration violate the state constitution.
In a statement released on Dec. 19, the Public Interest Legal Foundation say successfully invalidated Delaware's election statute passed by the General
Assembly over the summer. The law permitted universal mail-in voting and same day voter registration.
The Public Interest Legal Foundation filed a lawsuit alleging it violated Delaware's Constitution. After filing a brief opinion with just the judgement in October, the Supreme Court of Delaware issued a fill written opinion on Dec. 17 declaring the law unconstitutional.
“This was a monumental victory in the election integrity space,” said PILF President, J. Christian Adams. “This is the first time a state Supreme Court has invalidated an election statute. This law violated the plain text of the Delaware Constitution. Today’s opinion is a victory for the rule of law in elections.”
In the opinion the Court states that Article V, Section 4A of the Delaware Constitution only allows for absentee voting in certain enumerated circumstances. Additionally, the Court writes that the state constitution establishes a deadline for voter registration.
