DELAWARE- The State Supreme Court heard arguments this morning regarding the recent Chancery Court ruling that vote-by-mail is unconstitutional. With the general election less than five weeks away, Delaware voters are hoping for a final ruling sooner rather than later.
The Democratic-led General Assembly passed the vote-by-mail bill this past summer after failing to win Republican support to amend the constitution.
Chancery Court Judge, Vice Chancellor Nathan Cook, ruled that the statute violates a provision in the Delaware constitution that spells out the circumstances under which a person is allowed to cast an absentee ballot.
In this mornings hearing Chief Deputy Attorney General, Alexander Mackler, argued that these constitutional provisions “do not tie the hands of the General Assembly."
Mackler also said the inquiry is not whether Delaware's constitution permits this legislation but whether it prohibits this legislation.
The Supreme Court also discussed the same-day registration statute and whether or not it should be allowed in November.
Delaware voters are divided on the issue. Some believe mail in voting is beneficial and more accessible.
Others believe vote-by-mail should only be allowed for those who are not physically able to go to a polling location.
The Office of the Courts said the Supreme Court may take several weeks to reach a final decision.
However, if mail in voting is allowed in the general election, the Department of Elections will begin sending out mail in ballots on Sunday, Oct. 9.
If the original decision is upheld the DOE will notify mail in ballot applicants that they must vote in person in November.